thanks.
The Electoral Count Act of 1887 was created because of 1876 and interestingly enough, didn’t include a section for an electoral commission. Instead, they had the “objections” process.
There was no precedent for VP Pence to create a commission. He could have asked Congress for it,(They created it for 1876 and probably could have done so again) but didn’t.
Course, trying the 2nd Impeachment of an out-of-office Pres. Trump and without the Chief Justice of the United States presiding, sure seemed unconsitutional...but nobody stepped up. The Senate could have “not received” the House managers, but Senate had changed hands and that wasn’t going to happen.
The Consitution sure seems to get ignored...a lot.
There was no precedent for VP Pence to create a commission.
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There was no precedent for VP Pence to cede America to China, but he set the precedent.
There are disagreements among constitutional scholars as to the constituionality of Jan 6 options which I don’t see repeating here as neither are such scholars. So I wills say the ‘science is not settled’.
But the spirit of our laws and Constitution was never to rubber stamp obvious election theft by our enemies, and that is what Pence defended, and still defends as his right to do. None of that ‘defend and protect from all enemies foreign and domestic’ for him.