In the year 2000, during the presidential election, many people had believed that Al Gore had won, only to discover in the morning that George W. Bush had been declared the winner. In fact, the election was simply too close to call. In the end it came down to one: Florida, where Bush 's younger brother, Jeb, was governor. Florida electors were unable to commit themselves to either Bush or Gore owing to the closeness of the vote. Brush fires erupted in several precincts where the candidates ' surrogates traded allegations about various improprieties. Recounts were started, then stopped as Republicans and Democrats wrangled over what standards to apply. It was more than a little chaotic.
The Supreme Court actually interposed itself into the election contest three times. Only the last two are known as Bush v. Gore. In the first of these cases, Bush v. Palm Beach County Canvassing Board, the Court hoped to end the election crisis by putting a stop to the Florida Supreme Court 's decision to extend the time for certifying the vote past the period set by state law. But by the time the
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Bush v. Gore wasn 't the Court 's first foray into the realm of king making. The Twelfth Amendment stipulates that in a contested presidential election, "The President of the Senate shall, in the presence of the Senate and the House of Representatives, open all the certificates and the votes shall then be counted." Because in 1876 Congress was equally divided between Democrats and Republicans, the Republican-controlled Senate and the Democrat-controlled House set up an electoral commission to decide who would become president. The Senate chose three Republicans and two Democrats to sit on the commission, and the House chose two Democrats and three Republicans. The remainder of the commission was to consist of five justices of the Supreme Court. The bill setting up the commission named two Republican justices and two Democratic justices, but let those four select their own nonpartisan