Five Card Stud

[Myron Moskovitz]

Why don't Gore & Bush simply agree to flip The Great Seal of the U.S.?



-----Original Message-----
From: Discussion list for con law professors
[mailto:CONLAWPROF at listserv.ucla.edu]On Behalf Of Safranek, Stephen
Sent: Wednesday, November 15, 2000 7:36 AM
To: CONLAWPROF at listserv.ucla.edu
Subject: Re: Five Card Stud



If the New Mexico race ended dead even, state law provides for resolution by
a game of chance agreed upon by the candidates. (There must be similar
schemes in some other states while other states may push the issue to
another governmental actor).Poker has been the route chosen in the past.
Assume that New Mexico will decide the President of the United States.

1. Is the New Mexico law constitutional or better yet unconstitutional?

2. If it is constitutional, doesn't that argue for finality over rationality
or is chance a rational way of resolving who is President? (it seems that a
revote is more rational than a game of chance and a revote of Florida [with
better antifraud measures] would be more rational than the current ballots
we have in Florida that will never be accurate given the slim differences
between the candidates).