Time to draw a line in the sand on Republican traitors

Before the election in a number of posts I said that the time between Election Day and Biden’s inauguration would be one of the most challenging constitutionally for our country we’ve ever experience. I outlined many scenarios on how it could play out which I placed in many posts. There were too many variables in the election to know precisely how it would play out, but so far, I at least feel vindicated in my general assessment of this interregnum – not that it was too hard to figure out.

We are amidst the curse of living in interesting times. One of the challenges though of times like today is to figure out how to successfully navigate them so that better times (rather than chaos) lay ahead.

I figured we’d be in the streets at the moment, but right now it’s Trump supporters who are in the streets … and in the courts. Thousands of Trump supporters are in the streets of Washington, D.C. as I write, shouting for four more years of Donald Trump. It’s their constitutional right to protest and providing their protesting doesn’t lead to violence they should vent their spleens. They are protesting because they believe that Trump’s loss was stolen from them, even though after fifty lawsuits not one of them has produced any evidence that judges could accept. Just yesterday the U.S. Supreme Court in a unanimous decision seemed to put an end to it all, refusing to hear a case from Texas asking the court to overturn the results in four key states that voted for Joe Biden.

But of course, that won’t quite be the end of it. Monday the Electoral College votes in the fifty states plus the District of Columbia and certifies their electors. One of my fears is that Trump would put the U.S. military around some of these state capitols to keep the electors from doing just this. We’ll see if this happens. But it’s likely when Congress opens the votes on January 6, 2021 there will be objectors. This ain’t over until it’s over. Like Nixon’s helicopter scene, we won’t really know Biden is president until he is sworn in and a military attaché with the nation’s nuclear codes is by Biden’s side.

But it probably won’t be over even after then. We don’t know yet the results of Georgia’s two senate seat elections, but it’s likely if Republicans maintain a majority of senators that Mitch McConnell will be pressed to obstruct as much of the Biden Administration’s agenda as possible, possibly including refusing to vote on most of his cabinet and other choices. Indeed, Trump is likely to try to run a shadow presidency from Mar-a-Lago or wherever he ends up. I’ve suggested it might be Russia once the lawsuits and criminal charges are filed. Trump will demand attention and it will be up to us and the media to keep granting it to him or not.

Friday’s Supreme Court decision tossing out Texas’s case, joined by more than a dozen Republican state attorneys general and 120 Republicans in Congress, proves beyond a shadow of a doubt that the bulk of Republicans don’t want democracy and would prefer an autocracy where they are in charge instead. By signing on to this suit, they publicly engaged in sedition against the United States. It is this action that I think must be challenged. An implicit line in the sand was drawn that was stepped over when Republicans joined wholeheartedly in this effort. Now another and enforceable line in the sand should be drawn: The House of Representatives should not seat any member of Congress that seditiously joined in this lawsuit.

It’s been done from time to time. My brother today reminded me that we have a great uncle who wasn’t seated in the U.S. Congress in 1869 after the Civil War because his loyalty was questioned as a Democrat. The House, like the Senate, sets its own rules and it can simply refuse to seat representatives by a majority vote. Most of these representatives are already in Congress and won reelection. All of them, like Donald Trump, swore to defend and protect the Constitution of the United States. Their actions of sedition and treachery though prove through their signatures that they didn’t live up to their sworn oaths when it mattered. So, I say, refuse to seat the whole lot of them! Let that be democracy’s line in the sand. Let that be how we rise to the moment.

It can be done. Democrats control the House, even though they lost seats, so if Democrats stay united on this it can happen. The U.S. Constitution specifically allows each house of Congress to set their own rules. The rules for the current Congress have been set, but the rules for the next Congress have not. Refuse to seat them and require that governors of the many states send interim replacements, but only those who will swear fealty to the Constitution of the United States and publicly avow that they will not subvert the will of the people expressed through the voting process.

Of course, I’m not unmindful of the backlash this would cause. It’s hard to believe that it would be much worse than what we’ve already endured. But we need to think of the future and protect the most important thing of all: our republican form of democracy and our constitution and the many laws derived from it, including our freedoms. This is no time to be weenies about our democracy. It’s a time firmly avow by taking all necessary action to ensure nothing like this can happen again. In 2024, it should be simply unthinkable because of the emotional shock that we inflict now.

