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Political polarization throughout the years
Role of the judiciary
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The Bush V. Gore case was one of the closest elections in presidential candidacy history, as it ultimately decided the 2000 presidential nomination between Texas governor George W. Bush and vice-president Al Gore (time.com) The case was conclusively decided on former Texas Governor, George Walker Bush, in a precise presidential vote, effectively naming Bush the 43rd president of the United States (time.com). The court’s decision was correct with the siding of Bush because the Majority Opinion argued that the Florida’s vote recount was unconstitutional according to the 14th Amendment’s Equal Protection Clause. For the Dissenting Opinion, the case could be argued that if the ballots were not polluted on Florida’s side of the vote, there would have been a accurate outcome of the votes. The case could be argued that the deadline for the recounts was placed in an unrealistic timeframe to fully complete the manual recounts in the select four Florida counties.
The majority opinion in this case was on the side of Bush. It was a unimaginably close election, as the final vote went down to the last and final state, Florida. The outcome of Florida's vote recount resulted in a dramatic squeeze on the results. Out of 6 million total votes that resulted from the Florida recount, only 327 votes separated the two presidential candidates (pbs.org). By the time of the final decision, over a month had passed since the original votes were cast (phschools.com).
One of the main arguments in the Bush V. Gore case was that the Florida vote recount was unconstitutional according to the 14th Amendment’s Equal Protection Clause (Oyez.org). The Equal Protection Clause states that “no state shall deny to any person within its jurisdiction the equal p...
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...story. (princeton.edu)
In the end, Florida’s 25 electoral votes gave Bush, the republican, 271 total electoral votes. Al Gore, a democrat, ended up with a total of 266 electoral votes. A majority of electoral votes is required to achieve victory in either the President or Vice-President position. (princeton.edu)
The U.S. Supreme Court ruled in favor of George W. Bush in a vote of 5-4. The Court’s decision defeated the suspense of who would end up being the 43rd president. The court said there was no way to hold an acceptable recount by the final election deadline, and that the Florida Supreme Court had violated the U.S. Constitution when it ordered recounts in only certain districts. In the end, this case was a very highly controversial moment in the U.S. Supreme Court’s history, naming George Bush the president of the United States of America. (phschools.com)
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.
The final outcome to the case of Clinton v. The City of New York was very surprising to many different people. The constitutional issues that were brought up was that with the Line Item Veto Act the President had too much power. Many arguments were brought up in the Supreme Court from both the majority and the dissenting sides. The whole case being ruled unconstitutional by the Supreme Court and then coming to a mooted point to this day. I believe that this ruling was incorrect in the fact that the majority should feel good that they had received the rest of the bill.
John Adams, the previous Federalist president, lost the Election of 1800 to Thomas Jefferson, a Democratic-Republican. Before Jefferson took office, Adams decided to appoint as many Federalists into the Supreme court as he could, including William Marbury, all of whom needed to be commissioned in order to be officially sworn in. However, Jefferson took office before the commissions could be handed out, and he ordered his Secretary of State, James Madison, to not deliver the commissions. Marbury proceeded to ask Marshall for a writ of mandamus (found in Section 13 of the Judiciary Act), forcing Madison to issue the commissions. This dispute between Marbury and Madison sparks the famous case. The dilemma here is the differences in interpretation. Some viewed Section 13 as unconstitutional, as it added power to the Judicial Branch, disrupting checks and balances. Others saw that “Marbury had been duly appointed…[and] the writ of mandamus [was] to be an appropriate legal remedy for resolving Marbury’s dilemma”(Clinton 86). Marshall wanted to issue the...
elections is debatable—and the non-inclusiveness of early American elections undeniable— the Constitution unequivocally establishes regular elections for seats in the House of Representatives and for the executive office (articles I and II respectively), a key component of Poloni-Staudinger and Wolf’s definition of liberal democracy (35). Moreover, the inclusion of a series of individual rights appended to the Constitution (U.S. Const. ams. 1-10) buttresses Constitutional protection of individual civil rights and civil liberties, two popular protections imperative for any state seeking the designation liberal
In a chart from Document G, there are 4 past elections listed that compare the popular votes to the electoral votes. In the 2000 election, George W. Bush won by 271 electoral votes, while Gore won by 266 electoral votes. This may seem reasonable for Bush to be the president, but when it comes to the popular vote, Gore had the highest amount of popular votes than Bush did. So why did Bush win instead? This is one of the main reasons why the Electoral College should be abolished.
... 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”.
In 1888, Benjamin Harrison won a seat in the White House. He lost popular votes because he carried electoral votes on his side. Furthermore, the margin between electoral votes was less than one percent, but Harrison still became president despite the 100,000 popular votes difference! Election of 2000 came up with the same scenario. Gore won people’s support but lost electors’; therefore he had to accept G.W.... ...
.... This new amendment prohibited the states to deny the right to vote because of race.
The case involved several questions the Supreme Court had to answer. The first question was whether or not Marbury had a right to the commission. The Court decided that he did have the right because the appointment was issued while Adams was still in office and took effect as soon as it was signed. The next question was to determine if the law gave Marbury remedy. The Court found that the law did provide remedy for Marbury. Adams signed the appointment and Marshall sealed it thereby giving Marbury legal right to the office he was appointed to. Therefore, denying delivery of the appointment to him was a violation of his rights and the law provides him remedy. The third question was to determine whether the Supreme Court had the authority to review acts o...
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 only 16 hours after hearing the arguments. Bush’s representation questioned, Does recounting 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, 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.
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
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.
Secondly, do you agree with election 2000? I surely don't, I mean the wrong president won the election. Gore received 500,000 more votes than Bush. But who won the election, Bush. All because of a policy called the Electoral College. It is a very controversial issue. I know that many people are unhappy about this election. I thought we were a democracy! And we choose are president, not electors.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...