Deleted.
In addition, this is one of those things that practically defines the term “Constitutional Crisis” in our system: Just because our Constitution is largely written down (as compared to the UK’s) doesn’t mean everything is set down in writing. The idea of the Electoral College being a proxy for the popular vote (more or less) is so ingrained I doubt the system could survive a decision that disregarded that interpretation, regardless of what an absolutely strict reading of the text of the Constitution could support.
On the other hand, it does recognize a right of the people to vote in such elections. That right could be abridged by means other than a poll tax, but the default should probably be to assume that it’s not abridged.
[quote=“jtgain, post:13, topic:475712”]
Then McCain would be President.
[QUOTE]
No, Congress would just refuse to accept/Certifiy the count, and would send it back, by which time the old electors would be in jail (or at least not Electors) and ther’d be a new slate.
Sure, a Faithless Elector can usually get away with tossing off a protest vote as long as it doesn’t change anything.
On what do you base that scenario, DrDeth?
Which part?
Let’s start with where you said Congress would refuse to accept the count. Then you can move onto the Electors being in jail.