Certifying a presidential election is only one of the duties assigned the legislative branch by Article I of the Constitution. One of the other duties is enactment of legislation. In both instances, a detailed procedure is set out with an outcome that is final with no provision for review or nullification. Despite no constitutional provision, in the case of legislation we have long accepted that the Judiciary has the power to review and if sufficient grounds discovered, to modify or set aside final acts by Congress. When we look for precedent in this case we are wrong to confine our search just to other fraudulent Presidential elections. We should instead look at the the full range of duties under Article I and whether there is precedent for correcting otherwise final actions by the legislature. There are clearly many instances of acts of Congress being set aside for far less reasons than massive fraud. We can also find many instances of otherwise final acts of both the Executive and Judicial branch being set aside when found improper.
Certifying a presidential election is only one of the duties assigned the legislative branch by Article I of the Constitution. One of the other duties is enactment of legislation. In both instances, a detailed procedure is set out with an outcome that is final with no provision for review or nullification. Despite no constitutional provision, in the case of legislation we have long accepted that the Judiciary has the power to review and if sufficient grounds discovered, to modify or set aside final acts by Congress. When we look for precedent in this case we are wrong to confine our search just to other fraudulent Presidential elections. We should instead look at the the full range of duties under Article I and whether there is precedent for correcting otherwise final actions by the legislature. There are clearly many instances of acts of Congress being set aside for far less reasons than massive fraud. We can also find many instances of otherwise final acts of both the Executive and Judicial branch being set aside when found improper.