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Reply #108: Not a problem. [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
Laelth Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 08:56 AM
Response to Reply #93
108. Not a problem.
As a person who, quite literally, became an attorney because I was appalled by Bush v. Gore, I am honored to meet a scholar of that case, and was extremely interested in what you had to say. I did not know, however, that the Courts prior to Bush v. Gore had never enforced the technical qualifications for office that were written into the Constitution, but that makes all the difference. I am also compelled by the Courts' logic--who are they to subvert the will of the people? The people own the Constitution and are presumed to know the technical requirements of officeholders. If the people choose to waive those requirements, the people have the absolute right to do so. As such, the Courts have refused to subvert the will of the people when elected candidates have been challenged for failing to meet technical Constitutional requirements, and that seems to me to be the right outcome.

I am also compelled by the logic of your argument that we ought not waste time arguing the merits of the current appeals. Stare decisis ought to be determinative here. It's amazing to me what a threat to our Constitution Bush v. Gore actually was. I am glad Sandra Day O'Connor recanted her decision in that case. It has harmed us greatly.

Thanks for sharing what you know. This thread is part of why I love DU. We're all pretty bright people, but all of us have much to learn, and I appreciate your willingness to educate the ignorant, and it's clear you've put a lot of time into doing just that in this thread.

:toast:

The United States is a LIBERAL Country.

:dem:

-Laelth
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