A Critical Analysis of Representative Gohmert's Constitutional Allegations

Representative Louie Gohmert, a Republican from Texas, recently filed a lawsuit arguing that Vice President Pence has the authority to conduct the electoral vote count as he sees fit under the Constitution. This article critically examines the motivation and validity behind Gohmert's allegations, providing a thorough analysis grounded in constitutional law and political context.

Motivation

The primary motivation behind Gohmert's lawsuit appears to be a misplaced and desperate attempt to curry favor with both Donald Trump and his base. This action is not born out of a genuine belief in constitutional fidelity but rather as a calculated strategy to secure a Republican/Trump victory. Gohmert's behavior exemplifies a broader trend among certain Republican politicians who prioritize political leverage and personal gain over the democratic process and constitutional integrity.

Gohmert's approach is steeped in the culture of "kissing up" to the right-wing establishment. He is willing to go to extraordinary lengths, including making himself look foolish, to ensure that Trump and the Republican party maintain their grip on power. This strategy is rooted in his belief that Trump's support base is a formidable political force that can be harnessed for future electoral gains. Such actions are not only morally questionable but also politically shortsighted, as they alienate legitimate democratic institutions and erode public trust in the integrity of the electoral process.

Validity

The validity of Gohmert's allegations regarding the Constitution and the electoral vote count is, at best, tenuous. Gohmert's argument does not align with the clear provisions of the United States Constitution, particularly Article II, Section 1, which outlines the procedure for counting electoral votes. Pence's authority is not to usurp the will of the electors but to ensure a fair and legally binding process.

Gohmert's claim that Pence has the authority to conduct the electoral vote count as he sees fit is an insult to constitutional tradition and legal reasoning. His assertion is essentially a license to exercise arbitrary power, which is not only unconstitutional but also patently absurd. The framers of the Constitution did not intend for the Vice President to have such unchecked authority over the electoral process. This approach is reminiscent of Trump's past assertions that his Article II powers gave him carte blanche to do whatever he wanted as President, an idea that was devoid of any legal basis.

Furthermore, Gohmert's lack of legal acumen is evident in his misunderstanding of the constitutional framework. He apparently believed that the Vice President could appoint electors, a notion that is counter to both the Constitution and the practical realities of the electoral system. Pence, in his constitutional role, is limited to certifying the electoral vote count once it has been validated by the states. His hands are constitutionally tied, and this constraint became clear to Trump himself, who urged Pence to remain impartial rather than engaging in subversion.

Implications and Controversies

The implications of Gohmert's lawsuit extend beyond the narrow question of electoral certification. By challenging the Constitution in such a manner, Gohmert is contributing to a culture of constitutional insouciance and political deception. His actions have the potential to undermine the legitimacy of the electoral process and set a dangerous precedent for future conflicts over constitutional interpretation.

Given the flagrant disregard for the rule of law exhibited by Gohmert and his allies, it is imperative to address the underlying issues that have led to such wrongful assertions. Gohmert and other politicians who participate in or support seditious behavior must face severe consequences, including expulsion from Congress and legal accountability. Establishing robust mechanisms for holding officials accountable for their actions during times of political crisis can help prevent the kind of chaos and unconstitutionality that occurred during the Capitol riot.

It is crucial to reaffirm the principles of democracy and the rule of law. The integrity of our institutions must be preserved to ensure that future elections and processes are conducted in a fair and transparent manner. Efforts to hold accountable those who acted recklessly and in violation of constitutional principles will be essential in fostering a democratic system that is resilient and trusted by the American people.