There were several "fair, valid recount[s]." According to any reasonable standard, George Bush still won. No one was disenfranchised. Gore did try to disenfranchise the majority of Floridians who voted for Bush, but as you well know, he was ultimately unsuccessful.
I'm not sure what the problem is with the electoral college. It seems to work out pretty well in my estimation. The electoral college is just about the only way for small states like mine to be relevant. Otherwise, you'd see presidential campaigns almost exclusively fought in the top 10 cities rather than in each of the 50 states.
As far as deciding something before election day, the Supreme Court is not in the business of issuing advisory opinions. You have to have an Article III Case or Controversy. The issue is not yet ripe for decision. Only if McCain wins the general election does this ever become an issue.
If it becomes an issue, I stand by my proposition that there's no way in heck you'll get 5 of the current justices to give the passage such a construction that it'd do away with the McCain presidency.
__________________
SN -SINCE 1869-
"EXCELLING WITH HONOR"
S N E T T
Mu Tau 5, Central Oklahoma
|