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Jewish World Review Nov. 27, 2000 / 29 Mar-Cheshvan, 5761

Ann Coulter

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Certify the electors, then the judges

http://www.jewishworldreview.com -- IT'S AS IF the justices of the Florida Supreme Court read Oliver Wendell Holmes' stirring words about the law not consisting of a "brooding omnipresence in the sky" and about judges having "jurisdiction only to declare the law" and not "authority to make it" -- and said: "Huh? Do any of you guys know what that means?"

The Florida court's ruling on Tuesday night is even more insane than the typical judicial imperialism. Usually, when judges have a hankering to legislate, they choose territory untrod by the written law. Where the law is silent, they concoct "penumbras" and "emanations" and discover hitherto unnoticed, invisible provisions. The Florida decision is more lawless than Roe vs. Wade.

Florida law isn't silent on the question of when the election is over. In no uncertain terms, the law imposes a mandatory seven-day deadline on the submission of election returns. The kangaroo court simply took the seven-day statutory deadline and replaced it with a 19-day deadline. Why not rename the state bird? Then at least only one state would have to deal with the justices' collective senility. Now the whole country isn't sure whether to wait out the process or call 911.

Poor Secretary of State Katherine Harris is subject to directly opposed legal commands. She is, of course, required to follow Florida law, as are all Florida residents (except, evidently, judges). And Florida law explicitly directs her to "ignore" any election returns submitted after the seven-day deadline and to certify the electors.

But at the same time, the order of the Florida Supreme Court commands Harris to defy the law -- the one duly enacted by proper legislative channels long before anyone knew precisely how much time Al Gore would need to steal votes (19 days). In order to follow the law, she will have to violate the court's lunatic order.

It's as if state law set a 60-mile-an-hour speed limit and the Florida Supreme Court came along and specifically ordered Katherine Harris to drive her car at 120 miles per hour and to disregard traffic signals -- provided George W. Bush was in front of her car.

Needless to say, the Florida Legislature really ought to stop diddling and impeach these aspiring Pol Pots. But while it's unfortunate that the good people of Florida have to endure a bunch of ambulance-chasers in their dotage trying to assume totalitarian powers over their state, that's not the main issue right now.

The Supreme Junta of the People's Republic of Florida purports to have changed the rules governing a big important presidential election two weeks after the election took place. The rest of the country doesn't have time to wait for impeachment proceedings -- admittedly needful though they may be.

The remaining sane state officials in Florida have to do their jobs. As Ken Starr can attest, Democrats make it extremely difficult for people to do their jobs when their jobs consist of enforcing laws.

But it's Katherine Harris's job to certify the electors as provided in the real law (seven-day deadline) and not the Junta's manifesto (19-day deadline -- until we sober up enough to start issuing more orders). If Democrats had any doubt that Harris has the legal authority to certify the election right now, they wouldn't be maniacally defaming her.

The Florida Legislature and governor should immediately back Harris up. The Legislature wrote the law; it has a responsibility to protect its authority to write laws and have them given effect. It should act promptly to confirm the electoral slate certified by Harris.

The Florida governor signed the law; the current governor has a duty to defend the powers of that office as well as the laws of the state. Jeb Bush ought to announce that he is pardoning Harris for any threatened prosecution over her submission to the laws of Florida.

It may be unfortunate that Jeb is the brother of the guy who won the election, won the recount, won the manual recounts completed by the law's deadline, and won the absentee ballots.

It may even be a coincidence that the networks created the close election in Florida -- rather than in a state where Jeb is not governor -- by incorrectly calling it for Gore while the polls were still open. (Their mistake cost Bush about 10,000 votes in the Panhandle, according to economist John Lott's analysis of Republican and Democratic voting patterns since 1988.)

Jeb has a duty to enforce the law. Instead of being a gentleman to thieving Democrats, it's time for Jeb to exhibit a little of that famous Bush gallantry toward a beleaguered state official just trying to obey the law. If Jeb is worried about his political future, he ought to keep this in mind: Democrats can call you names, but they don't vote in Republican primaries.


JWR contributor Ann Coulter is the author of High Crimes and Misdemeanors: The Case Against Bill Clinton. You may visit the Ann Coulter Fan Club by clicking here.


