One of the many indefensible things about Ted Cruz's behavior last Wednesday is the fact that this supposed "constitutional conservative" was pushing a plan for an electoral commission that would have been wildly unconstitutional.
The Constitution says that electors shall vote in each state, then transmit their vote certificates to Congress. Then Congress counts them. There is no provision for Congress to send the certificates back to the states for a do-over.
So even assuming this electoral commission somehow got approval from Democrats and found clear evidence Trump won the election, it's not clear what Congress could do about it. The Constitution allows for only one electoral college vote and the winner is president. End of story.
Cruz cited 1876 as a precedent, but that year rival factions in some Southern states had submitted competing electoral vote certifications. Congress could effectively choose the president by deciding which certifications to accept and count. That wasn't the situation this year.
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