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Viewing the election from the Right.


This was the year the 1876 law would work -- kind of

It was going to be a long night, I'd told myself Election Day. I had no idea just how long it would turn out to be. This night was going to last 36 days.

All through the campaign, I'd been telling myself Al Gore Noun 1. Al Gore - Vice President of the United States under Bill Clinton (born in 1948)
Albert Gore Jr., Gore
 would win by a hair, half believing it, half to steel myself. But it wasn't turning out that way at all. He was winning big, as one state after another turned blue on the television screen early in the evening. I was turning a little blue myself.

But I'd been through this before, lots of times, and it always passed, more quickly every time. You get used to losing when you're born in the South and, sometime in your wasted youth back in the 1950s, doubtless out of sheer contrariness, you decide to become both a Republican and integrationist. Which were much the same thing back then, when civil rights bills were being sponsored by the likes of Robert A. Taft.

So when Florida went blue early in the evening, and Pennsylvania and Michigan, too, I knew all was lost. Again. I started framing another of those gracious Hail to the Chief editorials I'd had so much practice at.

Harry Truman had the right idea. On election night, 1948, he'd had a sandwich and a glass of milk around 8, and gone to bed. Victory could wait. Defeat can, too, so I went home and hit the sack. There would be plenty of time to do the gracious thing the next morning.

By dawn's early light, all was confusion. Bush had won, not won, and it was still too early to call. Gore had conceded, then unconceded. A month Later, even by the time I started to write this piece for The Masthead mast·head  
n.
1. Nautical The top of a mast.

2. The listing in a newspaper or periodical of information about its staff, operation, and circulation.

3.
, I was afraid it would have to end: To Be Continued This article is about the Elton John box set. For the plot device commonly featuring the phrase "To be continued", see Cliffhanger.

To Be Continued
.

Who had carried Florida? In my book the best answer comes from my favorite My Favorite is an independent synthpop band from Long Island, New York. They released two CDs: Love at Absolute Zero and Happiest Days of Our Lives. My Favorite broke up on September 14, 2005, when singer Andrea Vaughn left the band.  mathematician, John Allen Paulos John Allen Paulos is a professor of mathematics at Temple University in Philadelphia who has gained fame as a writer and speaker, usually on the topic of mathematics and the importance of mathematical literacy, although he is also drawn to other subjects, such as the mathematical , who by now has educated a whole generation of us innumerates. "The margin of error in this election," he explained, "is far greater than the margin of victory, no matter who wins."

Less important than answering the unanswerable was getting the country a president. Happily, there were laws in place to do just that. Not just state laws but, though Al Gore's lawyers would deny it in every venue, federal ones. It seems a couple of gentlemen named Hayes and Tilden had got the country into a similar fix back in 1876, and a decade later a law was passed to prevent any recurrence.

That part of the federal code specifies a date by which a state's electors electors, in the history of the Holy Roman Empire, the princes who had the right to elect the German kings or, more exactly, the kings of the Romans (Holy Roman emperors).  could no longer be challenged, and even Florida's Supreme Court would eventually recognize it. This was the year that old law would work, kind of. But not immediately.

The only thing clear the day after the vote was that A] Gore had accomplished the impossible: He'd made Richard Nixon look like a gentleman. Everybody was going back to 1960 and digging up another vice president's concession. For despite some dubious returns from South Chicago and South Texas that year, and much to the disgust of his more fervent followers, Dick Nixon had thrown in the towel. It was his finest hour -- in a career that wouldn't have many fine hours.

Al Gore wasn't about to give up that easily. He took his cue not from Richard Nixon but from a Republican of another century, James G. Blaine James Gillespie Blaine (January 31, 1830 – January 27, 1893) was a U.S. Representative, Speaker of the United States House of Representatives, U.S. Senator from Maine and a two-time United States Secretary of State. . ("When I want a thing,] want it dreadfully") Even before first light in Florida, battalions of lawyers were being airlifted to the front.

But all the talk about an "illegal" butterfly ballot in Palm Beach sounded bogus from the start. Designed by a Democratic official, it was used elsewhere without question. No, the butterfly ballot proved only a feint feint  
n.
1. A feigned attack designed to draw defensive action away from an intended target.

2. A deceptive action calculated to divert attention from one's real purpose. See Synonyms at wile.

v.
 to cover the main thrust of the attack, which was to count/cast/ conjure up conjure up
Verb

1. to create an image in the mind: the name Versailles conjures up a past of sumptuous grandeur

2.
 every possible Democratic vote/attempted vote/intended vote.

