Editing Bush v. Gore (section)

===Article II===
Bush argued that the Florida Supreme Court's ruling violated [[Article Two of the United States Constitution#Clause 2: Method of choosing electors|Article II, § 1, cl. 2]] of the U.S. Constitution. Essentially, Bush argued that the Florida Supreme Court's interpretation of Florida law was so erroneous that its ruling had the effect of making new law. Since this "new law" had not been enacted by the Florida legislature, it violated Article II. Bush argued that Article II gives the federal judiciary the power to interpret state election law in presidential elections to ensure that the intent of the state legislature is followed.<ref name="bushbrief2">{{cite web|url=http://www.presidency.ucsb.edu/docs/florida2000/12-10_bushbrief.pdf|title=Bush v. Gore, Brief for Petitioners|access-date=October 30, 2006|archive-date=November 2, 2006|archive-url=https://web.archive.org/web/20061102103931/http://www.presidency.ucsb.edu/docs/florida2000/12-10_bushbrief.pdf|url-status=dead}} "By rewriting that statutory scheme—thus arrogating to itself the power to decide the manner in which Florida's electors are chosen—the Florida Supreme Court substituted its judgment for that of the legislature in violation of Article II. Such a usurpation of constitutionally delegated power defies the Framers' plan." Paragraph 2 in Argument, Part I.</ref> 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 to reach its decision.<ref name="gorebrief2">{{cite web|url=http://www.presidency.ucsb.edu/docs/florida2000/12-10_gorebrief.pdf|title=Bush v. Gore, Brief of Respondent|access-date=October 30, 2006|archive-date=November 2, 2006|archive-url=https://web.archive.org/web/20061102103928/http://www.presidency.ucsb.edu/docs/florida2000/12-10_gorebrief.pdf|url-status=dead}} "Even apart from the absurd theory that McPherson requires everything relevant to a state's process for choosing electors to be packed into a specialized presidential electoral code, the very premise of petitioner's argument is fatally flawed because the Florida Legislature re-enacted the contest statute in 1999 against the settled background rule that decisions of circuit courts in contest actions are subject to appellate review." Paragraph 5 in Argument, Part I.</ref>