WASHINGTON, D.C. — A growing number of Congressional Democrats are reportedly bandying about an idea to ask the Supreme Court of the United States to issue an opinion that has never had to have been asked of the high court before. That question? Should presidents have the right to start world wars during impeached election years.
During the 2016 presidential election, Senate Majority Leader Mitch McConnell (R-KY) told then-President Barack Obama that Merrick Garland — the man he nominated to replace deceased Supreme Court Justice Antonin Scalia — would not receive so much as a hearing. The Constitution clearly spells out that it is the right of the president to nominate Supreme Court judges, and that the Senate has a role to “advise and consent,” which historically has meant that even nominees that are eventually not confirmed will get their full confirmation hearing. McConnell cited a non-existent constitutional precedent of the process taking place in an election year as his reasoning, and simply ran out the clock on Obama and Garland.
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Now, Democrats in Congress are tossing around the idea of having the Supreme Court, which maintains a conservative majority, whether or not presidents have the right to start world wars when the country is an election year that features a president who has been impeached. Donald Trump is just the third such president to ever face a formal impeachment trial in the Senate. He would be the first and only man to face re-election if he’s acquitted, which most expect Senate Republicans to do once they begin the trial.
“Look, if McConnell can say an election year precludes any president from naming Supreme Court replacements,” on Democratic staffer told us, “then it’s fair game for us to ask if the same rule would apply to impeachment election year world wars. We’re just seeking some clarification from the courts, before we figure out where we’re headed next.”
Democrats understand with the Supreme Court’s current ideological makeup the odds aren’t on their side for a favorable judgment. The thought, though, is that perhaps if the justices side with Trump, it’ll encourage voter turnout this fall, spurring angry moderates and liberals on. It’s less about getting the outcome they hope for out of the courts than it is getting an outcome they desperately need to flip the Senate.
“By the time the election rolls around, McConnell and the Republicans in the Senate will likely have already swept the articles of impeachment under the rug,” another source told us. “However, nothing precludes us from passing new articles based on additional evidence, or evidence of new high crimes and misdemeanors. If we’re able to get people fired up enough to vote in large enough numbers to help us flip the Senate, even if Trump wins in November, we could pass more articles in the House, and then have a majority in the Senate.”
But even if they flip the Senate, Democrats would still likely have a very high bar set in order to obtain a conviction. The Constitution says there must be two-thirds, or 67 senators in total, willing to vote to remove Trump from office. Even if they retake the Senate, it’s unlikely their margin of majority would be quite so large that they wouldn’t need a substantial number of Republicans to join them.
“Perhaps in less bleak times we’d have more options in front of us. But thanks to the Electoral College, dark money in our elections, and the Republican Party’s complete abandonment of its principles in order to defend a racist conman’s presidency, this is what we’ve got,” yet another Democrat staffer told us. “Of course it’s a longshot. And hopefully it’s really true that Iran has backed down for now, but believing that would mean I’d have to start believing things that lumpy orange tub of shit says, and well, let me ask you…are you willing to believe what he says? I didn’t think so.”
The White House has threatened to drone strike the DNC headquarters in retaliation.
“Bill Barr says I can do it,” Trump shouted as he got into a helicopter to take him to the golf course. “BILL BARR SAYS I CAN DOOOOOOOOOOOOO ITTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT!”
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Writer/comedian James Schlarmann is the founder of The Political Garbage Chute and his work has been featured on The Huffington Post. You can follow James on Facebook, Spotify, and Instagram, but not Twitter because Twitter is a cesspool.
