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| December 28, 2000 |
Legal vote count done and over with on Nov. 14
Dear Editor:
"Time for country to move forward" editorial (Dec. 21, 2000) is timely and good advice; but don't be too anxious about the politics of the immediate future. Half the country is certain that something happened in Florida that bordered on fraud and thievery. It will be impossible to console those who feel that way, but the legal vote count and the election itself was done and over with on Nov. 14.
Legally, Vice President Al Gore's legal team asked for a recount on Nov. 8. The machine recount was made, and Governor Bush was still ahead. Contrary to the rule of law, a rehand count was ordered by the State Supreme Court which found disfavor with the United States Supreme Court, not once, but twice...and finally it was reversed, and the results, according to law, reverted to the machine count of Nov. 14. On Dec. 18, the Electoral College gave George W. Bush 271 votes; Al Gore 266; and 1 blank vote.
The reason for the State Supreme Court's unusual decisions despite the U.S. Supreme Court's first caution, is difficult to understand. The only reason the State could have intervened in the election was if machine recount had reflected any one of three results: (1) fraud, (2) device malfunction or (3) an act of God. None these were found, nor was there any conclusive evidence to the contrary presented to the state election boards. That should have been end of the appeal.
The only question I have with your editorial, dealt with our "democratic society." Political parties were not part of our founding fathers. Patrick Henry was asked about whether we had a democratic society or a Republic. He answered: "You have been given a Republic, if you can keep it." We have a Republic with a democratic system of government which means that we vote for representatives who are to represent the citizenry in a legislature locally, and Congress on the national level. The rights of the minority are not protected in a Democracy. The majority rules with absolute force. A 51 percent plurality can execute the 49 percent, literally speaking. Under a Republic the majority is to function by rule of law - regardless which party wins.
Florida was a clear case of the judiciary losing control of its duties. With the problem on hand, the State Supreme Court should have turned the appeal over to the State Legislature where the "minority," whomever it might have been, and the State Legislature could have enacted the necessary election laws. The U.S. Supreme Court could not have any jurisdiction. If necessary, beyond the State Legislature, it would have landed in the U.S. Congress.
All legally cast votes were counted twice by the election devices. Incomplete ballots were rejected. Hopefully, we have learned the vital function of the Electoral College and that we will add to our schools' curriculum what it means to be a Republic, and not a pure democracy which we witnessed in Florida. Finally, the rule of law was brought to bear.
Al Hopfer,
Greensburg