The polity cannot confer constitutional legitimacy on officials elected by unspecified means.

Evidence

I think we must distinguish between the polity in 1787 (or now) and the persons empowered by that polity to elect the President, the electoral college, or, in some circumstances, the reconstituted House. Only the persons empowered by the polity and designated by them in the Constitution can elect the President of the United States. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 294

Categorization

• DEFINE: Distinguishes the polity from the voters/electors — a core conceptual distinction driving the whole argument.
• XREF: connects to: Legitimacy can be derived from constitutional practices rather than from justifications. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 15; Forms of constitutional argument are validated by their presence in practice, not by approval — Philip Chase Bobbitt, Reflections Inspired by My Critics, 437

Broader Connections

• Legitimacy can be derived from constitutional practices rather than from justifications. #expands (0.60) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 15
• Forms of constitutional argument are validated by their presence in practice, not by approval #expands (0.55) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 437