ABSTRACT

This chapter examines the conflicting claims, political infighting, court interpretations and the continual fight to win public support and approval, the most fundamental battle of them all. The Court based its decision to a significant degree on the "equal protection" clause in the Constitution saying the lack of precise standards specified by the Florida Supreme Court as to what constitutes a valid vote ensured a range of criteria, and that individual judgments would be applied that violated constitutional protections as to a fair application of the law. The Court, of course, was involved; it was assertive of its role; and it acted to overrule state laws, courts, and local canvassing boards in such a manner (particularly evident in the decisive final decision) as to insure that no outcome other than George W. Bush's election was practical or possible. It may be the most contentious and curious act of a contentious, curious and unforgettable election year.