The Constitution mandates that power over elections is vested in the States. In general this was both a check on Federal power and a tool of “discernment”; Hamilton insisted it would mostly result in candidates with broad appeal.

The States report election results to the Congress, where the President of the Senate tabulates the result. This is somewhat a vestige of the time when it took weeks for an envelope to get from Maine to Washington.

Article II, Section 1, Clause 3 says the President of the Senate “shall...open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President…”

Nowhere is the President of the Senate granted power of interpretation or judgment over election results.

The Constitution is often used as cudgel. Everybody likes to claim they’re on its side, or it on theirs. But occasionally it’s a prism that reveals exactly where people stand.

President Grant said it more concisely but we now have people who believe in the Constitution vs. those who want to tear it up when it doesn’t suit their needs. The latter crowd will fail today, but they will unleash things that are difficult if not impossible to take back.