The many, many connections between DT’s campaign and Russia call into question the legitimacy of the 2016 election. Throw in the FBI’s misfeasance and malfeasance with regard to the Clinton email server and Anthony Weiner’s laptop; Clinton’s substantial popular vote margin; and the closeness of the election in three Midwestern states, and some of us can’t help thinking about having a new presidential election. After all, other countries schedule new elections quite often for one reason or another – our government sometimes demands that other countries do it.
Sadly, however, all the U.S. Constitution says is that American presidents are to be elected every four years.
Nevertheless, the Constitution offers a simple way for Hillary Clinton to replace DT and Tim Kaine to replace Mike Pence. All that’s required is a bit of cooperation from a handful of patriotic Republicans.
First, DT needs to leave office. He could resign like Richard Nixon did; he could be removed from office via the 25th Amendment on the grounds that he is clearly unfit to serve; or he could be impeached by the House and convicted by the Senate for, say, accumulating wealth from foreign governments and/or collusion with Russia. Take your pick.
With DT having returned to private life, President Mike Pence would then choose Hillary Clinton to be Vice President. Assuming simple majorities in the House and Senate confirmed her appointment, Mrs. Clinton would become Vice President. That’s how Gerald Ford and Nelson Rockefeller got the job, one after the other, in 1974.
Next, President Pence would resign, automatically elevating Vice President Clinton to the presidency. No explanation would be necessary, although everyone would assume Pence didn’t want to have lunch with Hillary without his wife present.
President Clinton would then appoint Senator Tim Kaine as her Vice President. After majorities in the House and Senate confirmed his appointment, it would be as if the 2016 presidential election didn’t take us into Bizarro World!
Presumably, Supreme Court Justice Gorsuch would finally do the right thing and immediately step down, perhaps with the understanding that he’d be appointed to the Federal bench in a less supreme capacity. President Clinton could then nominate Merrick Garland to fill the seat he didn’t get the first time.
One might object that this sequence of events is so unlikely that it isn’t worth thinking about. As a practical solution to the current crisis, that is undeniably true. However, there are at least two reasons to consider it.
The first is that fiction can be enjoyable. We love stories in which the good guys win and order is restored, however implausible such victories may be.
Second, it’s interesting that, even though the Constitution as currently written doesn’t provide a way to redo a tainted election, a political party with simple majorities in the House and Senate and a President and Vice President willing to leave office can transfer power to whomever they want, without a new election, as long as the new President and Vice President are natural-born citizens, at least 35 years of age, and residents of the United States for at least 14 years. Hillary Clinton and Tim Kaine both meet those requirements. Unfortunately, so do Ivanka (35) and Jared (36).
Coincidentally, after writing the above, I was catching up on The New York Review of Books and read an April article about a Yale law professor, Akhil Reed Amar, whose specialty is the U.S. Constitution. I’m sorry to say he had my idea before I did, although for a different, much more plausible reason:
At the moment, we have to wait two and a half months after a general election for the victorious presidential candidate to take over—compared to the few minutes it takes in the UK for an electoral transition. Could we change this? It would be easy, says Amar. First of all, once the concession speeches are given, Vice President Biden resigns. President Obama then nominates Donald Trump to be vice-president, under the Twenty-fifth Amendment. Congress confirms him. Then President Obama gracefully steps aside and Vice President Trump becomes commander in chief. All in a matter of days…. Amar’s point is that “if Americans truly want to streamline our transfers of power, the Constitution does not stand in the way.”