This is specious. It’s a catalogue without historical context and logic. Just as Ike needed the legitimacy of re-election to earn the Brennan confirmation, so too does Trump *and even more so* because his party might lose the Senate too! But fine do it. 1/2
Lincoln got a majority of the Electoral College with 40% of the popular vote after running in a national election where he wasn't even on the ballot in a third of the states. He also appointed a Chief Justice in a lame duck session in 1864.
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It’s morally unserious to argue in behalf of reactionary anti-democratic minortarianism—which Lincoln himself fought to destroy (!)—based upon the contingencies of his own ejection. He got the most votes, even if not a majority. Moreover: the EC, even in its own terms, failed to
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maintain national unity (and a good thing it didn’t, as war was necessary to destroy the slaveocracy).
End of conversation
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