Soon the whole circus was being televised nationally, as election officials peered earnestly at punchcard after punchcard, and the c-word not only entered the American vocabulary but overwhelmed it. A blizzard of chad -- hanging and dimpled, real and imagined -- blurred whatever clarity this election had left, like a record snowfall blotting out all roads All Roads is a 2001 interactive fiction game by Jon Ingold that placed first at the 2001 Interactive Fiction Competition. It also won the XYZZY Awards for Best Game, Best Setting and Best Story and was nominated for Best Individual Puzzle and Best Writing. , fences, and once-familiar boundaries.

Soon every relevant precedent was being cited to justify this spectacle, and quite a few irrelevant ones. Like what Texas law had to say about Florida elections (not much) or a precedent from Illinois that, it turned out, wasn't.

The whole, bizarre, chad-covered white-out was inevitable -- from the moment folks stopped counting votes and began divining intentions. Count 'em once, count 'em twice, count em thrice thrice  
adv.
1. Three times.

2. In a threefold quantity or degree.

3. Archaic Extremely; greatly.
 with chicken soup chicken soup Chicken broth Folk medicine Jewish penicillin A fowl broth with a long tradition as a home remedy for URIs, which may be a nasal decongestant, inhibit growth of pneumococci in vitro, and stimulate immune responsiveness in WBCs Mainstream medicine A  and rice.... To quote a former governor of Arkansas, we'd opened up a whole box of Pandoras .

Elections make everybody a little crazy as anybody in charge of editing letters to the editor knows, but this year the real craziness set in after the polls closed. One of the remarkable things about this post-election election was that neither side could fathom how the other could actually believe the arguments it was making.

The second American presidential election of 2000 soon became an exercise in gestalt psychology Gestalt psychology

Twentieth-century school of psychology that provided the foundation for the modern study of perception. The German term Gestalt, referring to how a thing has been “put together” (gestellt), is often translated as “pattern” or
 as we set out to divine the intentions of voters from "the totality" of their ballots. Or at least the ballots in selected precincts in selected counties. It seemed an insane game. Yet here were all these perfectly serious people playing it.

Elections make everybody a little crazy, as anybody in charge of editing letters to the editor knows, but this year the real craziness set in after the polls closed. One of the remarkable things about this post-election election was that neither side could fathom how the other could actually believe the arguments it was making.

I had no doubt about the Gore people's sincerity which only increased my wonder at their inability to see what was so plain to the rest of us: Their candidate didn't really want every vote counted, but only Gore votes. Certainly not military votes.

Soon lawsuits were being filed everywhere by everybody Worse, everybody was talking like a lawyer. Law-logic, as opposed to the real kind, was covering the talk shows and, worse, appearing in editorials. Oracles were telling us they could read the Will of the People not in entrails en·trails
pl.n.
The internal organs, especially the intestines; viscera.
 but spoiled ballots. Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 replaced deliberation, and passion overruled reason.

Florida's judicial branch was being asked to decide who would head the executive branch of the federal government. And its Supreme Court appeared eager to do so, whatever the law said about deadlines and procedures and letting Florida's secretary of state use her discretion. Not to mention the Constitution of the United States Constitution of the United States, document embodying the fundamental principles upon which the American republic is conducted. Drawn up at the Constitutional Convention in Philadelphia in 1787, the Constitution was signed on Sept. , which leaves it to the state legislatures to prescribe the manner in which electors are to be chosen.

It was only a small snowball at first, this constitutional crisis a-borning, but as it roiled down the mountainside, it was acquiring a momentum of its own. Circuit judges who tried to do their duty under Florida's quite explicit election code were overruled by that state's Supreme Court, which was issuing injunctions without being asked and ordering recounts of recounts.

Sometimes the recounts were of just some part of some counties, sometimes of all the undervotes (ballots without a presidential choice) but never of the overvotes (ballots with two presidential choices).

It seems like a bad dream now. The official in charge of Florida's elections was excoriated, to put it mildly for everything from her deference to deadlines to her mascara. For a while I kept a list of the names Katherine Harris was called till they overflowed my filing cabinet. First she was badmouthed for following the deadline for certifying the votes clearly mandated by that state's laws; then Florida's supremes chastised chas·tise  
tr.v. chas·tised, chas·tis·ing, chas·tis·es
1. To punish, as by beating. See Synonyms at punish.

2. To criticize severely; rebuke.

3. Archaic To purify.
 her for following the new, later deadline they had plucked out of the air. Cruella De Vil could do no right.

The smear job was scarcely surprising. Indeed, the only real surprise in the whole circus is that a scion sci·on  
n.
1. A descendant or heir.

2. also ci·on A detached shoot or twig containing buds from a woody plant, used in grafting.
 of the Chicago Daleys couldn't dig up a couple of thousand votes for his man in the most Democratic part of Florida. It is the plaint PLAINT, Eng. law. The exhibiting of any action, real or personal, in writing; the party making his plaint is called the plaintiff.  of every generation: We are not the men our fathers were.

