Bush v. Gore

The Stop Bush v. Gore , returned on December 12th, 2000, puts a term at the recourse and the disputes consecutive with the presidential election of 2000 and the recounts of the voices in Florida. It allows the election of George W. Bush the presidency of the United States to the detriment of Al Gore.

History

  • November 7th - presidential Election

  • November 8th - In Florida, after examination Georges W. Bush obtains 1.784 votes moreover than Al Gore, is less than 1% of the number of the voters. Pursuant to the Electoral code of the State, one proceeds then to an automatic recount of the votes at the conclusion which the republican candidate remains victorious but with a number of weaker voice.

Questions contained in the business

Broadly three questions were put to the Supreme court at the end of the legal circular of the American presidential election of 2000.

Denaturation of the law of the State by the Supreme court of Florida

Each State will name, according to the rules determined by its legislature, a number of voters equal to the full number of Senators and Representatives to which this State can have right in the Congress; but no Senator, neither Representative, nor no holder of a remunerated or honorary federal function could be entitled to vote. |Constitution of the United States, Article II, Section 1.

The Constitution of the United States leaves each free federate State determine the mode of nomination of the Great Electors charged to elect the President. Being based on a provision of the Electoral code of Florida taken under the terms of Article II, Section 1. , the Secretary of State of Florida Catherine Harris ordered that the recounts of voice cease at the latest on November 14th. The Supreme court of the State, seized by the democratic camp, estimated as for it that the recounts were to be prolonged until November 25th.

The question was then to so know while acting of the kind, the Supreme court of Florida had exceeded the limits of its prerogatives and had denatured the Law of the State, taken under the terms of the Constitution.

Violation of the clause of " the equal protection of the lois"

The Supreme court of Florida by ordering the recount of the votes did not match its decision of presciptions establishing of the identical methods in all the polling stations to proceed to cettez operation. The recount was thus not carried out same manner in the polling stations. By doing this, the Supreme court has you it contravened the constitutional principle of the equal protection of the laws contained in XIVème amendment?

Exhaustion of the time of dispute

Opinions of the judges

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