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It goes to the House, whose members "elect" the next president.


So if it ends up being a 269 split, Obama becomes president.


Presumably. If I understand the rules correctly, it works out that one state=one vote. Which, taking party affiliations out of the equation (which can't be done, but it's fun to play make-believe), will yield some complications--do the representatives of the state go with the popular vote, or the popular vote in their state? I would imagine that McCain will win more states, but it's still an odd thought that, say, the 12 people in North Dakota and Wyoming combined would be represented so disproporionately--as opposed to more popular states--but it's possible.


If the election is close, I say give it to Scalia and Thomas again, since they did such a bang-up job the last time of both making a decision that balanced their twin loves of the Constitiution and states' rights and picking the best man for the job.



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