Challenges of the 21st Century

AP US History· difficulty 4/5

"The recount process… is inconsistent with the minimum procedures necessary to protect the fundamental right of each voter… Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy." — Bush v. Gore, per curiam opinion, December 12, 2000

2000 Electoral Vote Bush 271 Gore 266 270 needed to win

The constitutional clause the majority invoked to halt the Florida recount was

  • A

    the Equal Protection Clause of the Fourteenth Amendment

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  • B

    the Privileges and Immunities Clause of Article IV

  • C

    the Commerce Clause of Article I

  • D

    the Free Exercise Clause of the First Amendment

Explanation

The per curiam opinion held that varying recount standards across counties violated equal protection by treating ballots unequally.

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