The United States presidential election of 1876 was one of the most disputed presidential elections in American history. Samuel J. Tilden of New York outpolled Ohio's Rutherford B. Hayes in the popular vote, and had 184 electoral votes to Hayes' 165, with 20 votes uncounted.
So 184 would be your answer!
Marbury v. Madison set the precedent of judicial review, wherein the Supreme Court has the ability to deem a congressional bill unconstitutional. Therefore, the first clause would be your best bet.
Hope I could help!
The election I see friendly nations around the world pointing fingers at our once great country and once noble leadership. I see a president who is deliberately undermining the election. I see a ruined Republican Party, exchanging love of country for position and power, displaying rank hypocrisy over the Supreme Court.