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essay on equality before law
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Bush v. Gore
Bush v. Gore was a controversial case that was heard on December 11, 2000. This case decided the outcome of the 2000 presidential election between Vice President Gore and Texas Governor George W. Bush.
The election took place on Nov 7, 2000. Under our electoral college system each state votes for our new president separately, a winner is then declared in each state and is awarded “electoral votes” that is equal to the states number of representatives in the House and Senate. Gore led Bush 266-246 and 270 votes are required for victory. Florida with 25 electoral votes did not have an official winner because the result was inside of the margin of error for machine counting.
Gore knew the only way to figure this out was to have a manual recount of several counties ballots. As Palm Beach County was recounting its ballots Florida Secretary Harris, a Republican and co-chair of the Florida Bush campaign, officially certified the election for Bush. In reaction to this decision Gore and Palm Beach filed suit against Bush and Harris in Florida Supreme court demanding that the recount should go on. On November 22, Bush appealed to the United States Supreme Court against Palm Beach County Canvassing Board stating the decision was in violation of a federal statute requiring electors to be finished at a given point before the Electoral College met.
After many more suits were filed oral arguments in Bush v. Gore were brought before the US Supreme Court on December 11, 2000 by lawyers representing both sides. Due to the nature of the case the court gave its opinion in only 16 hours after hearing the arguments.
Bush’s representation questioned that, Does recounts in Florida violate the Equal Protection Clause of the 14th amendment to the United States Constitution? Because all the votes were being counted unevenly, with standards varying from county to county, where recounts in counties where he could have majority were not being conducted. Bush Argued the decision went against the Constitution stating “nor shall any State…. Deny to any person within the equal protection of the laws.”
Gore’s representation responded that the Florida Supreme court hade done everything it could to establish equal treatment of both parties, and that requiring all ballots to be treated in the same manner would require a new federal standard for counting votes. Gore also claimed that ending recounts was not a good way to settle this extraordinary dispute.
Voting is at the center of every democratic system. In america, it is the system in which a president is elected into office, and people express their opinion. Many people walk into the voting booth with the thought that every vote counts, and that their vote might be the one that matters above all else. But in reality, America’s voting system is old and flawed in many ways. Electoral College is a commonly used term on the topic of elections but few people actually know how it works.
The Supreme Court case, Santa Fe Independent School District v. Doe, was argued on March 29, 2000, in Texas (Santa Fe Independent School Dist. v. Doe). The verdict was decided on June 19, 2000 by the Supreme Court. The case questioned the constitutionality of the school’s policy that permitted student-led, student initiated prayer at football games. The Supreme Court justices had to take the Establishment Clause of the first amendment into account when making their decision (Cornell University Law School). The case originated in the Santa Fe Independent School District, located in Texas. The District was against Doe, a Mormon and a Catholic family involved within the District. The purpose of the case was to determine if the school policy was in violation of the first amendment’s Establishment Clause which creates a divide between religion and government. The first amendment freedom of religion was the right at stake in regards to the Establishment Clause that defines a line between church
In January of 2010, the United States Supreme Court, in the spirit of free speech absolutism, issued its landmark Citizens United v. Federal Election Commission decision, marking a radical shift in campaign finance law. This ruling—or what some rightfully deem a display of judicial activism on the part of the Roberts Court and what President Obama warned would “open the floodgates for special interests—including foreign corporations—to spend without limit in…elections” —effectively and surreptitiously overturned Austin v. Michigan Chamber of Commerce and portions of McConnell v. Federal Election Commission, struck down the corporate spending limits imposed by Bipartisan Campaign Reform Act of 2002, and extended free speech rights to corporations. The purpose of this paper is to provide a brief historical overview of campaign finance law in the United States, outline the Citizens United v. Federal Election Commission ruling, and to examine the post-Citizens United political landscape.
... of Florida, under the Electoral College, electoral votes for the candidate running for office receive a plurality of their popular vote. Therefore, whoever gets the majority of the national electoral votes wins the election. Bush won by a narrow margin of these votes resulting in a mandatory machine recount, which afterwards concluded that Bush’s victory margin, was even narrower. This allowed Al Gore to request a recount in the counties of his choice, so naturally he chose the counties whose votes were historically democratic. The uncertainty continued through the circuit courts all the way to The Florida Supreme Court who ruled in Bush v. Gore that there was not enough time to recount the popular vote ballots without violating the United States constitution. The recounting of the ballots would have violated the Fourteenth Amendments “Equal Protection Clause”.
