I was hardly the only one shocked and more than a little dumfounded when 47 Republican U.S. senators sent an unsolicited letter to the Grand Ayatollah of Iran, Ali Khamenei last week. The letter said that any agreement between the United States, Iran, and all those other pesky countries (including China and Russia) working to keep Iran from developing nuclear weapons could easily be abrogated by the Congress, something that is simply not true.
Perhaps I should not have been surprised. We have a Congress in full mutiny over this thing called constitutional government because it is proving to be inconvenient. They are in mutiny because they hate the guy leading the executive branch because he has the audacity not to agree with them on everything. Just a week earlier House Speaker John Boehner made good on his unilateral decision to invite Israeli Prime Minister Benjamin Netanyahu to address Congress. Hitherto foreign policy, with the exception of treaties has been the purview of the executive because, well, it’s that’s what it says in the constitution. It must be very confusing to foreign leaders. Just who speaks for the United States government? It’s pretty clear in other governments, but not in our government, not anymore.
Only it’s not just the Congress. It’s also the Alabama Supreme Court. It started when its supreme justice Roy Moore told county clerks not to marry gay and lesbian couples, this after a federal court ruled they could marry. Subsequently the entire (Republican) state supreme court backed him up. Alabama is basically telling its court clerks that its decision nullifies the federal court’s decision. This is something close to treason. At the very least it is a conscious effort to ignore the supremacy clause of the U.S. constitution. We fought a three-year civil war to resolve the issue of states’ rights. One can understand the impulse not to want to accept these rulings, but a court is never supposed to do anything that obviously conflicts with the settled and unambiguous law of our land. Alvin Toffler would say this is a classic case of future shock. It’s clear that Republicans and southern states in general aren’t doing very well in dealing with the future that has already arrived and won’t follow constitutional processes to change things they don’t like.
Still, what these 47 mutinous Republican senators did reached a new level of arrogance and stupidity. New Arkansas senator Tom Cotton initiated the letter. I had two thoughts when I considered how this letter got started. First was that Cotton hadn’t bothered to run it by staff first. If he had they would have doubtless provided a sanity check and told him that this was a really bad, potentially career-ending act, not to mention factually wrong. The other alternative is even more mind-boggling: his staff told him it was a bad idea but he proceeded anyhow.
The even crazier part is that 47 out of 54 Republican senators signed it as well. This included their majority leader Mitch McConnell and John McCain, hitherto one of the rational Republicans. This wasn’t rocket science. The letter was wrong about how our constitution works. It suggests that 47 Republicans don’t even grasp the basic workings of our foreign policy and congress’s role in it. You could both see it and hear it in Secretary of State John Kerry’s testimony. It was basically: are you really this stupid? Did you not hear the words about swearing to uphold our constitution when you took your oath of office?
Some of the signers have belatedly suggested that maybe signing it wasn’t a smart move. Editorial boards across the country were virtually unanimous in condemning what these senators did. Some of the signers of course doubled down, particularly those who seem to be angling to run for president in 2016.
None of these senators should be trusted to so much as guard a roll of pennies again. It was a potentially criminal lapse of judgment, so much so that a petition calling for them to be tried for treason has garnered hundreds of thousands of signatures on whitehouse.gov. Their hatred for all things Obama and their obsessive pandering to the worst elements of their own party overruled common sense, decency and apparently clouded over basic knowledge of our federal system and constitution. These erstwhile champions of the constitution clearly didn’t bother to read it before they signed the letter.
This is another Mission Accomplished moment, something none of these 47 senators will be able to live down. For many their states are so red it won’t make much of a difference to their jobs, but they will forever be ridiculed, insulted and scorned for their mutinous act. Like Lady Macbeth, they will never be able to remove this damned bloody spot from their careers. It’s a mark of deep shame they will carry into death, to be ever recorded in major sections of their biography. The many good things many of these senators have done are likely to be overwhelmed by this egregious, mutinous and profoundly stupid act of putting their anger and partisanship ahead of statesmanship.