1. Welcome to Unit Two Introduction To Constitutional Law Bush v. Gore And other Constitutional Applications

2. Factual Background After the 2000 Presidential election between Petitioner Republican candidate George W. Bush and Respondent Democratic candidate Albert Gore, Jr., a dispute arose over ballots cast in Florida, and Gore requested recount in four counties. Two counties, a canvassing board, the Florida Democratic party, and respondent Gore brought an action wherein a Florida circuit court ruled that a deadline for filing returns was mandatory. Respondent Florida Secretary of State determined that no extensions were warranted, and on appeal, the Florida’s First District Court of Appeal certified the issue to the Florida Supreme Court, which enjoined the Secretary and Florida commission from certifying results. That court then ordered a manual recount. (Lexis) After the 2000 Presidential election between Petitioner Republican candidate George W. Bush and Respondent Democratic candidate Albert Gore, Jr., a dispute arose over ballots cast in Florida, and Gore requested recount in four counties. Two counties, a canvassing board, the Florida Democratic party, and respondent Gore brought an action wherein a Florida circuit court ruled that a deadline for filing returns was mandatory. Respondent Florida Secretary of State determined that no extensions were warranted, and on appeal, the Florida’s First District Court of Appeal certified the issue to the Florida Supreme Court, which enjoined the Secretary and Florida commission from certifying results. That court then ordered a manual recount. (Lexis)

3. Facts Continued The day after the Florida Supreme Court had ordered a recount, the U.S. Supreme Court granted a temporary stay, or delay, in enforcing the Florida Supreme Court's order. The U.S. Supreme Court justices, too, were narrowly divided, 5-4. The five justices voting in favor of the stay were the same five conservatives who had been moving the Rehnquist Court to the right for more than a decade. The first hearing of Bush v. Gore telegraphed to the nation what would happen if the Court took further action in the case. (Bush v. Gore summary)

4. Decision If the recount was allowed to go forward, the Court said, then this would be a violation of the Equal Protection Clause of the Fourteenth Amendment. The U.S. Supreme Court sent the case back down to the Florida Supreme Court, which had no alternative but to dismiss it. The presidential election of 2000 had been decided, in essence, by the vote of one Supreme Court justice.

5. Equal Protection The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. What this means is that State laws have to treat an individual in the same manner as others in similar conditions and circumstances. What this means is that State laws have to treat an individual in the same manner as others in similar conditions and circumstances. The equal protection clause requires "equal application" of the laws. There must be no discrimination in the application of any law. The equal protection clause requires "equal application" of the laws. There must be no discrimination in the application of any law.

6. Reasoning of USSC The USSC found that when the Florida State Supreme Court ordered the recount, they established new standards for resolving the Presidential election and as such this was a violation of the Equal Protection and Due Process Clause. More specifically, there was no recount procedure in place and therefore could not just be created by the Florida Supreme Court. The USSC found that when the Florida State Supreme Court ordered the recount, they established new standards for resolving the Presidential election and as such this was a violation of the Equal Protection and Due Process Clause. More specifically, there was no recount procedure in place and therefore could not just be created by the Florida Supreme Court.

7. Was this the correct decision? Did the USSC have jurisdiction? Did the USSC have jurisdiction? How can the USSC tell the State of Florida how to conduct the election? How can the USSC tell the State of Florida how to conduct the election? Would the USSC have jurisdiction if it were a Governor's race? Would the USSC have jurisdiction if it were a Governor's race? What role did the executive branch of Gov. play? What role did the executive branch of Gov. play?

8. Recent USSC Decision In another dramatic victory for firearm owners, the Supreme Court has ruled unconstitutional Chicago, Illinois' 28-year-old strict ban on handgun ownership, a potentially far-reaching case over the ability of state and local governments to enforce limits on weapons. In another dramatic victory for firearm owners, the Supreme Court has ruled unconstitutional Chicago, Illinois' 28-year-old strict ban on handgun ownership, a potentially far-reaching case over the ability of state and local governments to enforce limits on weapons. A 5-4 conservative majority of justices on Monday reiterated its two-year-old conclusion the Constitution gives individuals equal or greater power than states on the issue of possession of certain firearms for self-protection. A 5-4 conservative majority of justices on Monday reiterated its two-year-old conclusion the Constitution gives individuals equal or greater power than states on the issue of possession of certain firearms for self-protection.

9. How did USSC justify this decision? Due Process provisions of the 14 th Amendment was behind the reasoning. Due Process provisions of the 14 th Amendment was behind the reasoning. Protects rights against state infringements, defines citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes states for denying vote, and disqualifies Confederate officials and debts. Protects rights against state infringements, defines citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes states for denying vote, and disqualifies Confederate officials and debts.

10. Good job tonight!