Bush V Gore Essay
Bush V Gore
In November 7, 2000 the Presidential election took place in the US. It was found in 8th November, 2000 and reported by the Florida Division of Elections that George Bush was 1700 votes ahead of Gore making the victory margin at 0. 45%. A recount was issued and a much smaller margin was the result in favor of Bush. On 10th November the result was declared in favor of Bush with 327 votes. It should be remembered that during this period county was not calculated and as per as Florida Laws related to election is concerned Gore requested manual counting at Miami-Dade, Broward, Palm Beach and Volusia.
However Miami-Dade, Broward, Palm Beach was unable to meet the deadline. Votes of these counties were overlooked and Bush was provided with the certificate of victory in the Presidential election of 2000 in 12th December. 3. Procedural History On 11th December, 2000 Theodore B. Olson represented Bush while David Boies represented Gore when the case was brought to court. The decision was extremely swift in this case as it was a case of special nature and the judgment was passed after 16 hours of the presentation of the arguments. It should be reported that two cases were combined in this hearing.
These two cases were the Bush v. Gore and the Bush v. Palm Beach County Canvassing Board case. (Souter, 1) 4. Issues legal question The fundamental legal questions in this context was formulated by Souter who stated that “whether the State Supreme Court’s interpretation of the statute providing for a contest of the state election results somehow violates 3 U. S. C. § 5” and “whether that court’s construction of the state statutory provisions governing contests impermissibly changes a state law from what the State’s legislature has provided, in violation of Article II, §1, cl.
2, of the national Constitution” (Souter, 1). The third legal question in this context was whether the entire proceedings were violating the guarantee and protection provided by the Fourteenth Amendment. 5. Broad holding Under the broad parameters of the law it could be stated that it is important uphold the true nature of protection and guarantee under the parameters of the Fourteenth Amendment but at the same time it is important to provide the correct decision in a short timeframe. 6. Narrow holding
The specific facts of this case indicated that the 3 U. S. C. § 5 and Article II, §1, cl. 2 should be taken into consideration and a proper method of statutory provisions should be provided under all circumstances in this case of utter importance. 7. Doctrinal Reasoning The ruling stated that the recounting would be stopped and thus the winner of 2000 Presidential election was George Bush. There were not many cases discussed over the arguments and the main case that was referred to was the Logan v. Zimmerman Brush Co.
, 455 U. S. 422 of 1982. Apart from this the main issue revolved around the aspects of Articles related to the protection of the candidates. These include U. S. Const. art. II, § 1, cl. 2, 3 U. S. C. § 5, U. S. Const. amend XIV, § 1, of the United States Constitution and Fourteenth Amendment to the United States Constitution. However, it should be stated that main aspects and decision mainly relied on the issue of Equal Protection Clause. To quote Souter it could be stated that “in deciding what to do about this……..
among counties when passing on such identical ballots in any further recounting (or successive recounting) that the courts might order” (Souter, 1). 8. Policy Reasoning The social consideration in this context of the case between Bush v Gore was of extreme important as the entire issue was related to the election of the President of the country and from a social point of view it was of extreme importance that the verdict should be delivered without much unnecessary deliberations. This was a case where the future of the county was at stake.
Thus faster mode of judicial action was needed and it was thus provided. 9. Miscellaneous It should be noted in this context that during the period of the judgment Florida Court there were only about 1000 votes that set the two contenders, Gore and Bush, apart. In the context of dissent it should also be mentioned that during the same period the amount of votes that were not counted was more than 170000 votes. This figure was in accordance to the slip op. at 66 in the Gore v. Harris case and the figure was the opinion of Harding.
However, it should also be mentioned that in accordance to the counsel of Gore during oral argument 62 that the amount of uncounted voted would be much lesser at 60000. References: Souter, J. December, 2000. No. 00—949, George W. Bush, Et Al. , Petitioners V. Albert Gore, Jr. , Et Al. On Writ of Certiorari to The Florida Supreme Court. Supreme Court of The United States. Supreme Court Collection: Cornell University Law School. Retrieved on 12. 09. 2007 from http://www. law. cornell. edu/supct/html/00-949. ZD1. html