Up

11/23/00: Kangaroo coup
11/20/00: This is what the Electoral College is supposed to prevent
11/16/00: The liar next time
11/09/00: JUST GO!
11/06/00: Hail Mary past
11/02/00: As the nose grows: The scripture according to Gore
10/30/00: Clinton sure can pick 'em
10/26/00: Gore's 'Nam flashbacks
10/23/00: Courting George Orwell
10/20/00: The three faces of Al
10/17/00: Must Christian conservatives be fascists?
10/13/00: Oil good; Dems bad
10/10/00: Al Gore: Serial fibber
10/06/00: Sigh of the crook
10/03/00: So who's the 'dumb guy' now?
09/29/00: Don't do drug legalization
09/26/00: I'd burn down my neighbor's house
09/22/00: Democrats worship the money shot
09/19/00: Other film footage we'd like to see
09/15/00: Bush can name the **^%*
09/12/00: The Supreme Court ratchet
09/08/00: Our mistake -- keep polluting
09/05/00: Bubba protects and serves
09/01/00: AlGore's 'going out of business!' tax plan
08/29/00: Bush's compassionate conservatism
08/25/00: Space alien tells funny jokes in bathtub
08/22/00: Dems view world only in black and white, not in color
08/18/00: Another Damascus Road conversion
08/15/00: The viagra cotillion
08/11/00: The hand-wringing Hamlet from Hartford
08/07/00: The Democratic party's white face
08/04/00: Hillary's potty mouth
08/01/00: The hole in the story
07/28/00: Cheney's detractors can't get their story straight
07/25/00: AlGore: Elmer Blandry
07/21/00: The tyranny of non-objectivity
07/18/00: The state's religion
07/14/00: Reform it back
07/11/00: Keating for veep
07/07/00: Gore invented 'Clueless'
07/04/00: The stupidity litmus test
06/30/00: O.J. was 'proved innocent' too
06/27/00: The last guys 'proved innocent'
06/23/00: Serious Republican candidates don't get serious press
06/19/00: They weren't overzealous this time
06/16/00: Evolution of the strumpet
06/13/00: Actual journalistic malpractice
06/09/00: I did not have sexual
relations with that ... man!
06/06/00: IRS turns Bubba's screw
05/30/00: Too corrupt to be an Arkansas lawyer
05/26/00: Choose liberalism
05/24/00: Violence against coherence
05/22/00: Developmentally disabled Republicans
05/16/00: For womb the bell tolls
05/12/00: Asylum from Georgetown
05/10/00: The truth is out there, even for the clueless
05/08/00: Barbie is a liberal Democrat
05/02/00: Moving the goalpost
04/28/00: The bastardization of justice
04/25/00: How Monica Lewinsky saved the constitution
04/24/00: It's sunny today, so we need gun control
04/19/00: No shadow of a doubt -- liberal women are worthless
04/14/00: It takes a Communist dictator to raise a child
04/11/00: The verdict is in on Hillary
04/07/00: Vast Concoctions III
04/04/00: 'Horrifying' free speech in New York
03/31/00: Check-Off Box For Pimp Suits
03/28/00: All the news that fits -- we print!
03/24/00: Net losses all around
03/20/00: To protect, serve --- and be spat on
03/16/00: Thank Heaven for the consigliere
03/13/00: Vast concoctions II
03/09/00: The bluebloods voted against you
03/07/00: The Tower of Babble
03/03/00: Vast concoction
03/02/00: Hillary's sartorial lies
02/28/00: You have to break a few eggs to make a joke
02/22/00: I've seen enough killing to support abortion
02/18/00: A liberal lynching
02/15/00: McCain and the flag
02/11/00: The Shakedown Express
02/08/00: To mock a mockingbird
02/05/00: Summing up Campaign 2000: 'Oh, puh-leeze!'
02/01/00: A Confederacy of Dunces
01/28/00: Dollar Bill's racist smear
01/24/00: How high is your freedom quotient?
01/21/00: Numismadness
01/18/00: How dare you attack my wife!
01/14/00: The Gore Buggernaut
01/10/00: The paradox of discrimination law

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