<< Gore, leading the electoral vote outside of Florida, should be declared the winner. >>
Then -
<< Actually Bryan throwing out Florida would not be rewriting the constitution. Most legal precedents say that when there is a dispute over elections and it seems impossible to certify that the result or the ballots were the will of the people you have to throw them out. >>
OBVIOUSLY you have never taken a gov't class. The constitution says that the winner of the election is the candidate with the MAJORITY OF THE ELECTORAL VOTES.
SHOULD NO CANDIDATE RECEIVE THE MAJORITY OF THE ELECTORAL VOTES, the race is decided hy the House of Representatives. In this case, we have a Republican house.
You throw out the Florida election results, and you throw it into the House, which is very partisan, moreso than the senate. Then Bush would win.
Precident: 1824 election. Andrew Jackson gets the majority of the popular vote, but between him, John Q. Adams, and Henry Clay, and one other guy, no one gets the majority of the electoral votes. Clay, getting the fewest popular votes, is thrown out of the race in the house. As he was Speaker at the time (I believe...) he then used his power to get John Adams elected president, just because he hated Clay's views so much esp. on states rights.
References: US Constitution, Article II, section 1, clause 2, paragraph 2.