What is the proper role for Congress during the joint session held every four years to certify the results of the presidential election? [...] The winners of this election are not the presidential candidates themselves, but rather the individual members of the Electoral College. [...] The rational place to draw that line, and with the firmest grounding in the Constitution’s text and structure as well as historical practice, is that Congress must take the identity of the electors duly certified by the states as fact. [...] That means it’s ultimately up to the states and the courts, before the day when the Electoral College meets and votes, to settle any dispute about who has won the state’s popular vote and thus who has been appointed as the state’s electors. [...] The electors must meet on a certain day, which the Constitution requires to be the same throughout the United States.
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- United States of America