General Discussion
In reply to the discussion: Bernie: Congress Must Codify Roe v. Wade 'NOW' [View all]Joenobody
(90 posts)It is clearly the legislative branch directing how the legislative branch must work to certify electoral vote counts that's not even debatable. The electoral count act, specifically, outline the procedures to count, accept, and challenge electoral votes from states in the US congress.
The Constitution says that congress must count the votes, it does not say how, that being left up to congress to decide on their own.
However, each congress does not set these rules themselves. They are set by a law which is held as constitutional, despite it establishing rules in both chambers.
Nothing you posted changes the fact that there is a law on the books, and observed every 4 years, in which the 49th congress set in law the procedures followed by every congress since.
As long as that is true, there is not reason to believe that other laws establishing rules that either house must follow could be established.