September 20, 2020

A SIMPLE MATTER OF TEXTUAL CONSTRUCTION:

Fill the seat (Stephen L. Miller, September 19, 2020, Spectator USA)

The constitutional process unfolding as designed by the Framers is not a crisis -- no amount of tweets or New York Times opinion pieces can make it so. Nor can the celebrities making threats to take to the streets while never leaving their palaces; nor can antifa activists burning down businesses. Lululemon cosplayers will once more attempt to barnstorm elevators, just as they have done for the past four months in cities across the country. If you're the political side threatening violence if you don't get what you want politically, perhaps you should revisit your assertion that Mitch McConnell or the Republican party are the power-hungry fascists. If the ne'er-do-well Twitter punditocracy are looking for a scapegoat, might I suggest directing your ire toward former Senate Majority Leader Harry Reid, without whom we would not even be entertaining this 'crisis'.

The system is working as designed. Though it may have been Ginsburg's final wish to not fill her seat until after the election, it's not her call, with all due respect. Instead it falls to the people who voted for a Republican majority and a Republican president in 2016. The people threatening violence are the people without the constitution or guns on their side.

Mitch McConnell is exercising his constitutional authority, just as he did in 2016. Ultimately whether or not President Trump's coming nominee sits on the Supreme Court will be decided by a small handful of Republicans. Not Joe Biden. Not Hollywood. Not reporters on Twitter or millennial women on Instagram. On November 3, voters may choose a different path. The Constitution will endure regardless.

Happily, the Founders wrote it down,  so we know there is no constitutional reason that a Supreme Court justice should not be seated whenever the Senate approves a nominee, nor why the next Senate should not expand the Court and dispose of the filibuster.  The reason not to do all these things is prudential.  It seems an odd time for the GOP to elevate pure power over tradition at precisely the moment we're about to lose all our power nationally, but these are the guys we elected.  If they want to strip the coming Congress and Administration of all constraints we'll just live with the consequences. 

Posted by at September 20, 2020 8:09 AM

  

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