Dark Bilious Vapors

But how could I deny that I possess these hands and this body, and withal escape being classed with persons in a state of insanity, whose brains are so disordered and clouded by dark bilious vapors....
--Rene Descartes, Meditations on First Philosophy: Meditation I

Home » Archives » March 2005 » Bush v The Constitution

[« Did I just hear the odds dropping?] [A Hot Dog Program »]

03/24/2005: Bush v The Constitution


Delay, Deny and Demagogue by Maureen Dowd (NY Times) is essentially about Tom Delay and the GOP highjacking - once again - our Constitutional Values and Laws for political gamesmanship. However, this isn't really the first time we've had: Bush v The Constitution.
Maureen writes:

"...Republicans easily abandon their cherished principles of individual privacy and states rights when their personal ambitions come into play. The first time they snatched a case out of a Florida state court to give to a federal court, it was Bush v. Gore. This time, it's Bush v. Constitution."

A lot of folks simply did not actually READ the briefs and Case Law, of Bush v Gore, way back during that election debacle. And perhaps would not or could not have understood the "legalese" or the case law and legal principles had they bothered.

I did read those briefs. (Mr. David Boies for V.P. Al Gore - Mr. Ted Olsen for Gov. Bush)

And I can say it's happening YET AGAIN that this President has no respect for the very Constitutional document, institutions, laws and values he swore an Oath on that Bible of his faith to represent and uphold against all enemies.

To read what I had to say about this back then - click on the "more" button.

Bush v The Constitution

The underlying issue which was argued about was that in Florida and within our Constitution was: Is there is a process and procedure, when and if, such instances arise that necessitate a "re-counting" of votes in that State.

Ms. Harris had certified the results and refused a re-count request in violation of state law as decided by the lower court. The issue was appealed and was working its way through the legal process and the various appellate levels, while the infamous re-count proceeded (on national TV for all the world to see.)

The Supreme Court of Florida had affirmed the correct process and procedures for the re-count to finish - when the Supreme Court of the United States heard arguments from both Bush and Gore legal representatives.

The legal position taken by the Bush side was to IGNORE all legal precedents, all previous case law, all historical reasoning and the very Constitution of the United States to not FINISH the Florida vote re-count to determine the outcome of that election. It was not a conspiracy to throw out any particular class of votes or to discriminate against a segment of vote - but to ignore the voting process and legal procedures as they stood (codified in law) in the State of Florida. Clearly Pres. Bush stood behind this argument and Mr. Olsen as his legal representative. But it was an argument for a world without reference to law, legal precedent or the Constitutional rules.

Enter the Supreme Court of the United States: Again, there was no exact "conspiracy," but rather a complete about-face in the five member majority (who just happen to be the most conservative, right-wing, strict constitutional constructionists, and duck-hunting friends of Dick Cheney) to rule that this entire issue needed to be decided by them and taken out of the realm of the legal process and procedures of the State of Florida. This is the group of justices that routinely decide cases on a strict, unwaivering parsing of each word and nuance of our Constitution, and often reaches back to review the historical purpose and intent of the founding fathers.

If you read those briefs, and look at the laws and case involved (and I suggest you do) you'll see they decided, en masse, to abandon this philosophy for a more "touchy-feely" approach that the nation needed their wisdom to cut the Gordian knot and pick our president, regardless of what the actual vote re-count would have determined.

Let's be clear, I am not saying the re-count (had it been allowed to finish) wouldn't have certified G.W. as the winner, but I am complaining, vocally and loudly, about the subversion of our very process of government and the right for each person to have his/her vote actually counted, whatever the result.

It is about the "process" and the Supreme Court never really answered the legal issues presented in those briefs. The Justices punted on all of these points, and presented an entirely new rationale for the "importance" of counting votes under the Equal Protection Clause - and decided to ignore that and not finish the recount.

