Precedential Overreach

By: Mark Mazer
February 23, 2021

I’ll say this for the Democrats, they do not learn. They have a tendency to do whatever is necessary to achieve their goals. The problem is that they typically have to change the rules to get what they want. It might make them happy in the short term, but the longer-term effects are horrendous. They have experienced this time and again and they keep doing the same thing.

14 years ago, I wrote about the dangers of relying on the Supreme Court to get new rights enacted. When 5 people (a majority of the court) can grant a right, 5 people can remove that right. But, it also goes beyond that. When rights are achieved through the courts rather than through the democratic, electoral process, it cuts the debate short and, as a result, the issue is never resolved and festers. This is what happened with the abortion issue. The left achieved their goal through the Supreme Court and never won the hearts and minds of the American public. That’s why it is such a divisive issue today. But, I digress.

Back in 2013 Harry Reid, who was the Majority Leader of the Democratic led senate, executed what was known as the “nuclear option.” The Democrats voted to eliminate the filibuster on non-supreme court judicial nominees. Their justification was the intransigence of the Republicans and that it was necessary to get judges on the bench. In fact, as this Yale University article points out, the Democrats could expect a very rough legislative period with the Republicans and therefore they should rely on the courts to get their agenda through, and packing the courts with their own nominees would give them that option.

The Republicans considered the same thing back in 2005, but they did not want to set the precedent back then and they avoided it by making a deal with the Democrats. The articles from the left at that time decried the possible rules change calling it “a threat to our system of checks and balances.” Clearly, it became a much better idea in 2013 when the Democrats considered it then.

Of course, once Harry Reid pulled the trigger, the Republicans were going to respond. When they got the majority, and the presidency with the election of Donald Trump, they were not going to brook any sass from the Democrats regarding SCOTUS nominees and they eliminated the filibuster for SCOTUS nominees. The Democrats howled foul. After all, they did not remove the filibuster from SCOTUS nominees so how could the dastardly Republicans be so anti-democratic and do this? In truth, anyone who did not see this coming was 12 kinds of blind. It was an obvious reaction.

Now, with the Democrats controlling the Senate again, I fully expect that the filibuster will be totally removed by the majority so they can do what they want. The left will be thrilled with that, right up to the point when they lose the majority again and the Republicans one up them once more. This is a horrendous cycle.

The Democrats just changed precedent again (in the name of righteousness, of course) but this time it was in the House. Marjorie Taylor Greene, a newly elected Republican congresswoman from Georgia, made some anti-Semitic statements. There is no question about her vile statements and I will make no attempt to defend them (nor should anyone, I would think). Her anti-Jewish and anti-Muslim rhetoric was disgraceful and not worthy of a member of the United States Congress. At issue was her assignment to various committees in the house.

The Republicans have faced this type of issue before. When Representative Steve King of Iowa, also a Republican, made vile comments, the Republican Party immediately removed him from all committee assignments. And, this is key. You see, traditionally the parties determine the committee assignments, not the House as a whole. That’s why Democrat representatives like Ilhan Omar and Rashi Tlaib, both of whom have made their own vicious anti-Semitic statements in the past, still have their committee posts.

I do not know why the Republicans did not remove Marjorie Taylor Greene from her assignments. I am guessing that their thinking was that she should not be punished in the House for statements she made before joining it. I can hear that argument even if I am not too sure I agree with it. However, none of that is important anymore because here came Democratic overreach to the rescue. In an unprecedented move, they convened a vote of the entire House and removed Ms. Greene from her committee assignments. Congratulations, Democrats, you have set yourselves up again.

What do they think will happen when the Republicans regain the majority? It could very well happen in 2022. Do you think the Republicans will not retaliate? They certainly have more reason to remove the so-called “squad” members for their blatant anti-Semitism than the Democrats had over Marjorie Taylor Greene, because the anti-Semitic vitriol from these congresspeople happened while they were in office.

I am not sure what the calculus is on the Democratic side but it seems very flawed to me. They seem to be focusing on short-term gains in the hopes that it will build a long-term majority. It never has and never will work that way. In politics, as in life, what goes around comes around.

I am very concerned about this spiral we seem to be in. I cannot see how this ends well. The Democrats and the Republicans need to find a way to work together and I do not see how that will happen given the division and toxicity of our political environment.

Perhaps it is time to consider term-limits for all members of congress. The current residents of the Capitol Building in Washington, DC are too focused on their own power and keeping their jobs. Limiting their tenures means that they can focus more on their jobs than just getting reelected. It also means that no one member of congress can become so powerful as they do today. Let leadership fall to the best and the brightest, not the ones who have been there the longest.

Nancy Pelosi has been in congress for 34 years. Chuck Schumer has been there for 28 years. Mitch McConnell has been there for 36 years. Enough is enough. Let’s agree on two terms for senators (that’s 12 years) and four terms for a congressperson (that’s 8 years) and be done with it.

When children cannot play nicely in the playground, parents remove them from it. It’s time to remove these congresspeople, who are proving themselves more worthless with each passing day, and start bringing new blood in.

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