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If the Florida Supreme Court would have ruled in favor of Bush in 2000, then would Gore have appealed this case to the U.S. Supreme Court?I would think so - because Gore wasn't about to give up until the very end. Gore is the one who insisted on a second recount after the original recount, and after the original election results - all three favored Bush, but Gore wanted more recounts.I'm not saying this to blame Gore just to point out that it would have been highly unlikely for him to go away quietly. Had the US Supreme Court decision been appealable to a higher court, such as say, a World Court of Political Justice, it's a safe bet that Gore would've gone there next.
How do you fill out the articles of organization for an LLC in Florida?Quoting Instructions for Articles of Organization (FL LLC) :FILING ONLINE OR BY MAILThese instructions are for the formation of a Florida Limited Liability Company pursuant to s.605.0201, F.S., and cover the minimum requirements for filing Articles of Organization.Your Articles of Organization may need to include additional items that specifically apply to your situation. The Division of Corporations strongly recommends that legal counsel reviews all documents prior to submission.The Division of Corporations is a ministerial filing agency. We cannot provide any legal, accounting, or tax advice.Limited Liability Company NameThe name must be distinguishable on the records of the Department of State.You should do a preliminary search by name before submitting your document.The name must include:Limited Liability Company, LLC or L.L.C.; ORChartered, Professional Limited Liability Company, P.L.L.C. or PLLC if forming a professional limited liability company.Do not use or assume the name is approved until you receive a filing acknowledgment from the Division of Corporations.Principal Place of Business AddressThe street address of the LLC’s principal office.Mailing AddressThe LLC’s mailing address, if different from the principal address. (P.O. Box is acceptable.)Registered Agent Name and AddressThe individual or legal entity that will accept service of process on behalf of the business entity is the registered agent.A business entity with an active Florida filing or registration may serve as a registered agent.An entity cannot serve as its own registered agent. However, an individual or principal associated with the business may serve as the registered agent.The registered agent must have a physical street address in Florida. (Do not list a P.O. Box address.)Registered Agent’s SignatureThe registered agent must sign the application.The signature confirms the agent is familiar with and accepts the obligations of s.605.0113(3), F.S.If a business entity is designated as the Agent, a principal (individual) of that entity must sign to accept the obligations.If filing online:The registered agent must type their name in the signature block.Pursuant to s.15.16, F.S., electronic signatures have the same legal effect as original signatures.NOTE: Typing someone’s name/signature without their permission constitutes forgery pursuant to s.831.06, F.S.Limited Liability Company PurposeA Professional Limited Liability Company (which is formed under both Chapter 605 and Chapter 621, F.S.) must enter a single specific professional purpose. Example: the practice of law, accounting services, practicing medicine, etc.Non-professional companies are not required to list a purpose, but may do so.Manager/Authorized RepresentativeThe names and street addresses of the authorized representatives or managers are optional.Manager: a person designated to perform the management functions of a manager-managed limited liability company. Use MGR.Authorized Representative: a person who is authorized to execute and file records with the Division of Corporations. Use AR. See 605.0102(8), F.S., for more information.A Manager or Authorized Representative may be an individual or business entity.Do not list members.NOTE: If you are applying for workers’ comp exemption or opening a bank account, Florida’s Division of Workers’ Compensation and your financial institution may require this information to be designated in the Department of State’s records.Effective DateAn LLC’s existence begins on the date the Division of Corporations receives and files your Articles unless your Articles of Organization specify an acceptable alternate “effective” date.LLCs can specify an effective date that is no more than five business days prior to, or 90 days after, the date the document is received by our office.If you are forming your LLC between October 1 and December 31st, but don’t expect to transact business until the next calendar year, avoid filing an annual report form for the upcoming calendar year by listing an effective date of January http://1st.By specifying January 1st as the effective date, your LLC’s existence will not officially begin until January 1st of the following calendar year, even though your entity is already on the Division’s records.The January 1st effective date will allow you to postpone your LLC’s requirement to file an annual report form for one calendar year.SignatureMust be signed by at least one person acting as the authorized representative.If filing online: The authorized representative must type their name in the signature block. Electronic signatures have the same legal effect as original signatures.Correspondence Name and EmailPlease provide a valid email address.If filing online: The filing acknowledgment and certification (if any) will be emailed to this address.All future email communications will be sent to this address.Keep your email address up to date.Certificate of StatusYou may request a certificate of status.This item is not required.A certificate of status certifies the status and existence of the LLC and verifies the LLC has paid all fees due to this office through a certain date.Fee: $5.00 eachCertified CopyYou may request a certified copy of your Articles of Organization.This item is not required.A certified copy will include a filed stamped copy of your Articles of Organization and will verify that the copy is a true and correct copy of the document in our records.Fee: $30.00 eachAnnual Report NoticeEvery LLC is required to file an annual report to maintain an “active” status in our records.If the limited liability company fails to file the report, it will be administratively dissolved.The filing period for annual reports is January 1st to May 1st of the calendar year following the LLC’s date of filing or, if listed, its effective date.The annual report is not a financial statement.The report is used to confirm or update the entity’s information on our records.
