Also, perhaps they just didn’t think of it. The Constitution’s clear that the VP is President of the Senate. The essence of being President (of anything) is to preside over it. And that’s exactly how it was done until 1937 (per official Senate history linked in the article).
I visualize @KamalaHarris taking gavel, recognizing 2 pre-arranged senators to move and second frozen House bills to the floor, then te-delegating to the Senate MINORITY leader to continue business. Mitch might then come hat in hand with a deal to get his presiding power back.
Or he might suck it up. Or he might sue. But as addressed in the article, that suit will fail. SCOTUS likely won’t even give it a hearing due to separation of powers.
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THREAD: a point worth addressing is "how would/should VP respond if GOP retained its majority, then voted to suspend/amend a Senate Rule depriving the presiding officer of power." Paragraph 6 of the article wasn't as strong as it could have been, on that point.
The problem with that attack is encapsulated in the Senate's official history (cited graf 7) - senate.gov/artandhistory/…
The Senate's official history on its dot.gov site recounts the Constitutional fact that the majority leader's presiding powers are derivative.
A power informally delegated by the VP can be taken back, so the Senate history accurately describes the majority leader as "an emperor without clothes." So, if the VP used presiding power to give priority to a senator moving a House-passed bill to the floor, and . . .
I hear talk about "sedition," which is a criminal offense prosecuted only by prosecutors who choose to do so.
Query who might have standing to sue under related CIVIL statute 5 USC 7311 "Loyalty and Striking."
Sec. 7311 is mostly known as the anti-federal-strike statute, because it prohibits labor strikes against the federal government. But it also bars any person who "advocates the overthrow of our constitutional form of government" from holding a position in the US government.
I'd argue Trump's approaches to various governors and officials, demanding they discard the duly chosen electors and replace them with a slate friendly to Trump, are square within the definition of "advocacy of overthrow."
Really simple. How many South Koreans lost their jobs? Zero. Bc their government swiftly implemented widespread testing, followed by contact tracing and complete isolation.
And South Korea ensured that ppl who had to stay home were compensated, and ensured that the quarantines were real and not some heh-heh-if-you’re-white-you-don’t-hafta joke.
The South Korean government wore masks to show ppl the risk was real and important, in contrast to Trump who mocked masks and mask-wearers, and taunted safer state governments to “liberate!”
While looking at campaign tactics, and trying to predict what the Berners will do next, I keep coming back to “accelerationism.” It’s the naive belief that change will come faster if we destroy our government and start over.
Yes, change will come.
But not the change we want.
Name a time when a revolution destroyed a constitutional democratic republic, and replaced it with another, better constitutional democratic republic.
I’ll wait.
(That’s not what happens. Authoritarianism results from revolutions against democracy.)
“But wait - didn’t America start from a revolution?”
Of course. But it was a revolution to overthrow authoritarianism and replace it with infant-form democracy.
Revolutions that overthrow democracies don’t create new democracies.