Reply #79: State Legislature still decides [View All]

[many a good man]

The Constitution reserves the power to the Legislature of each state to determine its own rules for selecting electors.

Most states have codified this process into law. Florida's argument was that this law could not be interpreted/enforced by the state judiciary. The argument was that this would be imposing on the State Legislature, the only body permitted by the Constitution to determine the voting method.

In the House each state's delegation would vote for president. The winner would get one vote from that state. Whoever gets 51 votes in this way is the next President.