How does the Florida recount law violate the Supreme Court’s Bush vs. Gore decision in 2000?Bush v. Gore was a one-off. The reason is because it was not supported by any legal basis, and in fact went against legal theory that can be traced as far as English Common Law. As a political rather than a legal choice by the court, it is often seen with an asterisk by its side, and rarely is discussed as having any weight.
Would the U.S. Supreme Court have allowed Florida to conduct a new recount if Al Gore, rather than George W. Bush, had been in the lead?Unlikely. The Supreme Court in Bush v Palm Beach County Canvasing Board the court had before it two questions. Did the state court decisions related to the recount violate equal protection and did the Florida Supreme Court violate Article II of th US Constitution giving power over state conduct of Federal elections. The Court unanimously sent the case to the Florida Supreme Court for clarification of the Florida Court's position on whether the Florida Constitution superseded the legislatures power and how much consideration that court gave to 3 USC 5. After the Florida Supreme Court responded the US Supreme Court ruled in Bush v Gore. Seven of the nine justices held that the varied recount methods in Florida counties violated the Equal Protection clause. Court heard arguments December 11 and issued the decision the next day. That day (December 12) is critical because under 3 USC 5 that was the day Florida had to resolve any controversy resolving the selection of electors. Five Justices held that Florida was out of time to create a new method, two favored resuming the recounts, two favored remanding for Florida's Supreme Court to create a uniform method of recount. Given the 7 justices agreed the process violated the Equal Protection clause and a failure to complete the recount the 12th would mean the Florida electors would be subject to challenge by Congress the result likely wouldn't have changed.
What are the implications of a Supreme Court decision in U.S. Department of Health and Human Services v. Florida?If the law is found to be unconstitutional:A cloud with a silver lining for ObamaIf the Court finds that all or part of the health care reform act violates the constitution, it will represent a stark rejection for the President and a vindication for Republicans.In the context of the presidential campaign, this rebuke, while embarrassing to the President and damaging to his legacy, might provide an opportunity to energize the Democratic base against an “activist,” right wing Supreme Court seeking to undo the will of the people’s democratically-elected representatives. Indeed, Obama may be heartened by President Franklin Roosevelt’s landslide reelection in 1936 after the Supreme Court declared a number of his New Deal initiatives unconstitutional -- although, the health care reform act is not as popular as the New Deal measures were.Relief for RomneyA finding that the health care act is unconstitutional would benefit the presumed Republican nominee Mitt Romney. As his Republican opponents never tire of noting on the campaign trail, Romney is an uneasy standard-bearer for opposition to “Obamacare” given its similarities to the individual mandate-based health care initiative he signed while Governor of Massachusetts. However, if the Obama health care reform act is declared unconstitutional, Romney should have an opportunity to pivot from awkward denunciations of “Obamacare” to subjects more suited to his background and campaign message such as the economy and the federal budget.Seeking a new solution to a big problem Beyond the campaign, the demise of Obama’s plan at the Supreme Court will reignite the debate over how to solve the persistent problems of rising health care costs and the growing numbers of uninsured Americans. Republicans, who have pledged to “repeal and replace Obamacare,” will be responsible for more clearly articulating their alternatives. Democrats will likely revive previously rejected proposals such as a “public option” that would offer Americans the chance to purchase government-run health insurance or a single-payer, “Medicare for all” plan. Ironically then, the Court’s decision rejecting what many on the right perceived to be a “government takeover” may open the door for mainstream consideration of a far greater role for the federal government in the provision of health care.Opening the litigation floodgatesLegally, a finding of congressional oversignNow by the Court would invite endless rounds of litigation challenges to all but the most explicitly constitutionally-mandated federal actions and could hamstring efforts by future presidents and congresses to accomplish broad national policy objectives. If the law is found to be constitutionalFor the GOP, an energized base led by an uneasy candidateIf the health care reform act is allowed to stand however, it would represent a dispiriting loss for its opponents but could motivate them to support GOP candidates in November as they campaign on congressional repeal as the last hope for stopping “Obamacare.” Romney would be forced to lead this charge and, in the process, risk affirming the view that he is an “Etch A Sketch” candidate, ready to change his positions to suit the political climate.The Salesman-in-chief gets another chance President Obama and his supporters would obviously be heartened by a victory at the Supreme Court and might seize the opportunity to put to rest the alarmist rhetoric surrounding health care reform and try, once again, to sell their plan to a skeptical public.If the Court defers a decisionSee you in four yearsOf course, the Court could decide to punt and rule that the constitutionality of the health care reform act can not be decided until the problematic provisions have actually gone into effect. The renewed legal challenges would then start working their way through the courts three years from now and should arrive back at the Supreme Court just in time for -- you guessed it -- the 2016 presidential campaign.For a full briefing, go to: http://www.hamiltonplacestrategi...