What Congress did in 1876-77, was create a special judicial Tribunal to settle the Hayes/Tilden election dispute. It was actually a correct constitutional, legal remedy, albeit it should have just gone to SCOTUS, but understandably with a Republican favored Court, it would have appeared to be quite partisan. They did the best that could have been done, expect that there should NOT have been sitting Congressmen on the Committee (Tribunal). Even though the Constitution didn't explicitly forbid legislators from being on the Committee (Tribunal), it was certainly a breach of the separation of powers. Ultimately didn't matter because it was an equal number of Republicans (controlled Senate) and Democrats (controlled House), so that was all a was and it came down to the Justices, as it really should have been. Was just Congress trying to take power for itself since there was a vacuum. Sadly, because the people tolerated it, Congress unlawfully gave itself even more unconstitutional power in 1887.

What Congress did in 1876-77, was create a special judicial Tribunal to settle the Hayes/Tilden election dispute. It was actually a correct constitutional, legal remedy, albeit it should have just gone to SCOTUS, but understandably with a Republican favored Court, it would have appeared to be quite partisan. They did the best that could have been done, expect that there should NOT have been sitting Congressmen on the Committee (Tribunal). Even though the Constitution disnt explicitly forbid legislators from being on the Committee (Tribunal), it was certainly a breach of the separation of powers. Ultimately didn't matter because it was an equal number of Republicans (controlled Senate) and Democrats (controlled House), so that was all a was and it came down to the Justices, as it really should have been. Was just Congress trying to take power for itself since there was a vacuum. Sadly, because the people tolerated it, Congress unlawfully gave itself even more unconstitutional power in 1887.

What Congress did in 1876-77, was create a special judicial Tribunal to settle the Hays/Tilden election dispute. It was actually a correct constitutional, legal remedy, albeit it should have just gone to SCOTUS, but understandably with a Republican favored Court, it would have appeared to be quite partisan. They did the best that could have been done, expect that there should NOT have been sitting Congressmen on the Committee (Tribunal). Even though the Constitution disnt explicitly forbid legislators from being on the Committee (Tribunal), it was certainly a breach of the separation of powers. Ultimately didn't matter because it was an equal number of Republicans (controlled Senate) and Democrats (controlled House), so that was all a was and it came down to the Justices, as it really should have been. Was just Congress trying to take power for itself since there was a vacuum. Sadly, because the people tolerated it, Congress unlawfully gave itself even more unconstitutional power in 1887.