But I believe in the process, however untidy or messy. It is what America stands for. Many decry our legal system as well (and no doubt it could use certain reforms). We look to the process, however imperfect, and why so many of our processes and procedures make us "different" on the moral scale from the rest of the world. When we skirt the process or ignore it entirely, this where we fail to live up to our own American values and ideals.

Therein lies the cry for "foul" and a huge "shame on you five justices" to the Supreme Court of the United States.

Karen on 03.24.05 @ 05:47 AM CST



[ | ]

March 2005
SMTWTFS
  12345
6789101112
13141516171819
20212223242526
2728293031  



Home
Archives
Archives of Blogger site
Archives: May '04-Feb '05
Archives: Feb-March '05



RSS 1.0 FEED
Powered by gm-rss

Len's sidebar:
About Len (The uncondensed version)
Memorial to a dear friend
Frederick W. Benteen
The Web of Leonards
The St. Louis Cardinals
The Memphis Redbirds
The St. Louis Browns
The Birdwatch
Hey! Spring of Trivia Blog
BlogMemphis (The Commercial Appeal's listing of Memphis blogs)
The Guide to Life, the Universe, and Everything
George Dubya Bush Blows
Kraftwerk: Chicago, 6/4/2005
My Chicago: Part One
My Chicago, Part Two
Millennium Park
Miscellaneous Chicago
Busch Stadium Tour and BoSox/Cards Game: 6/6/2005
St. Louis Cardinals Hall of Fame Museum

Len's extended blogroll:

Brock's Sidebar:
About Brock
The Agitator
Agoraphilia
apostropher
Boing Boing
Brad DeLong
Crooked Timber
The Decembrist
Dispatches from the Culture Wars
Fafblog
Flypaper Theory
Heretical Ideas
John and Belle Have a Blog
Jon Rowe
Julie Saltman
The Language Guy
Literal Minded
Majikthise
Marginal Revolution
Matthew Yglesias
Oliver Willis
Orin Kerr
Pandagon
Pharyngula
Political Animal
Positive Liberty
Signifying Nothing
Unfogged
Unqualified Offerings

Karen's Sidebar
About Karen
The Ig-Nobel Prizes
The Annals of Improbable Research
The Darwin Awards
EBaums World
Real Clear Politics
U.S. News Wire
Foreign Affairs
The Capitol Steps
Overlawyered
Engrish
Legal Affairs
Nobel Laureates for Change
Program On International Policy
Law of War
Sunday Times
Media Matters
Fafblog
Is That Legal?
Discourse
Andrew Sullivan
Evolutionblog
Literal Minded
Jon Rowe
Dysblog
Freespace Blog
Thought Not
Publius Pundit
Maddox
Blog Maverick
Rosenberg Blog
Crooked Timber
GreeneSpace
EdCone.com
Conglomerate
McSweeney's

The Rocky Top Brigade:


Rocky Top Brigade Sampler


A New Memphis Mafia


The liberal alternative to Drudge.

Get Firefox!




The Rebel Alliance of Yankee Haters
Blue Squadron (NL)
Babalu (Marlins)
Leaning Toward the Dark Side (Mets)
Ramblings' Journal (Cubs)
Mediocre Fred (Brewers)
Len Cleavelin (Cardinals)
Red Squadron (AL)
Obscurorama (Red Sox)
Frinklin Speaks (Mariners)
Steve Silver (Twins)
Steve the Llama Butcher (Red Sox)
Rob the Llama Butcher (Rangers)
MoatesArt (Red Sox)
Rammer (Tigers)
JawsBlog (Indians)
Ubi Libertas (Blue Jays)
Oldsmoblogger (Indians)
Mass Backwards (Red Sox)
Unassigned
Industrial Blog
Cry Freedom



How many visitors are here:


Blogrings/Blog indexes/Blog search:
« ? Verbosity # »


Listed on Blogwise
Blogarama - The Blog Directory
Popdex
Popdex Citations
Technorati
Blog Search Engine



Greymatter Forums Weblog Commenting and Trackback by HaloScan.com
template by linear