John,

My understanding is that this is code but has never been tested in a case. 1877 is when I believe it was enacted and as a direct result of the Tilden v Hayes electoral college fight.

Here's a link for anyone that would like to read up on it: http://www.ripon.edu/academics/PoGo/Presidency/hayes/Election'76.html

>I think it is the United States Code - not a case. Often, the words get jumbled together. One thing to keep in mind is that many of the talking heads are not lawyers - and therefore, confuse terms of art. It is like a non-developer trying to converse with you on developer terms. Tim Russert is good. Then again, he is a lawyer.
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>The best lawyer I have seen through this whole mess is John Shubin on MSNBC. While all the non-lawyer's - and even some lawyers are rushing to the TV to give their spin on what a specific statute means or how a court ruled, he has always said that you have to wait until you get the full text and read the full text. Alot of lay people - more often than not - will look at legal writing and court opinions and go to the parts they think matter, start reading, and then conclude. This of course is a big mistake. You must read the whole opinion so that you may get to what the holding of the court is.
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>< JVP >