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Bush v. Gore

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by

Artee Sharma

on 12 December 2012

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Transcript of Bush v. Gore

Artee Sharma,
Nazia Nazir,
Taylor Montgomery,
Whitney George Bush v. Gore Gore got 539,897 more popular votes than Bush
Gore won 267 electoral votes
Bush won 246 electoral votes
No clear winner Election Night The Two Presidential Candidates George W. Bush Al Gore Biography Biography Case Background Election night of November 7, 2000 did not end without conflict.
At night some assumed Al Gore won but in the morning it was declared that George W. Bush won.
This conflict originated because the election was too close to call.
The main deciding factor = Florida
Florida has 25 electoral votes Arguments Legality Opinion of the Justices The outcome of the case was a 5-4 decision in George Bush's favor.
The majority decision was that there was an Equal Protection Clause violation in using different standards of counting in different counties. Five justices agreed that December 12 (the date of the decision) was the deadline Florida had established for recounts.
Chief Justice Rehnquist's concurring opinion began by emphasizing that this was an “unusual case in which the Constitution requires federal courts to assess whether a state supreme court has properly interpreted the will of the state legislature.” Conspiracy Theroy Bush's brother, Jeb, was the govenor of Florida
Katherine Harris (Florida Secretary of State) was the co-chair of George W. Bush's Florida election campaign
Faulty voting machines voted for Bush
Supreme Court , fearing violence, elected Bush as President
Unoffical recounts by news org. found that Al Gore would have won Florida
The Supreme Court consisted of a 9 justices, the ratio of which was 5:4, 5 Republicans 4 democrats
Some of the justices, were selected by Bush's father during his administration Works Cited Major Players Texas Gov. George W. Bush
•Governor of Texas
Vice President Al Gore
•Vice president to Bill Clinton for nearly eight years
James Baker
•Top advisor for the George W. Bush presidency campaign
Katherine Harris
•Katherine Harris was the Florida Secretary of State
David Boies
•Lawyer representing Gore
Ted Olson
•Lawyer representing Governor Bush
Chief Justice William Rehnquist
•Wrote the opinion in this case that effectively brought the struggle over Florida's electoral votes to an end. George W. Bush Bush's main arguments were that the Florida hand recounts should stop because they were in violation of the constitution.
Bush argued that the state court violated Article 2 of the constitution which stated that the states shall name the electors at the direction of their lawmakers. Therefore, the hand recounts were unconstitutional.
Bush also claimed that the recounts violated the Due Process and Equal Protection Clauses in the Fourteenth Amendment. Al Gore Gore's main arguments were in response to the claims Bush brought up.
He believed there was no constitutional arguments related to this case.
Gore claimed that Article 2 provides no basis to override the Florida Supreme Court.
Gore raised the issue of Federalism in his arguments Public Reaction Before 2000...
Candidates and the public quickly accepted the offical election results in a close election
Most people were confident their votes were going to be counted accurately

After 2000...
Less confident about accurately counted votes Outcome The Path to the US Supreme Court At least 42 law suits resulted from this election deadlock.
One of the major cases, Bush v. Gore, went to the highest state court – the Florida Supreme Court.
Bush asked the United States Supreme Court to overturn the ruling because he argued that it violated the constitution.
November 24th, the US Supreme Court agreed to hear an appeal.
December 1st, the Justices heard the case
December 4th, the US Supreme Court issued a unanimous opinion
It found that the reasoning for Florida’s Supreme Court’s ruling was unclear.
The Florida Supreme Court had to respond before the December 12th federal deadline.
A week later, the Florida Supreme Court ordered a statewide recount of ballots instead of separate counties. Supreme Court under article 3 of the cont. has the jurisdiction over controversies in which the U.S. is involved.
Bush v. Gore led to a controversy in the election of the president, (i.e. Florida) thus the Supreme Court could intervene since the constitutionality of the subject matter was in question
The Supreme Court ruled five to four, favoring Bush as the new president
The Supreme Court decision could largely be based on the right of the state to choose its electors, and that the manual recount of votes might have led to inconclusive results.
Favored Bush's equal protection clause argument, counties had different voting procedures, meaning that one person's vote could be counted in one county, and not in another, an apparent violation of the equal protection clause.(seven justices concurred on this issue) (only five agreed that bush should be elected president.) http://www.youtube.com/watch?v=Rr_U_ndZZgg The Supreme Court, in a 5-4 decision, ruled that the Florida Supreme Court's recount order was unconstitutional, because it granted more protection to some ballots than to others.
This violated the Fourteenth Amendment’s Equal Protection
This clause forbids states from denying a person equal protection of the laws. Received
a bachelor’s degree in history from Yale University in 1968,
Master of Business Administration from Harvard in 1975,
After that he moved to Midland and began a career in the energy business.
A few years later he became the Governor of Texas
Although Bush was in office for 8 years, it is believed that his presidency didn’t officially start until the September 11th attack on the World Trade Center, the Pentagon, and failed flight to the White House.
Bush formed a new cabinet-level Department of Homeland Security, sent American forces into Afghanistan to break up the Taliban, a movement under Osama bin Laden. Born and raised in Washington D.C.
Attended Harvard and earned a degree with high honors in government in June 1969.
Served in the Vietnam War and upon his return dropped out of Law school and ran for the House of Representatives
Served in the House and Senate before runing for president
Was President Bill Clinton’s running mate in 1992 and 1996.
Inspired by his father who previously served in the House and U.S. Senate
Gore is widely known for his strong beliefs on global warming which he won a Nobel Peace Prize for. "Al Gore Biography." Bio.com. A&E Networks Television, n.d. Web. 11 Dec. 2012.
"George W. Bush." The White House. N.p., n.d. Web. 11 Dec. 2012.
Hasen, Richard L. "The Real Legacy of Bush v. Gore." Slate Magazine. N.p., n.d. Web. 09 Dec. 2012.
McMahon, Edward, Lee Arbetman, Edward L. O'Brien, and Lee Arbetman. Street Law: A Course in Practical Law. St. Paul, MN: West Pub., 1986. Print.
"President of the United States - George W. Bush." Biography of President George W. Bush. N.p., n.d. Web. 11 Dec. 2012.
Sapet, Kerrily. Political Profiles: Al Gore. Greensboro, NC: Morgan Reynolds Pub., 2008. Print.
Sergis, Diana K. Bush v. Gore: Controversial Presidential Election Case. Berkeley Heights, NJ: Enslow, 2003. Print.
Southwell, David, and Sean Twist. "9." Unsolved Political Mysteries. New York: Rosen Pub., 2008. N. pag. Print.
Whittington, Mark. "Bush v. Gore: Key Players." Yahoo! News. Yahoo!, 08 Dec. 2010. Web. 09 Dec. 2012.
Wukovits, John F. George W. Bush. San Diego, CA: Lucent, 2000. Print.
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