Gore is the democratic victor. The best argument for recognizing this residual discretion in the electors is that they are human beings. One could have a system in which the electoral votes of the certified victor automatically went to the winner, but that is not our system. They are not simply honored yea-sayers. Those arguing for electoral freedom sometimes claim that because the electors can get away with betraying their pledges, it follows that they may permissibly vote their consciences.
Juries can disregard judicial instructions and avoid sanctions for their act of disobedience.
It does not follow that they have a right to make the law up themselves. The closest analogy in our structure of government is the trial jury, which interposes the judgment of common people as a restraint on the official application of the law. In the early days of our system, both electors and juries enjoyed more freedom of judgment than they have now. The method of election underwent a profound change in 1803 with the intruduction of the 12th Amendment. Under the original system of voting, the person who came in second was vice president.