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Minn. Recount Violates Constitution

Arbitrary calls are reminiscent of Florida 2000: Paulsen

By Ambreen Ali,  Newser User

Posted Jan 15, 2009 12:50 PM CST
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(Newser) – Minnesota's Senate recount "is Florida 2000 all over again," Michael Stokes Paulsen writes in the Wall Street Journal. "The details differ, but not in terms of arbitrariness, lack of uniform standards" and other bad precedents the decision in Bush v. Gore created. The situation "isn't just embarrassing," Paulsen argues. "It is unconstitutional."

Al Franken currently leads Norm Coleman by 225 votes, but Bush v. Gore and state law must prevail to legitimatize the election results, Paulsen argues. "There is no looming national deadline. Minnesota can take its time and do things right." And if the "legal train wreck" can't be straightened out? "The Constitution's answer is a do-over."

The present 'certified' result, which is that Mr. Franken won by 225 votes out of more than 2.9 million cast, is an obvious, embarrassing violation of the Constitution, Paulsen writes.
"The present 'certified' result, which is that Mr. Franken won by 225 votes out of more than 2.9 million cast, is an obvious, embarrassing violation of the Constitution," Paulsen writes.   (AP Photo/Jim Mone, File)
Local officials were left out of the recount process, as the campaigns took over the decision on which citizen's vote matters.
Local officials were left out of the recount process, as the campaigns took over the decision on which citizen's vote matters.   (AP Photo/Dawn Villella)
Minnesota botched this recount constitutionally, Paulsen warns.
Minnesota botched this recount constitutionally, Paulsen warns.   (AP Photo/Dawn Villella)
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The margin of Franken's current lead is partly the product of a successful what's-mine-is-mine-what's-yours-is-vetoed strategy, and of the Coleman team's failure to counter it. - Michael Stokes Paulsen, law professor

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COMMENTS
Showing 3 of 5 comments
Guest
Jan 16, 2009 6:39 AM CST
This has been a completely transparent process, with representatives from both parties involved agreeing it it fair. The recount could even be streamed live-- it is probably the best example of how to do a recount there is. Sometimes a conspiracy theory is just a conspiracy theory.
justme
Jan 16, 2009 6:38 AM CST
Only one question. What side of the question were you on when it was Bush ahead in Florida? Did you say "swear him in?' or demand a different outcome.? Just asking for equality in law enforcement.
Snarfeh
Jan 15, 2009 7:32 PM CST
Well, justyou, if you want equality in law enforcement, then the Supreme Court is bound by their own precedent to stop all counting and to give it to Franken.

Courts take time to consider Franken 'victory'
Associated Press

Popularity tanks for both candidates
Weekly Standard

 
Norm Coleman • Minnesota • Al Franken • Election 2008 • recount • US Senate

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