ballots in the most heavily Democratic precincts of Miami-Dade County would be counted, but only undervotes would be recounted in the remaining precincts, which included heavily Republican neighborhoods of Cuban-Americans. Gore supporters say conservatives should fault the U.S. Supreme Court for judicial activism. But the court's act of restraining the unconstitutional activism of Florida's Supreme Court was strict construction of the Constitution, not judicial activism. The mantra of some Gore supporters is that President Bush was ``selected, not elected.'' But from the moment that Gore's litigation achieved its aim of triggering the activism of Florida's Supreme Court, the country was condemned to a process in which finality would be enforced by that court or the U.S. Supreme Court. Gore could have become president only if a seven-justice majority of the U.S. Supreme Court had flinched from finding constitutional infirmity in rules made up on the fly by Florida's court. That is, Gore could have become president only by being selected by the Florida court's improvisations that supplanted statutes--improvisations that even included ordering the review of certified results from counties whose results had not been contested, and which were not parties to the litigation. Gore bears the burden of demonstrating why superior legitimacy would have attached to the result that Florida's court strained to achieve than to the result the U.S. court sealed.