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In 1803 the U.S. Supreme Court held in Marbury v. Madison that in conflicts between the branches, the judicial branch has the final word. That principle applies at the state level as well. State courts regularly strike down laws passed by state legislatures and issue orders that are binding on Governors. That means that, presumptively, a ruling of the Florida Supreme Court would trump an act of the Florida legislature. But if the two branches reached an irresolvable impasse on a matter as important as a presidential election, it is probable that the U.S. Supreme Court would find a reason to come in and break the deadlock.
FINAL ARBITER
--What role will the U.S. Congress play?
The U.S. House and Senate will meet in what is usually a routine joint session on Jan. 5 or 6 to count the Electoral College vote. If the Florida results are still at issue, an 1887 law permits the House and Senate, by a majority vote in each, to throw out Florida's electors. One reading of the 12th Amendment holds that Gore would then become President: he would have a majority of the remaining electors. But another reading says the election would then be thrown to the House to decide. In that case, each state would cast one vote, determined by the U.S. Representatives from that state. A majority of the congressional delegations, 28, are Republican. If a President were chosen in this manner, the U.S. Senate would then select the Vice President. The Senate will be evenly divided, 50-50, if Democrat Maria Cantwell hangs on after this week's recount in Washington State.
The last time Congress decided a dispute between electors was in 1960, when Richard Nixon won the initial count in Hawaii and John Kennedy won the recount. But little was at stake then, since Kennedy already had the Electoral College votes he needed. Presumably, the Republican-dominated House would be inclined to select Bush. The prospect of Congress selecting the next President is odd enough. Making it even more surreal: the presiding officer at such a proceeding would be Vice President Al Gore.
--With reporting by Viveca Novak/Washington and Amanda Ripley/Tallahassee