What a show: The worst of causes had the most charming of advocates -- David Boies -- and both sides were filled with a passionate intensity. That rolling snowball was becoming an avalanche. Strangely enough, the center was holding. Only the politicos seemed excited; the American public remained perfectly calm. As if it knew the U.S. Cavalry would arrive in time. In black robes.

But at the moment Florida's legislature was preparing to enter the fray. What would happen if two sets of electors showed up to cast that state's decisive votes, and Congress was called on to settle matters? Or maybe unsettle them. Wild scenarios proliferated, including one in which Al Gore cast the decisive vote in the U.S. Senate to recognize his own electors, and another in which the presidency devolved on the (very) senior member of the Senate, Strom Thurmond.

What, the Gore people worry? They couldn't see any constitutional crisis developing. This was indeed a difference between conservatives and liberals. In our system of ordered liberty, conservatives instinctively understood that, without the order, the liberty will prove meaningless. We were concerned most with stability; continuity; and the change that comes about through traditional means, and so lasts. Edmund Burke would have been the best critic of this post-election election.

Others are more concerned about following an abstract principle -- like justice, equality, or plurality rule. If necessary, they were willing to follow it right over the nearest cliff. Not that they ever saw any cliff. They seemed to think this whole matter could have been resolved by just peering at a few more cards again. And again, until the right result emerged. Or rather the left.

When the employee newsletter here at the paper sent out a questionnaire asking folks what they wanted for Christmas, I hadn't hesitated: "All, I want for Christmas is a president. Free and clear." I got my wish 10 days ahead of time -- in the form of a president and precedent from the Supreme Court of the United States Supreme Court of the United States

Final court of appeal in the U.S. judicial system and final interpreter of the Constitution of the United States. The Supreme Court was created by the Constitutional Convention of 1787 as the head of a federal court system, though it was
. Concession and conciliation conciliation: see mediation.  suddenly filled the air. Christmas had come early. SCOTUS had overridden SCOFLA SCOFLA Supreme Court of Florida , hooray, hooraw. And all the jabberwocky jab·ber·wock·y  
n.
Nonsensical speech or writing.



[After "Jabberwocky," a nonsense poem by Lewis Carroll.]

Noun 1.
 finally ended.

At last, our long national daydream was over. Al Gore would give the best, or at least the most welcome, speech of his life. The only possible criticism I could think to make of his textbook-gracious, sportsmanlike concession was to note that it had come 36 days late. The constitutional crisis had been averted, and the heroine freed from the railroad tracks -- but only after an agonizing wait. What a pity he'd put all of us, not least himself, through this paper chase.

The hero of the story (and of so many others) was the Supreme Court of the United States, or at least seven-ninths of it. Two of the justices couldn't see a constitutional crisis if it were staring them in the face, which it was. The other seven didn't agree on much, but all found the decision of Florida's Supreme Court less than supreme. Only Justices John Paul Stevens John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. He joined the Court in 1975 and is the oldest and longest serving incumbent member of the Court.  and Ruth Ginsburg would have sat by and watched this train of events go right over the cliff.

In the end, SCOTUS had ridden to the rescue again. Naturally it was roundly denounced -- by the most intemperate in·tem·per·ate  
adj.
Not temperate or moderate; excessive, especially in the use of alcoholic beverages.



in·temper·ate·ly adv.
 outburst of criticism since George Wallace and Lester Maddox were leading the charge against the law of the land. Justice Ginsburg was particularly eloquent on the subject of states' rights states' rights, in U.S. history, doctrine based on the Tenth Amendment to the Constitution, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.  -- or at least the rights of state judiciaries, not state legislatures. The news photos prove she wore a black robe when hearing oral arguments; I had only imagined it was Confederate gray.

Whatever the rhetorical fallout, my sense was that the American people were grateful to the real Supreme Court for finally dropping the curtain on a show that had gone on too long and turned into a farce, and a dangerous one. The next president of the United States The head of the Executive Branch, one of the three branches of the federal government.

The U.S. Constitution sets relatively strict requirements about who may serve as president and for how long.
 may have to establish his legitimacy, but the legitimacy of the Supreme Court remains strong. The moral of the story is an old one: God looks after fools, drunkards, and the United States of America UNITED STATES OF AMERICA. The name of this country. The United States, now thirty-one in number, are Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, . God save that honorable court.

NCEW NCEW National Conference of Editorial Writers  member Paul Greenberg, a Pulitzer Prize winner in editorial writing, is editorial page editor of the Arkansas Democrat-Gazette.
COPYRIGHT 2001 National Conference of Editorial Writers
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Author:GREENBERG, PAUL
Publication:The Masthead
Article Type:Brief Article
Geographic Code:1USA
Date:Mar 22, 2001
Words:2113
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