A Constitutional Coup and Countermeasures

A COUP AGAINST THE CONSTITUTION
There is talk of the Republican leadership in the Senate using the ‘nuclear option’. This would entail having Vice President Cheney, as President of the Senate, rule that the ‘advice and consent’ authorities in the Constitution only allow and require a vote ‘yea’ or ‘nay’ on such issues. Filibustering or any other parliamentary maneuver to obstruct the vote would be ruled out.
With that ruling, the Senate would then proceed to vote based on majority rule and the Republican leadership would prevail.
This would be a constitutional crisis.
The Constitution states that “Each House may determine the Rules of its Proceedings…” But those rules are about procedures and structural organization. They do not allow for infringing on the rights of the people or the representatives of the people even though they are in the minority. A majority of Senators cannot pass a rule the defines the meaning or application of the Constitution.
The Constitution does not allow for one person, either the President of the Senate or the Senate Majority Leader to abrogate or interpret the Constitution. Interpretation of the Constitution may be the responsibility of every American, but the Supreme Court is the only body to have the authority to interpret the Constitution.
If the any party leadership is allowed to declare what the Constitution says and enforce it by majority rule, then all the Constitution is at risk.
This is a constitutional crisis.

COUNTERING THE ANTI-CONSTITUTIONAL COUP

All emphasis should be placed on establishing the entire issue as an abuse of the Constitution, to the point of overthrowing it.

1. At every university, each Political Science faculty, each History faculty, and each School of Law faculty must pass a resolution that the proposed interpretation of the Constitution is incorrect in content, is against precedent and historical fact, and is a gross perversion of the Constitution.
Any faculty that does not do so will be put on record as being academically inferior and should lose its accreditation.
Any School of Law that has produced a Senator that accepts the ‘nuclear option’ must immediately notify that Senator that he/she has brought that School into disrepute by voting against the Constitution and that the School no longer will admit to having produced that Senator.

2. Each Senator must be addressed and put to the test – Will he/she vote for the Constitution or for party politics.

3. The Republican Senators who are considered possible upholders of the Constitution must be given all possible support. Putting the issue in terms of the Constitution will give them a stronger position from which to fight the radical Republicans.

4. Quit attacking ‘Republicans’. The ones who are creating this crisis are the right-wingers, better known as ‘radical Republicans’. The radicals are infamous in history and can be fought on that basis.
Those who are trying to stop this action, usually calling themselves “Progressives”, need to reach out to moderate and liberal Republicans and make common cause with them.

5. Look for alliances. Although the different groups that are presently fighting the Bush Administration do not seem to have a common thread, they are in a fight. Urge the senior citizens, and the veterans and the military to keep pushing for their cause. All of us acting at the same time will create a synergy.

6. Begin preparations for a federal law suit, challenging the ‘nuclear option’, and let it be known that such a suit will be filed immediately. The Supreme Court is not going to want to review such a case, and will signal its reluctance. But the Court cannot allow the Senate or any other body to declare themselves above the law and Constitution.