Don’t forget, there has already been a certified, legal election and a panel of electors has been chosen. Here is Article II, Section 1, Clause 4 of the U.S. Constitution?
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
You understand that, right? Constitutionally, each of our fifty state’s panels of electors is required to vote on the same day. What day are the votes given?
The following information was taken from this link.
http://www.archives.gov/federal-register/electoral-college/faq.html#process
The electors meet in each State on the first Monday after the second Wednesday in December. A majority of 270 electoral votes is required to elect the President and Vice President. No Constitutional provision or Federal law requires electors to vote in accordance with the popular vote in their State.
Remember this also, no law in the Constitution can be found Unconstitutional. Only an amendment to the Constitution can change the Constitution. See Article 5 for the prescribed methods of Constitutional amendments. Team Gore needed a quicker solution. They have an idea. Team Gore, and their cohorts, knew, as we all do now, Article II, Section 1, Clause 2 of the U.S. Constitution. Team Gore would ask the Florida Legislature to convene an emergency session and change the manner in which the electors are chosen. After all, it is in the Constitution, right? Can you change the election laws to be retroactive? The Florida State Legislature bowed to political and public pressure and did not convene.
http://jurist.law.pitt.edu/election/electiongriffin.htm The next step was the United States Supreme Court. Both sides presented their case.