Is It Time For the Courts To Weigh In On Mitch McConnell?

The Senate Majority Leader has effectively dismantled the Constitution. Maybe the Courts could fix that.

Dr. G.S. Potter | Contributing Editor

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Mitch McConnell has made a career out of dismantling the Constitution.

He is so proficient in his work, in fact, that he has successfully upended the shape of the Senate itself, as well as its relationship with both the Executive and Judicial Branches.

Take his work on the Supreme Court, for example.

There is still a viscerally acerbic response felt by many when the name Merrick Garland resurfaces. Mitch McConnell infamously ripped apart the elationship between Congress and the Supreme Court when he refused to bring President Obama’s Supreme Court nominee to the floor. Adding insult to injury, he blamed Obama for blocking Merrick’s hearing by saying that President Obama nominated him …

not with the intent of seeing the nominee confirmed, but in order to politicize it for the purpose of the election.

Or see his work in Congress.

McConnell has refused to bring over 300 bills to the Senate floor - 275 of which were bipartisan. There’s a picture of them below. In just a couple of years, Senate Majority Leader McConnell was able to grind 2 of the 3 branches of government to a halt. And he wouldn’t stop there.

In the final play of his hat trick, Mitch McConnell openly stated that in relation to the Senate impeachment trial …

Everything I do during this, I’m coordinating with the White House counsel. There will be no difference between the president’s position and our position as to how to handle this to the extent that we can.

Keep in mind there are Senate impeachment rules. All Members of the Senate take the following oath …

I solemnly swear (or affirm, as the case may be,) that in all things appertaining to the trial of the impeachment of _______, now pending, I will do impartial justice according to the Constitution and laws: so help me God.

And there you have it. Every Constitutional thread holding together the balance of powers between the three branches of government have been burned and broken by Mitch McConnell. And while all eyes are on the threat that is coming from the White House, we need to make sure we don’t lose sight of the bigger threat that is Mitch McConnell.

More than that: we need to get McConnell out of office.

Of course, he is up for re-election this year, and Democrats are attempting to unseat him with a fairly credible candidate in former Marine veteran Amy McGrath: she’s already raised an impressive $9 million and is expected to raise more. But, can we count on that? McConnell is an extremely formidable campaigner in Kentucky.

There is also a Constitutionally outlined process by which a Senator can be impeached; however, without control of the Senate, it is unlikely that the Democrats would be able to successfully impeach the Senate Majority Leader.

There is, however, another way to prevent McConnell from further damaging the Constitution without going through Congress, though. We can take him to court.

This isn’t the first time that traitors to the Constitution occupied the highest ranks of the government. After the Civil War, legislation was passed to ensure that those who committed acts of rebellion against the Constitution while in office would be unable to re-occupy their seat.

More specifically, Section 3 of the Fourteenth Amendment reads:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

What this means is that Mitch McConnell can be brought to court under the Fourteenth Amendment for engaging in insurrection against the Constitution. And if the courts rule against McConnell, he will not be able to seek re-election in 2020. Or ever.

A Senate Majority Leader, Mitch McConnell has led a violence-free, but successful insurrection against the Constitution of the United States. And he has dealt it significant damage.

It will take a member of the government to take a stand and launch a case against McConnell for his action of insurrection against the Constitution of the United States. It will take a circuit court system that hasn’t been packed with MAGA picked judges to find him guilty. And it will take a legal team willing to go the distance against McConnell and the Trump Administration to get the job done before the next election.

With the Senate and the White House currently in collaboration, though, it might be time to have the courts weigh in.