Over 100 Republican House members have joined an amicus brief asking the Supreme Court to overturn the election in Donald Trump’s favor. Democratic leadership is responding with warnings of what this means for the country, and for these legislators.
As reported by Raw Story, the harshest suggested response comes from Rep. Bill Pascrell, Jr. (D-NJ). He is calling for the legislature to refuse to confirm into office any Representatives who are fighting to overturn the will of the electorate.
Section 3 of the 14th Amendment was written after the Civil War to bar from government any traitors who would seek to destroy the Union.
My letter to House leadership today demands that 126 Republicans (and counting) are violating the Constitution. pic.twitter.com/4ti0OU1kpP
— Bill Pascrell, Jr. (@BillPascrell) December 11, 2020
He says, “Stated simply, men and women who would act to tear the United States government apart cannot serve as Members of the Congress,” and calls on Congress to “exercise the power of your offices to evaluate steps you can take to address these constitutional violations this Congress and, if possible, refuse to seat in the 117th Congress any Members-elect seeking to make Donald Trump an unelected dictator.”
Senator Chris Murphy (D-CT) also spoke strongly, declaring that these legislators have betrayed their country, and calling it an act of treachery against the nation.
“Right now, the most serious attempt to overthrow our democracy in the history of our of country is underway.
Those who are pushing to make Donald Trump President, no matter the outcome of the election, are engaged in a treachery against their nation.” pic.twitter.com/FE7K91nlSD
— Chris Murphy (@ChrisMurphyCT) December 11, 2020
They have betrayed their country. And while they can’t make Trump President, these radicals are setting us on a path to the end of democracy. It’s that serious. https://t.co/qlYqDVEMEj
— Chris Murphy (@ChrisMurphyCT) December 10, 2020
Representative Adam Schiff also spoke in a statement saying that these members should be ashamed, and that they will be remembered by history for their enabling.
This isn’t a game. Trump lost. End of story.
But he’s still trying to drag down our democracy, invalidate millions of votes, and overturn the election.
And for what? To raise money? To run again?
These members of Congress should be ashamed. History will remember the enablers. https://t.co/5VqzHbEKoA
— Adam Schiff (@RepAdamSchiff) December 10, 2020
It’s not entirely clear whether it’s possible to refuse to confirm these members for their efforts to overturn a legal election. Holland & Knight law blog notes that in a 1969 Supreme Court ruling, SCOTUS declared that the Speaker of the House could not refuse to confirm a duly elected candidate for any reason, considering the right of the people to elect a candidate to supersede the right of Congress to judge a member’s qualifications. However, the ruling agreed that Congress has post facto authority, and could expel a member, though it would take a 2/3 vote.
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Steph Bazzle reports on social issues and religion for Hill Reporter. She focuses on stories that speak to everyone's right to practice what they believe in and receive the support of their communities and government officials. You can reach her at Steph@HillReporter.com