Grim constitutional issues regarding recounts [View All]

[Her Blondness]

As we know from Civics 101, the U.S. Constitution makes no provision for a popular vote for president.

Article II: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors. . ."

The precise "Manner" of selecting electors is directed by individual state constitutions and statutes. All state constitutions now provide for a popular vote as the manner of selecting electors.

My worry is this: even if a recount reversed the loss of a state for a candidate, a right wing court would say it was irrelevant because the U.S. constitution supersedes the state constitutions. If the electoral college convenes and votes for a president, Scalia and co. will say that all the constitutional provisions for selecting a president have been duly met.

And the supreme court will again say end of story. You are SOL. Buh-bye.