by Winifred Stockington

Created on: May 03, 2008

The question of whether or not the 2000 election court decision was fair and just is a highly subjective one; the answer depends on how one chooses to define the principles of fairness and justice. If we define fairness and justice as the opportunity for an individual to seek legal recourse all the way to the highest court of the country, then the decision was both fair and just. However, if we define fairness and justice as occurring within the confines and limits of the U.S. Constitution, then the decision was neither fair nor just.

The 2000 election court decision represents a gross misapplication of judiciary power. In order to sort through decisions and reach conclusions, the Supreme Court of the United States wields a figurative toolbox of judiciary powers. Among these are the ability to grant or deny a writ of certiorari and the principle of ripeness. In the case of the 2000 election, the Supreme Court chose to use neither of these tools, even though both could have been applied. First of all, the Supreme Court could have denied the case a writ of certiorari, which means they would have refused to hear the case. At the time, the case was being resolved by the government of Florida, but the Supreme Court stepped in prior to Florida's chance to complete the task at hand. Ideally, the Supreme Court could have refused to hear the case because Florida had not had a chance to complete the process. Furthermore, citing the ripeness of the case would have given the Florida system to resolve the issue on its own. The fact that neither tool was used signifies how uncharacteristically the Court was acting on this issue.

Ultimately, the fact that makes the decision unfair and unjust is the fact that the Constitution assigns the state electoral process to the STATES, not the judiciary. This is a safeguard set in place to ensure that it is the American PEOPLE who elect the president, not the government itself. In the end, the president was chosen by only nine people, and that is more than we as American people should stand. The founding fathers would have been truly disappointed.

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