William Hubbs Rehnquist

Name: Bush v. Gore — Opinion - Concurrence of Rehnquist
Author: William Hubbs Rehnquist

Bush v. Gore — Opinion - Concurrence of Rehnquist

Summary

“Bush v. Gore — Opinion - Concurrence of Rehnquist”, is a work by William Hubbs Rehnquist. It explores elements such as election, the Florida Supreme Court and manual recount.

Quotes from Bush v. Gore — Opinion - Concurrence of Rehnquist (William Hubbs Rehnquist)

William Hubbs Rehnquist, Bush v. Gore — Opinion - Concurrence of Rehnquist

“ In any election but a Presidential election, the Florida Supreme Court can give as little or as much deference to Florida's executives as it chooses, so far as Article II is concerned, and this Court will have no cause to question the court's actions. But, with respect to a Presidential election, the court must be both mindful of the legislature's role under Article II in choosing the manner of appointing electors and deferential to those bodies expressly empowered by the legislature to carry out its constitutional mandate. ”

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Source: Wikisource

William Hubbs Rehnquist, Bush v. Gore — Opinion - Concurrence of Rehnquist

“ Fairness dictates that a provision be made for either party to object to how a particular ballot is counted. Additionally, this short time period must allow for judicial review. I respectfully submit this cannot be completed without taking Florida's presidential electors outside the safe harbor provision, creating the very real possibility of disenfranchising those nearly six million voters who are able to correctly cast their ballots on election day. ”

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Source: Wikisource

William Hubbs Rehnquist, Bush v. Gore — Opinion - Concurrence of Rehnquist

“ Underlying the extension of the certification deadline and the short-changing of the contest period was, presumably, the clear implication that certification was a matter of significance: The certified winner would enjoy presumptive validity, making a contest proceeding by the losing candidate an uphill battle. In its latest opinion, however, the court empties certification of virtually all legal consequence during the contest, and in doing so departs from the provisions enacted by the Florida Legislature. ”

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Source: Wikisource

William Hubbs Rehnquist, Bush v. Gore — Opinion - Concurrence of Rehnquist

“ In most cases, comity and respect for federalism compel us to defer to the decisions of state courts on issues of state law. That practice reflects our understanding that the decisions of state courts are definitive pronouncements of the will of the States as sovereigns. ”

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Source: Wikisource

William Hubbs Rehnquist, Bush v. Gore — Opinion - Concurrence of Rehnquist

“ But no one claims that these ballots have not previously been tabulated; they were initially read by voting machines at the time of the election, and thereafter reread by virtue of Florida's automatic recount provision. No one claims there was any fraud in the election. The Supreme Court of Florida ordered this additional recount under the provision of the Election Code giving the circuit judge the authority to provide relief that is "appropriate under such circumstances." ”

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Source: Wikisource

William Hubbs Rehnquist, Bush v. Gore — Opinion - Concurrence of Rehnquist

“ This is one of them. Article II, § 1, cl. 2, provides that " [e] ach State shall appoint, in such Manner as the Legislature thereof may direct," electors for President and Vice President. (Emphasis added.) Thus, the text of the election law itself, and not just its interpretation by the courts of the States, takes on independent significance.
In McPherson v. Blacker, 146 U.S. 1 (1892) , we explained that Art. II, § 1, cl. 2, "convey [s] the broadest power of determination" and "leaves it to the legislature exclusively to define the method" of appointment. ”

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Source: Wikisource

William Hubbs Rehnquist, Bush v. Gore — Opinion - Concurrence of Rehnquist

“ The President is vested with the executive power of the nation. The importance of his election and the vital character of its relationship to and effect upon the welfare and safety of the whole people cannot be too strongly stated. ”

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Source: Wikisource

William Hubbs Rehnquist, Bush v. Gore — Opinion - Concurrence of Rehnquist

“ Moreover, the court's interpretation of "legal vote," and hence its decision to order a contest-period recount, plainly departed from the legislative scheme. Florida statutory law cannot reasonably be thought to require the counting of improperly marked ballots. Each Florida precinct before election day provides instructions on how properly to cast a vote, Fla. Stat. Ann. § 101.46 (1992) ; each polling place on election day contains a working model of the voting machine it uses, Fla. ”

William Hubbs Rehnquist

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Quotes from Bush v. Gore — Opinion - Concurrence of Rehnquist (William Hubbs Rehnquist)

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