Occam's Razor

Seven years back, I wrote about a simple truth: that the government of Iraq was not a real government because it could not govern. It’s no less true today, with sectarian warfare in Iraq about as bad as it was when we occupied the country during the worst of it. Iraq is a country in name only.

Here’s another simple truth: a large number of Republicans currently in Congress, perhaps a majority, are anarchists. Just to make sure, I checked the definition of anarchy on merriam-webster.com:

a :  absence of government

So here is what will happen on October 1^st unless Congress passes a bill to fund the government and the president signs it (or it is overridden by both houses of Congress): the government shuts down. In that event, there will be an absence of government, i.e. anarchy. Granted, not all government will shut down. “Essential services”, whatever they are defined as, keep going on although the people who carry them out will not be paid, at least not until after the shutdown ends, which could take months. The way some Republicans are talking, a shutdown lasting months is fine if that’s what it takes for the Senate and the president to stop funding the Affordable Care Act. This despite that it is a valid law largely upheld by the Supreme Court.

Here is the oath members of Congress take when they are sworn into office (emphasis is mine):

“I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God” (5 U.S.C. §3331).

If you haven’t read the U.S. Constitution lately, it says that all laws passed by Congress and signed into law (or where the president’s veto is overridden) are legal. They remain legal unless the law is repealed or a court declares all or part of a law unconstitutional. The Affordable Care Act meets these criteria. By swearing to uphold the U.S. Constitution, senators and representatives implicitly are swearing that they will uphold the laws of the land “in true faith and allegiance”. They are required to fund these laws until such time as they are overturned or amended.

By shutting down the government then, large parts of the government simply cannot govern. You’ve seen some of these in past shutdowns. What usually gets the press is when national parks are shuttered. But there are more serious issues. Not paying the military is a very serious issue: we expect the military to defend our country but will leave them and their families without income even while they risk life and limb for our country? Small business loans are not made. New drugs are not approved. The Security and Exchange Commission stops investigating securities fraud. Much of the work of the judiciary stops. And members of congress who publicly swore that they would uphold the constitution and its laws from all enemies, foreign and domestic aided and abetted this.

It’s amazing that our domestic enemies include many Republican members of Congress. By taking an oath of office, they are taking upon themselves the duty to work in good faith toward legislation to fund the government. To the extent they do not, they are being anarchists. By taking the oath of office, they are essentially required to follow the legislative process in order to fund the government. Compromise is not negotiable. It is required if that’s what it takes to “bear true faith and allegiance to the same” and it needs to finish before authority runs out for the government to execute its laws.

What is even worse is that many of these same legislators are threatening to not extend the nation’s debt ceiling unless their demands are met, putting the good credit of the government in jeopardy. Most experts believe that if default did occur, it would introduce catastrophic financial consequences for the country, likely plunging it into a recession or depression. If you were trying to kill a government, this would certainly go a long way!

It may be against their ideology, but when members of Congress take actions that shut down the government, and do so as a matter of principle because they think the government is too big or they don’t like a particular law, they are practicing anarchy. They are also being unfaithful to their oaths. Their acts are essentially treasonous. At a minimum they should be removed from office. More likely, they belong in prison.

Republicans, if you want to reduce the size of government, you have to do it the constitutional way. You have to repeal these laws. There is no shortcut, no escape clause, no Corbomite Maneuver, at least none that are constitutional. The closest escape clause is a constitutional convention, which would need two thirds of the states, because Congress is unlikely to call for a convention. Shutting down the government by refusing to fund it is not only unconstitutional; doing so violates their oaths of office and is arguably illegal and treasonous.

Republicans, why do you hate America? Why are you such lawbreakers and oath breakers? Would you break your vow with your wife for a floozy? Why would you do the same for the country you love and the flag you salute?