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Since this "new law" had not been directed by the Florida legislature, it violated Article II. Bush argued, however, that Article II gives the federal judiciary the power to interpret state election law for itself to ensure that the intent of the state legislature is followed. Gore argued that Article II presupposes judicial review and interpretation of state statutes, and that the Florida Supreme Court did nothing more than exercise the routine principles of statutory construction in order to reach its decision...
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Bush argued, however, that Article II gives the federal judiciary the power to interpret state election law for itself to ensure that the intent of the state legislature is followed. Gore argued that Article II presupposes judicial review and interpretation of state statutes, and that the Florida Supreme Court did nothing more than exercise the routine principles of statutory construction in order to reach its decision...
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