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Started reading Gohmert reply. First obvious error (p4): "On January 6th, a joint session of Congress will convene to formally elect the President." The joint session is NOT an election. That was on Dec. 14. The joint session simply counts Dec. 14's votes. https://www.courtlistener.com/recap/gov.uscourts.txed.203073/gov.uscourts.txed.203073.30.0.pdf
2/ The Gohmert reply is breathtaking & preposterous in claiming (p4) a Vice President can "ignore all electors" whose votes he dislikes. The Constitution never intended this monarchical power to disenfranchise Electoral College votes based on personal whim.
3/ The far better view, in my judgment, is that the Constitution's Necessary & Proper Clause empowers Congress to enact a law, like the Electoral Count Act, to implement 12th Amendment's joint session. The point of the N&P Clause was enable Congress to fill in details left open.
4/ ... The Twelfth Amendment's simple description of a special joint session of Congress for counting Electoral College votes is precisely the kind of constitutional clause that the Necessary & Proper power was designed for, to permit Congress to add specificity to the process.
5/ The Gohmert brief (p20) misquotes N&P Clause in saying that Twelfth Amendment is not a "foregoing" power. But N&P Clause applies not just to "foregoing powers" but "to all other powers vested by this Constitution in the government of the U.S." including power of joint session.
