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House Democrats Have More Potent Options Than Impeachment

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 / Mary Calvert / Reuters

  • House Democrats hold the better hand in this game of constitutional poker. But they can’t win the game unless they play their best cards.
  • Related: Nancy Pelosi’s Argument Against Impeachment, Based on the Clinton Impeachment, Doesn’t Make Sense.

Daniel Hemel  and Eric Posner, the Atlantic

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http://media.gettyimages.com/illustrations/image-with-words-associated-with-the-topic-impeachment-word-cloud-illustration-id800381754?s=170667a&w=1007 May 29, 2019 | The fight between President Donald Trump and House Democrats over the House’s investigations of the president has escalated into what several outlets now describe as an “all-out war.” Most commentators believe that House Democrats are powerless in the face of the Trump administration’s defiance. Litigation to enforce congressional subpoenas will stall in the courts, while any attempt to remove Trump from office with impeachment will die in the Senate. Voters are losing their patience with investigations that produce no results. But if the House backs off, Trump will declare victory, and future presidents may conclude that they are immune from oversight. The options for Democrats seem bleak.

House Democrats, however, have an ace up their sleeve. Actually, a pair of aces: the power to shut down the government and the power to trigger a debt default. These options are far more potent than impeachment because the Democrats do not need the support of Republicans to use them. The problem is that the options may be too powerful: If used unwisely, they could hurt the Democrats—and the country—more than Trump. To prevail, the Democrats must play their cards shrewdly.

Daniel Hemel, Assistant professor at the University of Chicago Law School
Eric Posner, Professor at the University of Chicago Law School

Full story …

Related:

Nancy Pelosi’s Argument Against Impeachment, Based on the Clinton Impeachment, Doesn’t Make Sense. Compiled by David Culver, Ed., Evergreene Digest

  • Part !: Nancy Pelosi’s Argument Against Impeachment Doesn’t Make Sense
  • The only … question is where one draws the line between conduct that is impeachable but does not mandate impeachment and conduct that is so bad that impeachment becomes a constitutional obligation.
  • Part 2: What Nancy Pelosi Learned From the Clinton Impeachment
  • Interviews with the House speaker’s old friends and colleagues offer a window into her reluctance to pull the pin on a political grenade.

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