The Electoral Count Act of 2023 - Generally, It's a Good Thing

Congress meets in joint session, per a federal law, on January 6th, following the Casting of all State Votes via the Electoral College which happens in December. This serves to enhance Congress' acceptance of the newly elected Chief Executive.

QUESTIONS have come up about the recent Electoral Count Act, and to get my reaction to this legislation.  Should this be a law that we need to be concerned about?  Is this another example of Congress growing out of its Cage that is the Constitution? 

In general, I support this Electoral Count Act.  I was very worried about it at first, but it does keep Congress and the federal government purely in the ministerial role that they are supposed to have.

I am one of the few on our side to believe that Mike Pence (and Congress, generally) really was fairly powerless on January 6th, although I do leave room for Congress being allowed to make sure that the State Votes (Electoral Votes) they are receiving are the genuine certified Votes from each State. Otherwise, the purpose of January 6 to assemble Congress is to have all Members of Congress see with their own eyes that the President being elected really IS the President CHOSEN BY THE STATES.

By Design, Congress Plays No Role in Choosing the President

When you study in some detail the history of 1775 - 1800 and the formation of the U.S., you come to the realization that the need for some type of a national government to do some things effectively was (and remains) a huge need! 

HOWEVER, the universally-held fear in that era is that the creation of such a government for the new Federation would evolve into the very tyranny that they fought a long, bloody war to be free from. (We have today the government that they feared back then, in my opinion!)

Madison put it Eloquently

James Madison, in Federalist 51, put it most eloquently - "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself."

Madison further explained that they did that by "setting power against power, ambition against ambition" in the design. 

They set the President to be completely equal to Congress, neither above nor below in power hierarchy.  They proposed and repeatedly rejected having Congress having any say in who the CEO would be. (Similarly, the President is powerless to decide who members of Congress should be.)

The Founders were strongly AGAINST Congress or any part of the federal government playing a role in the choice of President - though Congress is given the power to fire the president for cause.  Impeachment and removal is part of the ingenious Checks and Balances they designed in!

It has ALWAYS been the STATES that Elect the President of the United STATES

I glanced through this Electoral Count Act one time 6 months ago and was relieved that Congress is staying in its ministerial role.  The Act will give the States more time to decide exactly who their Electors shall be and for whom the Electors shall cast the STATE's Votes.

When you study a LOT of the writings from that era, including the MINUTES of the Constitutional Convention in 1787, the Federalist and Anti-Federalist Papers, it becomes very clear that the Founders - and subsequently ALL 50 of our States - intentionally made sure that neither the U.S. population would choose the "Chief Magistrate" (it was Washington who later said to use the term "{resident" for the Office), NOR the CONGRESS that would elect the President!

By a Federal Law, Congress meets in a Joint Session on January 6 following the Electoral College Vote Castin in December, presided over by the incumbent Vice President who is serving in the role of President of the Senate.  The intent of this joint session is to have all members of Congress be present to be able see first hand the actual Votes cast by the STATES for President and Vice President so that they can each see for themselves that this really IS who the STATES have elected as President and VP.

That January meeting is to lay the foundation for the Legislative Branch accepting the incoming Chief Executive and Vice President.  It is NOT part of the Presidential selection process - Congress has no role, by design, in that. 

Always remember - it is the STATES that have always elected the President of the United STATES, and never the U.S. population!

It appears the new Electoral Count Act preserves that sacred responsibility and will help the States continue to do that.

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