"As a matter of federal constitutional law, there is little basis for thinking that electors must side with their party’s candidate when that candidate carries the state. The Constitution says only that they “shall meet in their respective states and vote by ballot.” Some evidence suggests that the framers envisioned the independent judgment of electors as a check against populist passions. Alexander Hamilton, for instance, wrote that the Electoral College would allow the presidency to be decided “by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation.”
"Those who have been calling for electors to be “faithless” have thus ceded too much linguistic ground. Indeed, their terminology has things backward. If a member of the Electoral College sincerely believes that Mr. Trump is as awful as alleged, then for her to take a stand against him — with the eyes of the nation upon her and at significant personal risk — would be an act of profound constitutional fidelity. Thanks to the Republican elector Christopher Suprun of Texas, we have now seen what such fidelity looks like."
Electors as Free Agents - ''No one faithful to our history can deny that the plan originally contemplated, what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation's highest offices.'' 85 Writing in 1826, Senator Thomas Hart Benton admitted that the framers had intended electors to be men of ''superior discernment, virtue, and information,'' who would select the President ''according to their own will'' and without reference to the immediate wishes of the people.
"Electors constitutionally remain free to cast their ballots for any person they wish and occasionally they have done so. 87 A recent instance occurred when a 1968 Republican elector in North Carolina chose to cast his vote not for Richard M. Nixon, who had won a plurality in the State, but for George Wallace, the independent candidate who had won the second greatest number of votes. Members of both the House of Representatives and of the Senate objected to counting that vote for Mr. Wallace and insisted that it should be counted for Mr. Nixon, but both bodies decided to count the vote as cast. 88
"The power of either Congress 89 or of the States to enact legislation binding electors to vote for the candidate of the party on the ticket of which they run has been the subject of much argument. 90 It remains unsettled and the Supreme Court has touched on the issue only once and then tangentially."
So the final chapter of the 2016 Presidential Election will be written on Monday, December 19. This represents the last legal chance to stop Trump before Inauguration Day.