The most charitable workaround would be to seat those members who publicly disavow their actions at the House podium and promise to never subvert the electoral process or our constitution again. But I wouldn’t want this. I think they should all be permanently unseated. The price of their treachery must be borne. They should feel lucky if the least that happens to them is that they never take their seats. I would hope the Justice Department would look into seeing if any criminal charges apply and if so to go after these miscreants aggressively.

Republican anarchists try to shut down the government

Seven years back, I wrote about a simple truth: that the government of Iraq was not a real government because it could not govern. It’s no less true today, with sectarian warfare in Iraq about as bad as it was when we occupied the country during the worst of it. Iraq is a country in name only.

Here’s another simple truth: a large number of Republicans currently in Congress, perhaps a majority, are anarchists. Just to make sure, I checked the definition of anarchy on merriam-webster.com:

a :  absence of government

So here is what will happen on October 1st unless Congress passes a bill to fund the government and the president signs it (or it is overridden by both houses of Congress): the government shuts down. In that event, there will be an absence of government, i.e. anarchy. Granted, not all government will shut down. “Essential services”, whatever they are defined as, keep going on although the people who carry them out will not be paid, at least not until after the shutdown ends, which could take months. The way some Republicans are talking, a shutdown lasting months is fine if that’s what it takes for the Senate and the president to stop funding the Affordable Care Act. This despite that it is a valid law largely upheld by the Supreme Court.

Here is the oath members of Congress take when they are sworn into office (emphasis is mine):

“I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God” (5 U.S.C. §3331).

If you haven’t read the U.S. Constitution lately, it says that all laws passed by Congress and signed into law (or where the president’s veto is overridden) are legal. They remain legal unless the law is repealed or a court declares all or part of a law unconstitutional. The Affordable Care Act meets these criteria. By swearing to uphold the U.S. Constitution, senators and representatives implicitly are swearing that they will uphold the laws of the land “in true faith and allegiance”. They are required to fund these laws until such time as they are overturned or amended.

By shutting down the government then, large parts of the government simply cannot govern. You’ve seen some of these in past shutdowns. What usually gets the press is when national parks are shuttered. But there are more serious issues. Not paying the military is a very serious issue: we expect the military to defend our country but will leave them and their families without income even while they risk life and limb for our country? Small business loans are not made. New drugs are not approved. The Security and Exchange Commission stops investigating securities fraud. Much of the work of the judiciary stops. And members of congress who publicly swore that they would uphold the constitution and its laws from all enemies, foreign and domestic aided and abetted this.

It’s amazing that our domestic enemies include many Republican members of Congress. By taking an oath of office, they are taking upon themselves the duty to work in good faith toward legislation to fund the government. To the extent they do not, they are being anarchists. By taking the oath of office, they are essentially required to follow the legislative process in order to fund the government. Compromise is not negotiable. It is required if that’s what it takes to “bear true faith and allegiance to the same” and it needs to finish before authority runs out for the government to execute its laws.

What is even worse is that many of these same legislators are threatening to not extend the nation’s debt ceiling unless their demands are met, putting the good credit of the government in jeopardy. Most experts believe that if default did occur, it would introduce catastrophic financial consequences for the country, likely plunging it into a recession or depression. If you were trying to kill a government, this would certainly go a long way!

It may be against their ideology, but when members of Congress take actions that shut down the government, and do so as a matter of principle because they think the government is too big or they don’t like a particular law, they are practicing anarchy. They are also being unfaithful to their oaths. Their acts are essentially treasonous. At a minimum they should be removed from office. More likely, they belong in prison.

Republicans, if you want to reduce the size of government, you have to do it the constitutional way. You have to repeal these laws. There is no shortcut, no escape clause, no Corbomite Maneuver, at least none that are constitutional. The closest escape clause is a constitutional convention, which would need two thirds of the states, because Congress is unlikely to call for a convention. Shutting down the government by refusing to fund it is not only unconstitutional; doing so violates their oaths of office and is arguably illegal and treasonous.

Republicans, why do you hate America? Why are you such lawbreakers and oath breakers? Would you break your vow with your wife for a floozy? Why would you do the same for the country you love and the flag you salute?