lonibelle, does that mean the court got it right in the former and wrong in the latter?
Done, no green.
Now that I think about it..... Only the SCOTUS gets to decide if they got it right or not. Final arbiter unless the people decide otherwise. We DO live in a wonderful country!
Ionibelle: substantive due process is a fiction. There is only procedure. Anything more than that and judges are free to make it up out of whole cloth.
Difficulty score 20. No green.
My point about the 14th amendment was and is that is was misused in both cases. Federal courts have used it as an invitation to interfere in state matters such as laws against abortion or election recounts, whether it is the due process clause, the privileges and immunities clause or the equal protection clause (all contained in the same sentence). When in fact the final section of the amendment gives Congress the power to make laws to enforce its provisions, but no explicit authorization is given for federal courts to take the initiative on such matters.
So drwho the federal courts should not have taken the initiative on stopping the recount?
Isn't the point here that the world has moved on. Even the Catholic Church is slowly getting there. Basic human rights should be taken out of politics. Any vote should be and usually would be in Australia a conscience vote by members of parliament. If someone suggested bringing back slavery would bring Trumpypumpy more votes he'd probably start suggesting it.
Hope the US agreeing to sign the climate treaty along with China is getting good support in the US.
Phil, haven't you figure out yet that it doesn't matter what the rest of the world thinks or does - the US is always better. There's simply nothing to learn from anyone else.
A bit hard, but maybe I was just missing easy stuff. 14.
Diane, one must always hold out hope and reward the little steps of progress. Actually I think in the history of the world they are more like a belligerent teenager, admittedly a 6 foot 6 inch build like a brick dunny kind of teenager, but nevertheless a teenager. China on the other hand is more akin to the widened old grandfather, cantankerous at times but a life long lived deserves some respect. Australia is also a teenager but more easy going and would rather go surfing. England and the rest of Europe is the parent, been there, done that, got the t shirt. Do teenagers ever listen to their parents or grandparents? In my experience, only when they get to about 21!