General Discussion
In reply to the discussion: A hearty "FUCK YOU" to anyone who helped bigots and fascists capture the Supreme Court. [View all]DemocracyForever
(161 posts)Here's the portion of the 12th amendment that gives the U.S. House of Representatives the authority on disputed Presidential elections.
" if no person have such majority,(referring to a majority of the electoral college votes) then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President
Here's the 10th amendment:" The powers not delegated to the United States by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively ,or to the people."
Article 3, SECTION. 2. Is really a list from Congress of the cases that the Supreme Court can handle. There's nothing about the Supreme Court handling elections cases. You also need to note the last 8 words of this section of the constitution, " under such Regulations as the Congress shall make." This gives Congress the authority to regulate the Supreme Court and the cases the Supreme Court takes
These portions of the constitution give the U.S. House of Representatives the authority to handle a disputed Presidential election where no one has gotten a majority of the electoral college votes, the states authority to conduct elections and Congress's authority to regulate the Supreme Court
You further don't understand again that never before 2000 did the Supreme Court intervene in a disputed Presidential election. Some notable disputed Presidential elections before 2000 are 1824 which did go to the U.S. House of Representatives for resolution and 1876 which was resolved by a commission set up by Congress. There was no Supreme Court intervention in either of these disputed Presidential elections.
You also don't understand that the Bush vs Gore ruling blatantly violated the 14th amendment's equal protection clause because it blocked the counting of 160,000 legally cast ballots located in the largest and most heavily democratic voting counties in Florida. The throwing out of these democratic ballots while counting republican ballots is a direct violation of the 14th amendment's equal protection clause because democratic cast ballots were treated differently than republican cast ballots. In addition, Bush has signed the same intent of the voter counting standard in Texas as was the vote counting standard in Florida. Most states have the intent of the voter as the vote counting standard which makes the Bush vs Gore ruling all the more bogus in addition to its anti-democracy, unconstitutional problems.
I recommend that you leave this to people who actually worked on Florida campaigns and know all of the laws and disputed Florida territory involved. There would be no Trump today without the Bush vs Gore ruling.