A real constitutional crisis is well underway

I was hoping Trump’s defeat would lead to the death of the Republican Party. Obviously that didn’t happen. It is fair to say that the Republican Party is basically the Trump Party now, so in that sense it is dead. Ronald Reagan, for example, would not recognize the party, although he did much to put it on its present course. Its mission now is to echo whatever Donald Trump says and to remove if possible the few remaining Republicans who dare to criticize him. It’s unstated but obvious mission is to end democracy in the United States leaving only Republicans in charge.

Since Trump’s defeat, the party’s behavior has been truly appalling. They will leave no stone unturned in their quest to regain power, but it must be on their terms. They have tacitly conceded that they cannot win power fairly, so most of their effort is to ensure it is won unfairly.

Many of the prerequisites have been long in place, in particular the extreme right-wing bent of the federal courts. Most of their focus is on voter suppression of those they don’t want to vote. But many states are passing laws that make it impossible for election officials to do their job. Among these is to charge these officials with felonies if they send out an unsolicited absentee voter application or leave an absentee drop box unguarded. Georgia has given the state legislature permission to remove local election officials, or simply to overturn the results of the popular vote for the presidency if they don’t like the outcome. None of these actions are in the democratic spirit, but are signs of desperation for a party for whom losing power fairly is no longer an option.

January 6 should have been the acme of their awfulness. Now it appears to be the first true skirmish of our next civil war, like lobbing the first cannon ball at Fort Sumner. They appear willing to kill democracy to save it for themselves. Basically, it’s a party of traitors. Now the rest of us have to figure out what to do about it.

Legislatively, the answer is H.R. 1, the For the People Act. It would prohibit exactly the sorts of legislative excesses we are now seeing, including gerrymandering and voter suppression. Getting it enacted into law though is a very tough job for Democrats. It currently would need to pass cloture in the Senate, which means it would require sixty votes to end debate on it and bring it to a vote. With a 50/50 Senate, that won’t happen unless Democrats either find the spine to end the filibuster rule or make an exception in this case. Without it, the likelihood is that Republican election law changes in many states will give the party the wins they need to retake the House in 2022.

These other laws tilt the 2024 presidential election in their favor too, even more than it already is. Assuming President Biden runs for reelection, he would need a commanding victory. So far at least with his popularity at 62%, that at least seems plausible. Of course, a lot can happen in the interim, and you can count on Republicans in Congress to do just this. Senate Minority Leader Mitch McConnell has said his focus is just to obstruct every Biden initiative.

None of this matters if you rig the system. If Republicans regain their House majority, the next January 6 (actually January 8, 2025) won’t require an insurrection for Republicans to get a Republican president regardless of the Electoral College vote. They simply have to stand united and refuse to certify the results, which then allows the House to decide who the next president will be. In this scenario, the representatives of each state cast one vote as a bloc, so if a majority of states have a majority of Republicans representing them in the U.S. House of Representatives, they get to overturn the Electoral College and the popular vote.

As for presidential elections in 2028, 2032 etc., simply repeat. This is clearly where the party is going. They don’t intend to ever lose again and if it kills democracy in the process, so be it.

To change the way a president is selected would require a constitutional amendment. Good luck getting that passed by three-quarters of the states. There is some hope if the National Popular Vote Interstate Compact get passed by enough states, but that has stalled in recent years. Perhaps Democrats should focus their effort there.

In short, this is a four-alarm fire for our democracy. If we weren’t in a constitutional crisis before, clearly we are now. Fixing the problem looks increasingly unlikely.