Blue WaveThe Constitutional Revolution of 2019

The following is a piece of historical fiction that takes place in the future. The scenario is based on facts and is entirely plausible.

It all depends on the Senate. Article I, Section 3, Clause 6 of the US Constitution states:

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.


The Blue Tsunami of 2018


The 2019 Senatorial election map was a tough one for the Democrats. But after the confirmation of federal judge Brett Kavanaugh to the Supreme Court by of 50-48 decision in spite of credible sexual assault allegations and indications that the nominee perjured himself during his confirmation hearings regarding the frequency of his drinking and activities during his high school and college years, the voters turned out in record numbers for the 2018 mid-term election. Women turned out in waves, angry about the disregard for the testimony of the prime witness against Kavanaugh. Even deep red states like West Virginia and Mississippi went Blue, removing GOP senators and replacing them with moderate or progressive candidates. Cruz loses Texas to O’Rourke. One special election went to a Democrat, Mike Espy, and David Baria defeated Roger Wicker, yes, in deep red Mississippi. The Senate goes to the Democrats 58 to 42. Nine GOP senators would be needed to vote to convict three vulnerable officeholders in impeachment trials: President Trump, Vice-President Pence, and Supreme Court Justice Brett Kavanaugh.


Elections have consequences


The House of Representatives falls to the Democrats like a ripe piece of fruit in 2019. The final tally in the House: 235-200. The House narrowly reinstalls Nancy Pelosi as Speaker of the House with Ohio Democratic upstart Tim Ryan as House Majority Leader. The committee chairmanships change hands in both houses to Democratic; in turn, the House Judiciary Committee draws up articles of impeachment against the Trump, Pence, and Kavanaugh. They all sail easily through the full House, and the Senate begins two trials. Trump and Pence are tried in the Senate simultaneously. The reasoning is that if Trump is removed on his own, Pence would be sworn in and he would then select his own vice-president. The GOP Senators see the handwriting on the wall. They face Democratic challengers in their own upcoming elections in 2020 and 2022, so they approach both Pence and Trump to say they will vote with Democrats in an impeachment trial. Both Trump and Pence choose the trial. The Senate votes to remove both, Trump for violating the Emoluments Clause of the Constitution and tax evasion, Pence for committing conspiracy against the United States for his complicity in colluding with Russians in the 2016 election. Just after the vote to remove the President and the Vice-president from office, Chief Justice John Roberts swears in President Nancy Pelosi. Ryan takes her place in the House. Pelosi nominates Senator Tim Kaine as vice-president as a nod to the popular vote of the 2016 election. He agrees, and confirmation hearings begin in both Houses, with easy confirmation expected.


Restoring Checks and Balances

Equal Justice Under LawThe trial against Kavanaugh begins immediately. His confirmation hearing is replayed, the sham investigation exposed. The vote is overwhelming. A sitting Supreme Court Justice is removed. President Pelosi chooses a moderate liberal constitutional law professor with experience in both the Executive and Legislative branches. Barack Obama states that he is humbled, and with this new day dawning, he promises to act as a check on the new, liberal, American government, making sure the new leadership and Democratic Congress follow the Constitution, preventing and further purge of the GOP from American politics. The Court now resumes its 4-4 shape, with Chief Justice Roberts acting as the swing vote, formerly held by Anthony Kennedy. Merrick Garland is chosen to replace Clarence Thomas after he resigns in disgust.

President Pelosi removes the worst offenders of corruption and incompetence from the former Trump administration. Cho is replaced by Bernie Sanders at the Department of Labor. Joseph P. Kennedy III replaces Ben Carson at Housing and Urban Development. NEA President Lily Eskelsen Garcia replaces Betsy DeVos at Education. Mattis stays at Defense as a moderate holdover much as Gates stayed under Obama. Joe Biden uses his foreign policy experience in Congress as the new Secretary of State. Senator Elizabeth Warren agrees to take over Treasury. Special elections go to Democrats in Virginia and Massachusetts to replace those who came to the Executive Branch.

The Constitutional Revolution of 2019 is complete. America’s flirtation with fascism is over.

Then I woke up.

By George Cassutto
Images by George Cassutto
© George Cassutto
All rights reserved. 2018