So @ezraklein asked liberals to articulate what it was Mcconnell did “wrong” with the Garland blockade, and so I thought I’d try to give an explanation of a couple of the key points.

First, and most basically, and as @mattyglesias pointed out immediately, mcconnell was lying
Specifically, mcconnell was lying about what he intended to do if he and his political coalition prevailed, in several ways.

By his statements to voters, if Clinton won, he would give her judicial nominees hearings and votes. But I think everyone accepts that wasn’t true
In a small-d-democratic society, for political candidates to misrepresent their intended use of the powers of the offices for which they are campaigning is deeply wrong
Second, while this was happening, mcconnell was working to assist russian foreign intelligence in a cyberespionage campaign against the United States, intentionally (by his actions when Obama brought him and GOP house leadership in on the russian campaign)
You can’t isolate the garland blockade from the fact that mcconnell and the entire federal GOP were committing themselves to literal treason to avoid losing the GOP hammerlock on the judiciary
Third comes “norms” and this is the most sophisticated argument, and one that I think @ezraklein might appreciate given his work on polarization.

So, there’s a concept in mathematics, Gödel Incompleteness
See, in mathematics, Kurt Gödel proved that you can’t construct a complete and consistent axiomatic foundation for arithmetic.

The political science equivalent of this is that no political system can have all its rules explicated
The Constitution doesn’t—and a constitution CAN’T—set forth all the decision rules in advance. There have to be types of situations and interactions where normative systems and values govern, rather than an express rule
And to deny the force of these norms is apocalyptic because, absent norms, the constitution *cannot* set forth a coherent system.

As matt pointed out, under the express rules, Joe Biden could have a favored hitman Murder mcconnell and other GOP senators w democratic governors
And then pardon the killer (which in DC works to provide complete absolution)

Similarly, in 2017 the GOP could have muscled through a law shrinking the house to 50 seats starting the next election, leading to a reapportionment of 1 seat per state.
And if they take unified governor, the democrats could divide the Bronx into 500 states and then use the Bronxistans to ratify any constitutional amendments they want, including consigning the GOP to gulags
All of these are within the ~~~~express rules~~~~ of the Constitution but deeply contrary long-held and normatively-grounded practices.

Mcconnell does not merely reject these norms, but rejects the CONCEPTS of norms—hence his bad faith invocation of norms he himself rejects
So to circle back, what McConnell’s dishonest invocation of a normative tradition that he knew didn’t exist and himself didn’t believe is that it reflects a fundamental nihilism incompatible with a free society.
You can follow @lawnerdbarak.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: