These people would rather see the Republic wrecked than admit they lost. I'm on the verge of tears.
Gore's Litigation Strategy
This morning it appears that what many experts viewed as an extremely remote possibility -- that one presidential candidate might win the popular vote while losing in the Electoral College -- appears well on the way to becoming a reality. In recent days, the scenario has been something of a pundits' parlor game, a topic that made for amusing talk around the anchor desk but did not pose the threat of a serious political crisis. In part that was because most members of the commentariat believed that such a situation, if it did emerge, would involve vice president Al Gore winning the electoral vote and thus the White House. No problem!
But now, as the nation awaits a recount of the Florida vote, it appears the opposite might be true. Gore seems headed to a victory in the popular vote, while Bush seems likely to win Florida's 25 electoral votes and thus prevail in the Electoral College. As difficult as that would be for Gore to accept, the constitution is clear: the candidate who receives 270 or more electoral votes will be the next president.
But not so fast. Even before the final results are known, the outlines of a Democratic plan to undermine a possible Republican victory have already begun to emerge. After 4:00 a.m. on Wednesday, amid general confusion about the state of the election, Newsweek reporter and Gore partisan Jonathan Alter appeared on NBC to sketch the details of what the vice president's supporters might do in the event a recount showed Bush to be the winner in Florida, and thus in the Electoral College. Judging from Alter's analysis, some of those supporters appear willing to spark a full-scale political crisis rather than accept the constitutionally-mandated results of the election.
The plan is based on the popular vote. If Gore does indeed win a greater number of votes nationwide than Bush, Alter suggested, then the vice president would challenge the Florida recount in court -- over and over again, if necessary. The Democrats' intent would be to tie the Florida results up in endless litigation, and in the process try to convince the public that no recount can be completely accurate, and that the final Florida result, should it declare Bush the winner, cannot be trusted.
At the same time they make that case, Gore's partisans will point to the popular vote and make the argument that, given the allegedly murky nature of the Florida results, the election should go to the winner of the popular vote. After all, they will argue, he is the choice of a majority of Americans. That would be the beginning of an intense effort -- aided, no doubt, by the White House public relations machine -- to create public pressure on Bush to concede victory to Gore.
Of course, it's all grossly unconstitutional. This election, as all others, is governed by the constitutional provisions governing the Electoral College. The College has certainly been controversial in past elections, but it remains the instrument by which presidents are elected. If at some point the American people want to change it -- or do away with it altogether -- they are free to support a constitutional amendment that would take effect with the next presidential election.
But there remains the issue of what to do now. Would Gore really fight to the death -- and poison the process as a result? According to a variety of news reports, in the call retracting his original concession, Gore told Bush that he would concede again if the results of the Florida recount confirmed Bush's victory. Now, with his popular vote lead stretching beyond 200,000 votes, look for Gore's supporters to attempt to de-legitimize the Electoral College results and come up with their own creative solution for picking the next president.
Byron York is The American Spectator's senior writer. (Posted 11/8/00)
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"Get yourself a Pistolet Makarova and lose that pricey western gadget."
Gore's Litigation Strategy
This morning it appears that what many experts viewed as an extremely remote possibility -- that one presidential candidate might win the popular vote while losing in the Electoral College -- appears well on the way to becoming a reality. In recent days, the scenario has been something of a pundits' parlor game, a topic that made for amusing talk around the anchor desk but did not pose the threat of a serious political crisis. In part that was because most members of the commentariat believed that such a situation, if it did emerge, would involve vice president Al Gore winning the electoral vote and thus the White House. No problem!
But now, as the nation awaits a recount of the Florida vote, it appears the opposite might be true. Gore seems headed to a victory in the popular vote, while Bush seems likely to win Florida's 25 electoral votes and thus prevail in the Electoral College. As difficult as that would be for Gore to accept, the constitution is clear: the candidate who receives 270 or more electoral votes will be the next president.
But not so fast. Even before the final results are known, the outlines of a Democratic plan to undermine a possible Republican victory have already begun to emerge. After 4:00 a.m. on Wednesday, amid general confusion about the state of the election, Newsweek reporter and Gore partisan Jonathan Alter appeared on NBC to sketch the details of what the vice president's supporters might do in the event a recount showed Bush to be the winner in Florida, and thus in the Electoral College. Judging from Alter's analysis, some of those supporters appear willing to spark a full-scale political crisis rather than accept the constitutionally-mandated results of the election.
The plan is based on the popular vote. If Gore does indeed win a greater number of votes nationwide than Bush, Alter suggested, then the vice president would challenge the Florida recount in court -- over and over again, if necessary. The Democrats' intent would be to tie the Florida results up in endless litigation, and in the process try to convince the public that no recount can be completely accurate, and that the final Florida result, should it declare Bush the winner, cannot be trusted.
At the same time they make that case, Gore's partisans will point to the popular vote and make the argument that, given the allegedly murky nature of the Florida results, the election should go to the winner of the popular vote. After all, they will argue, he is the choice of a majority of Americans. That would be the beginning of an intense effort -- aided, no doubt, by the White House public relations machine -- to create public pressure on Bush to concede victory to Gore.
Of course, it's all grossly unconstitutional. This election, as all others, is governed by the constitutional provisions governing the Electoral College. The College has certainly been controversial in past elections, but it remains the instrument by which presidents are elected. If at some point the American people want to change it -- or do away with it altogether -- they are free to support a constitutional amendment that would take effect with the next presidential election.
But there remains the issue of what to do now. Would Gore really fight to the death -- and poison the process as a result? According to a variety of news reports, in the call retracting his original concession, Gore told Bush that he would concede again if the results of the Florida recount confirmed Bush's victory. Now, with his popular vote lead stretching beyond 200,000 votes, look for Gore's supporters to attempt to de-legitimize the Electoral College results and come up with their own creative solution for picking the next president.
Byron York is The American Spectator's senior writer. (Posted 11/8/00)
------------------
"Get yourself a Pistolet Makarova and lose that pricey western gadget."