American politics is deep into the theater of the absurd—but unfortunately, it is a deadly absurdity, like being in a horror funhouse where the creatures leaping out at you have real knives and chainsaws. Americans now have to face at least the possibility, a tangible one, that the election itself was subverted by a hostile foreign power in league with the winning presidential campaign, with implications all the way down the ballot.
What to do if that proves to be the case? It is a question I have been asked a lot; my stock answer begins with, “The Constitution does not have a do-over clause.” But I am now rethinking the response: Maybe it needs a do-over clause. And it does not have to require a constitutional amendment.
From the day after the 9/11 catastrophe, I threw myself into creating a set of safety nets for the constitutional system, ensuring that the United States would have a rapid, orderly, and legitimate set of ways to ensure the continuity of government in the event of a terror attack that could decapitate one or more of its three branches. It started with Congress, and the need to have emergency interim appointments if an attack dropped either or both of its houses below the constitutionally mandated quorum of half the membership to do any business, until reasonable, deliberative elections could be held to fill vacancies.
But the Continuity of Government Commission that Tom Mann and I worked to create also focused on presidential succession. Unlike Congress, this did not require a constitutional amendment, but could be done legislatively. It was clear to us that there were real problems in the Presidential Succession Act of 1947. It was enacted at the urging of President Harry Truman, when, in the dangerous environment just after the war, he …read more
Via:: The Atlantic