[steveegg]

That would be Article II, Section 1 ("Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.")

[Iron Eagle]

I agree that Article II, Section 1 was implicated in Bush v. Gore, but that is not the argument of which I speak. And, that is not the concurrence of which I speak.