Bush v. Gore in the context of "Fourteenth Amendment to the U.S. Constitution"

George Walker Bush (born July 6, 1946) is an American politician, businessman, and former U.S. Air Force officer who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party and the eldest son of the 41st president, George H. W. Bush, he served as the 46th governor of Texas from 1995 to 2000.

Born into the prominent Bush family in New Haven, Connecticut, Bush flew warplanes in the Texas Air National Guard in his twenties. After graduating from Harvard Business School in 1975, he worked in the oil industry. He later co-owned the Major League Baseball team Texas Rangers before being elected governor of Texas in 1994. As governor, Bush successfully sponsored legislation for tort reform, increased education funding, set higher standards for schools, and reformed the criminal justice system. He also helped make Texas the leading producer of wind-generated electricity in the United States. In the 2000 presidential election, he won over Democratic incumbent vice president Al Gore while losing the popular vote after a narrow and contested Electoral College win, which involved a Supreme Court decision to stop a recount in Florida.

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its enactment was bitterly contested. States of the defeated Confederacy were required to ratify it to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, such as Brown v. Board of Education (1954; prohibiting racial segregation in public schools), Loving v. Virginia (1967; ending interracial marriage bans), Roe v. Wade (1973; recognizing federal right to abortion until overturned in 2022), Bush v. Gore (2000; settling 2000 presidential election), Obergefell v. Hodges (2015; extending right to marry to same-sex couples), and Students for Fair Admissions v. Harvard (2023; prohibiting affirmative action in most college admissions).

The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship, superseding the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Privileges or Immunities Clause was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as the freedom of movement. The Due Process Clause builds on the Fifth Amendment to prohibit all levels of government from depriving people of life, liberty, or property without substantive and procedural due process. Additionally, the Due Process Clause supports the incorporation doctrine, by which portions of the Bill of Rights have been applied to the states. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction.

The 2000 United States presidential election recount in Florida was a period of vote recounting in Florida that occurred during the weeks after Election Day in the 2000 United States presidential election between George W. Bush and Al Gore. The Florida vote was ultimately settled in Bush's favor by a margin of 537 votes out of 5,963,110 cast when the U.S. Supreme Court, in Bush v. Gore, stopped a recount that had been initiated upon a ruling by the Florida Supreme Court. Bush's win in Florida gave him a majority of votes in the Electoral College and victory in the presidential election.

The presidential transition of George W. Bush took place following the 2000 United States presidential election. It started after Bush was declared the victor of the election on December 12, 2000, when the Bush v. Gore decision by the Supreme Court halted the election recount in Florida, making Bush the victor in that state. The decision delivered him the state's 25 electoral votes, thus giving him a total of 271 electoral votes. This was one more vote than the 270 needed to win the presidency outright, making him president-elect.

Due to the recount effort and litigation between Bush and his presidential opponent Al Gore leaving the outcome of the election unclear until December 12, 2000, Bush's official transition was abbreviated, at just 39 days. The transition was chaired by vice president-elect Dick Cheney.

Al Gore served as the 45th vice president of the United States during the presidency of Bill Clinton from January 20, 1993, to January 20, 2001. Gore, a member of the Democratic Party who previously served as the junior U.S. senator representing Tennessee from 1985 to 1993, was selected as Clinton's running mate and took office following their victory in the 1992 presidential election over Republican incumbent president George H. W. Bush and vice president Dan Quayle. Four years later, in the 1996 presidential election, they defeated Republican nominees, Bob Dole and Jack Kemp, to win re-election.

Alongside Gore's vice presidency, the Democratic Party also held their majorities in the House of Representatives and the Senate during the 103rd U.S. Congress following the 1992 elections, attained an overall federal government trifecta. Near the end of his tenure, Gore ran for president as the Democratic nominee in the 2000 presidential election and selected junior Connecticut senator Joe Lieberman as his running mate. They lost the 2000 election to the Republican ticket of Texas governor George W. Bush and his running mate, former U.S. secretary of defense Dick Cheney following the controversial Bush v. Gore Supreme Court decision. As vice president in his capacity as the president of the Senate, Gore oversaw the certification of Bush and Cheney as the winners of the election on January 6, 2001. Clinton and Gore were succeeded in office by Bush and Cheney on January 20, 2001.

The 2000 United States presidential election in Florida took place on November 7, 2000, as part of the nationwide presidential election. Florida, a swing state, had a major recount dispute that took center stage in the election. The outcome of the 2000 United States presidential election was not known for more than a month after balloting because of the extended process of counting and recounting Florida's presidential ballots. State results tallied on election night gave 246 electoral votes to Republican nominee Texas Governor George W. Bush and 255 to Democratic nominee Vice President Al Gore, with New Mexico (5), Oregon (7), and Florida (25) too close to call that evening. Gore won New Mexico and Oregon over the following few days, but the result in Florida was decisive, regardless of how those two states had voted.

After an intense recount process and the United States Supreme Court's decision in Bush v. Gore, Bush won Florida's electoral votes by a margin of only 537 votes out of almost six million cast (0.009%) and, as a result, became the president-elect. The process was extremely divisive and led to calls for electoral reform in Florida. If Gore had been declared the winner, he would have won the election with a total of 292 electoral votes. Post-election analysis has found that Palm Beach County's butterfly ballot misdirected over 2,000 votes from Gore to third-party candidate Pat Buchanan, tipping Florida—and the election—to Bush.