The first court case I will talk about is McCulloch vs maryland. This case was about America’s ability to tax the property of government buildings. Maryland was taxing a government bank that was owned by McCulloch. McCulloch didn 't agree with this ruling and refused to pay the tax. This case went to the Supreme Court. The Court agreed with McCollugh and cre...
It was decided on April 28, 2004, that the Court decided not to intervene because there wasn’t a proper solution the courts could make. Justice Scalia that a solution did not exist. Justice Anthony Kennedy wrote that he believed the Court should not give up to finding
(2) Brown V. the Board of Education (1954): In 1954 the Supreme Court made one of the most important decisions in its long history. It decided in the case of Brown v. Board Of Education of Topeka that it was unconstitutional for states to maintain separate schools for African American and white children. This case over turned the "Separate but equal" doctrine established in the case of Plessy v. Ferguson back in 1896.
It was a sunny day in Florida, and as the votes were counted from the controversial “Butterfly Ballot”, George W. Bush was ahead of Al Gore by a tiny margin of votes. It was then seen that a staggering 1,500 votes went un-counted. As the people of America demanded a recount, the Bush Administration did not want a recount, because they knew they would lose the election. So they took the matter to the courts, and won. Until this day, no full recount has ever been done. It is also very suspicious that the winning candidates brother was governor of Florida.
Originating in 1787, the Electoral College was created as the official body within American politics that elect the president and vice president. The decision of who will win is based off the vote totals in each state, and “the founding fathers established it in the constitution as
Texas v. Johnson (No. 88-155). Argued: March 21, 1989. Decided: June 21, 1989 In 1984 the Republican National Convention was held in Dallas, Texas. While there, a group of protesters, opposed to President Reagan's reelection, burned an American flag. Specifically, Greg Johnson was seen dousing the flag with kerosene and lighting it on fire. Johnson was arrested under a Texas flag desecration law. He was convicted and sentenced to one year in jail and fined $2000. The State Court of Appeals affirmed but the Texas Court of Criminal Appeals reversed the decision.
Roe v. Wade (No. 70-18) was argued on December 13, 1971 and the case was decided on January 22, 1973 and it debated the constitutionality of abortion. The majority Supreme Court justices serving at the time of the case were Harry A. Blackmun, William J. Brennan, Lewis F. Powell Jr., Thurgood Marshall. The concurring opinions came from Justices Warren Burger, William Orville Douglas, and Potter Stewart. The two justices who disagreed with Roe and were pro-life are William H. Rehnquist, and Bryan White (Roe v. Wade, CNN).
Williams, N. R. (2012). Why the National Popular Vote Compact Is Unconstitutional. Brigham Young University Law Review, 2012, 1523-1583
According to the YouTube film, “Fahrenheit 9 11”, provided factual information on the the way George W. Bush actually won the election. Al Gore who was running for president at the time was actually winning according to the media at one point. Multiple news channel presented, Al Gore, as the winner of many states. However, Fox 5 News provided
On March 16th, I watched the movie Recount directed by Ray Roach. After watching the movie, I was asked to, “Criticize whether the election of 2000, between G.W. Bush and Al Gore was legitimate.” I strongly believe the election was beyond unfair. From the very beginning of the movie you can tell that the votes were coming in close.. Ron Clane asks if the Democrats were going to win and another man responds, “Yes, but it will be a squeaker,” suggesting that this is a close match between the two of them. Both Republicans and Democrats knew that Florida was going to be the state that ultimately chose the next president of the United States, and when people started demanding recounts, Republicans did all they could in their power to stall or even stop recounts from being considered. Pat Buchanan went on television and stated that he believes people voted for him in the belief that they had actually voted for Al Gore. An example of Bush’s party trying to stop the votes from being counted was the fact that they purposely disrupted the hand counts that were
The US Supreme Court overturned Colorado’s Amendment 2. The majority opinion issued by Justice Kennedy concluded the following: "Based on this analysis of the potentia...