The Social Contract of Democracy -- the President, the Senate, and the U.S. Supreme Court

Democracy is a social contract.  It is a tacit agreement between competing interests to abide by the results of a vote, with the majority carrying the decision.  Democracy is the only fair way to achieve peaceful transfers of power and peaceful evolution of society.

There is currently a vacancy on the Supreme Court, due to the death of Justice Antonin Scalia on February 16, 2016.  President Obama has nominated Merrick Garland, Chief Judge of the United States Court of Appeals, D.C. District, to fill that seat.  Confirmation of the President’s nominee by the U.S. Senate is required to complete the appointment to the Court, and return the Court to its full complement of Justices.  Republicans in the Senate have refused to allow hearings for Judge Garland, or for any nomination by President Obama.  Judge Garland has received the highest honors and recommendations throughout his education and career, and is undeniably well-qualified to serve as a Supreme Court Justice.

The Republican Senate is currently in open rebellion against the Constitution which they so fervently and hypocritically invoke.  The Senate has an obligation under the Constitution to advise and consent to the President’s nomination to the Supreme Court.  There is no provision for delaying until the next election.  There is no provision for refusing to consider any candidate nominated by the President.   

John McCain has pledged to block any nomination to the Supreme Court, if Hillary Clinton is elected President.  This is a continuation of the Republican violation of our social contract of democracy under the constitution.

I do not know what Republicans now expect, if the roles are reversed, and a Republican president expects to nominate conservative justices to the Supreme Court.  I can guarantee that there will be no cooperation, because I see no reason for Democrats to ever cooperate with Republicans on filling a Supreme Court vacancy which by all rights belongs to a Democratic president.  The consequence must the destruction of our judicial system, and with it, our society.

Donald Trump has pledged that if he loses, it can only be “because the system is rigged” – a totally baseless claim.  In the third presidential debate, Trump stated that he would only agree to abide by the results of the election if he wins.  This is again a violation of our social contract.  

This is not the way it is supposed to work. 

Republicans have broken the social contract of American democracy for eight years.  We cannot have a democratic form of government with this behavior.  We cannot have a peaceful transfer of power without respectful acceptance of the results of our elections. 

Throughout the presidency of Barrack Obama, Republicans have broken that social contract in word and deed.  From the first day of his presidency, Republicans have denied the legitimacy of his leadership.  They have slandered Obama with outlandish lies circulated on social media.   Prominent Republicans, conservative leaders and media have spoken publicly of their commitment to deny Obama any legislative victory.  They have stalled nominations beyond any precedent, bringing the functions of government to a standstill.  They have blocked funding on critical national issues such as public health.  They have deliberately and grossly misrepresented the status of the country to the credulous Republican voter base with regard to important national issues:  employment, taxes, crime, and immigration.

Republicans have repeatedly proved that they do not believe in democracy, by gerrymandering districts, by spurious and discriminatory voter ID laws, by gathering thugs to intimidate voters at the polls, with intimidation and bullying at every level, as evidenced by Donald Trump’s physical intimidation of Hillary Clinton at the second debate.  That kind of behavior must stop if we are to preserve our form of government.

Republicans have the power to shut down the American government.  Republicans have the power to shut down the Judicial branch of government.  But they do not have the right to do so.  Continued intransigence by Republicans can only be detrimental to the country, and will end the peaceful transfers of power we have enjoyed, which are unique in the world for a period of a century and a half.