Also, they ordered that every county in Florida begin manually recounting all ballots that did not indicate a vote for president due to the fact there were enough contested ballots to significantly impact the outcome of the election. Governor George Bush and his running mate, Richard Cheney, in retaliation, filed a request for review to the Supreme Court. They sought an emergency petition to counter the Florida Supreme Court’s decision. The Court granted the writ of certiorari to determine whether the recount procedures adopted by the lower court were consistent with its obligation to avoid arbitrary and disparate treatment of the members of its electorate.
The Supreme Court heard this case of December 9, 2000 and focused on two main issues. The questions were: 1. Did the Florida Supreme Court violate Article II Section 1 Clause 2 of the U.S. Constitution by
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Al, argued that new standards established for resolving Presidential election contests were a direct violation of the U.S. Const. Art. II, § 1, cl. 2. Essentially they assert that Article II provides no basis to override the Florida Supreme Court’s decision to establish new standards that conflict with legislative enactments. Subsequently they contend that because Florida did not have a statewide vote recount standard and counties were using different standards to decide which votes would count, Florida was not treating all its citizens equally under the law thus violating the Equal Protection Clause. This was problematic in that two voters could have marked their ballot in the same manner but in one county it would be deemed acceptable and in another it would be rejected. It is critical to note that "The Equal Protection Clause prohibits government officials from implementing an electoral system that gives the votes of similarly situated voters different effect based on the happenstance of the county or district in which those voters live." Bush v. Gore, 531 U. S. 98, 104
Case Name, Citation, Year Cook v. Florida High School Athletic Association (FHSAA), 09-cv-00547 M.D. Fla. (2009) Facts of the Case: On June 16, 2009 parents of female athletes at FHSAA member schools filed suit against the United States District Court for the Middle District of Florida alleging that the newPolicy 6 discriminates against female students according to Title IX by reducing school participation in completions by 40 percent at the varsity level and 20 percent at the sub-varsity level. The plaintiffs also stated a complaint that male driven sports where exempt from this action because cheerleading was not recognized as a sport thus breaking the Title IX law. Issues: Why did Policy 6 reduced the number of competitions
Cedar Rapids v. Garrett F. Garret F., was a quadriplegic who was ventilator-dependent due to his spinal column being severed in a severe motorcycle accident when he was 4 years old. During the school day, he required a personal attendant within hearing distance to see to his health care needs. He required urinary bladder catheterization, suctioning of his tracheostomy, observation for respiratory distress, and other assistance. He attended regular classes in a typical school program and was successful academically.
Statutes Versus Codes Kyle Bustamante December 4, 2015 Fall B Charlotte Campus Statutes and Codes play a very important roll in the world of the Emergency Medical Service. They lay the foundation for how emergency medical services (EMS) agencies have to operate. The Florida Administrative Code 64-J and Florida Statute Chapter 401 define many things in this field. Some of them being the certifications given to you through passing tests and your scope of practice that you must work within. The most important thing that they define is how instructors, schools, ambulance licensing, trauma centers, etc., have to run.
The Seminole Tribe sued the state of Florida, arguing that the state's actions violated the IGRA and their tribal sovereignty. The case ultimately reached the US Supreme Court, which ruled in favor of the Seminole Tribe in a 6-3 decision.
Question Presented: Whether President Doe’s executive order, on the newly annexed island to Florida, violates any Constitutional Amendments, which should be granted to the occupiers of said island under the Constitution of the United States of America. Brief Answer: Yes, President Doe’s executive order, with its 13 provisions, violated the Constitutional Amendments granted to the occupiers of the newly annexed island to Florida.
The election Gore V. Bush was not legitimate. Both parties used their advantages to the fullest no matter how unfair. For example, when Bushes team found out that there was still 51 counties and Gore was only down by 98 votes, they put the counting to a stand still. Bushes team in a way bought the Florida Legislator for their decision.
Thalia Gonzalez POS 2112 21Z Ms .James Writing Assignment #2 November 1, 2015 Florida’s State Legislature The United States Constitution was created in order to obtain a stronger centralized government and of course each state has its own constitution in order to pass laws, set budgets, etc. The Florida constitution mandates a bicameral legislature with two chambers, the upper and lower house. These houses are known as the Senate upper house and House of Representatives lower house.
This is a criminal case, in which the Supreme Court ruled that there was no probable cause to arrest Hayes. Hayes did not give consent to be taken to the police station and be detained plus fingerprint. Therefore, Hayed Fourth Amendment rights were violated and the conviction was overturned. Fact of the case: In the 1980’s there was a series of rape and burglary that happened in Punta Gorda Florida.
The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable
In this case, the votes were being taken away from Al Gore and given to George W. Bush (1). If those ballots were counted in the time they were given, I believe that Al Gore would have been ahead. Also, there are 67 counties total in the state of Florida and 18 of those counties were supposed to be counted, however, only two, which were Palm Beach and Volusia, ballots were being recounted (1). The two
Case Gone Wrong: Anthony vs State of Florida Case No. 5D11-2357 If ever there was a botched case it was this one with inconsistencies on the part of the State being overwhelming. I watched this trial intently and read everything available.
We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed
He appealed his conviction and sentence to the Fourth District Court of Appeal and they affirmed that the Act does not violate any constitutionality challenged the defendant. Facts 1. The defendant committed to serve time for certain crimes and he was prison released in August 1996. 2.
Each State conducts its own criminal justice system, separate from federal authority, under the reserved powers of the Constitution. Alabama has its own bill of rights that recognizes the right of the accused to obtain counsel, but does not require the State to pay for attorneys to defend accused persons.” As for Powell the argument stated was this, “The young black men 's right to counsel was so fundamental to criminal proceedings that any trial conducted without a defense attorney was not a fair trial at all. Alabama 's conduct of the trial was unfair—a violation of a basic rule of decency and justice under the Constitution.” These two vastly different arguments made it rather challenging for the Supreme court to make a decision that was not favoring one side.
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.