1) No, because you were appointed by someone unelected. A portion of Congress is directly elected because they're 2nd place finishers, and the rest are appointed by democratically elected people, unlike you.
2) Still struggling to understand democracy I see. Using your logic, if a referendum were to be held, the losing side would win. For example, a majority of British people voted to leave the European Union in the Brexit referendum. But using your logic the UK would remain because under your bizarre system whoever wins the least votes makes the decisions.