I don’t agree necessarily agree with that. If you go back through U.S. history it wasn’t all that uncommon for presidential elections to end up in Congress because of Electoral College issues. We’ve grown accustomed to “normal” elections only because we now have a two-party system where it is almost impossible for a third-party candidate to win even a single state — let alone enough states to prevent another candidate from getting a majority of the electoral votes.
Idon’t think Congress has the authority to determine that case. It wasn’t a case of nobody getting a majority of the electoral votes. It was a case of who had the authority to decide what electors would vote for Florida. The Constitution places that squarely in the Florida legislature. If the supremes did not decide this case, the recounts would have continued well past inauguration day. The Florida Sec State would have certified a result, and if it was for Bush, the Florida supremes would have over-ruled her, and there would be another recount. This could have gone on forever.