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Executive Accountability


We need more of it, don't cha think?

The U.S. system has only one mechanism for removing the executive: impeachment for "treason, bribery, or other high crimes and misdemeanors." These days, I'm wondering if that's enough.

While I strongly suspect that there is at least one solid impeachment case to be made against our current president, it will take time, maybe more time than the president has left in office. In the meantime... I'm not sure, but it seems at least possible that an overwhelming number of Americans don't want this president in office anymore.

Personally, I not only don't want him in office anymore, but I feel that the administration's continued tenure is a threat to our national security, and to our democracy. (Among other things, what if we did actually face an imminent threat that could only be repelled by military action? Who would trust the President Who Cried Wolf?)

If in fact a majority of Americans feel similarly, why should we have to put up with two more years of this administration? We're the people, right? Aren't we supposed to run this place?

I see value in the separation of powers (although a parliamentary system has its pluses too), and appreciate that legislators can't remove the president just because they think he's doing a godawful job, for example. The party that the president doesn't belong to is pretty much always convinced that the president is doing a godawful job, after all, so it makes sense, in the context of the balance of powers, for the burden to be on the legislative branch to prove a case against the president.

But unfortunately, since impeachment is the only mechanism by which the president can be removed, the burden is doubly on us, the American people, to elect a bunch of legislators, who will then conduct investigations, which then might lead to an impeachment case, or might not, or might take a very long time to do so, while we sit back biting our nails.

That's fine as far as the balance of powers goes, but what about the ultimate power residing with the American people? What if we the people, and not a particular political party, think the president is doing a terrible job that puts our nation in jeopardy, regardless of whether our legislature has proven "treason, bribery, or other high crimes and misdemeanors"? Shouldn't the president serve at our pleasure?

Perhaps what the US needs even more than the movement calling for the US to pull out of Iraq, is a movement calling for this administration to resign. 

There aren't any good solutions to the disaster in Iraq, but is anyone confident that the administration that wrought the disaster wouldn't also exit the disaster in the worst possible way? There comes a point when pressure to implement a particular policy isn't enough (sort of like how there comes a point when a habitual drunk driver gets his license revoked for good). When a leader has proven himself incapable of doing the job, period, step one to better policy is getting new leadership.

And perhaps we need a new mechanism for removing the president, like a way to trigger a federal recall election, for the future. Is there a way to craft a federal recall election mechanism that would tend to discourage frivolous recalls, but that would provide a direct way for the American people to hold the executive accountable? Impeachment, while it has its place, doesn't seem to be enough.


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I would greatly appreciate comments, from readers that live or have lived under parliamentary systems, to comment on the advantages and disadvantages of our system compared to a parliamentary one. What you describe is fairly normal as a vote of confidence.

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Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

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I would greatly appreciate comments, from readers that live or have lived under parliamentary systems, to comment on the advantages and disadvantages of our system compared to a parliamentary one.

Me too.

I figure there's no chance of the US actually switching to a parliamentary system at this point, which is probably a good thing... but perhaps a well-designed reform could allow us to incorporate some of the pluses of the parliamentary system within our own framework.

What you describe is fairly normal as a vote of confidence.

No confidence is a pretty good description of how I feel about this president. I wonder how many Americans would relish the opportunity to directly cast their own votes of "no confidence."

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And a question related to the advances and disadvantages of parliamentary systems -- do presidential systems have a tendency toward authoritarianism?

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I don't think there is a pure situation, although I may have something of an outrageous, mostly hypothetical response. When the Nazis gained control of Germany, they were the best organized minority in the Reichstag, the German parliament.


A weakness of the German system of the time was the ability to give emergency powers to the head of state using Emergency Decrees of Article 48 of their Constitution. The head of state and President, Hindenburg, then delegated his authority to Hitler as chancellor (head of government). Hitler then consolidated the roles of head of state and head of government as Fuehrer.


It may be that a constitutional monarchy, where the head of state has little or no operational authority other than to accept or reject a government may be such a check and balance. Note that in 1943, Mussolini ignored the vote against him of the Fascist Grand Council, but lost authority when King Victor Emmanuel stripped him of office. Of course, the Fascist political system had to accept his arrest, but I would not dismiss the role of the monarch as ultimate guarantor of rights in several European and Asian nations. In Thailand, for example, while there certainly have been military coups, the Monarch remains a symbol of national unity beyond criticism and with tremendous moral authority. To varying extents, the Danish and Belgian monarchs are seen as an ultimate safeguard against authoritarianism.


I recognize this is a bit provocative, but may serve as a basis for an interesting discussion.

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Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

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It may be that a constitutional monarchy, where the head of state has little or no operational authority other than to accept or reject a government may be such a check and balance.

No Trumps or Hiltons, please.  I want that in our new Constitution.

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Probably apocryphal, but Isaac Newton is said to have turned down a proposal from Nell Gwyn with "but what if the children had my beauty and your brains?" Gwyn was actually known for wit.


The thought of Trump beauty and Hilton brain is enough that the framers of a hypothetical constitution would immediately accept your proposal. Trump manages to abuse hairspray more than those who seek ecstasy through inhaling it.

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Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

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The short of it is this: A typical parliamentary system is considerably more flexible, while the US presidential system is considerably more stable.

In this particular case, the stability is the problem. Most of the time, it's a good thing. In a parliamentary system, it is fairly common for a government to last less than a full term, and it is also common for the PM to be replaced between elections without changing the governing party.

Parliamentary systems usually introduce some uncertainty, but (in theory at least) a course correction can be swift. Italy is, or at least was until Berlusconi, a country with notoriously unstable government, with most PMs staying less than two years in office. In other countries, such as Germany, governments don't fall all that often. The two countries have very similar political systems.

BTW, the UK is pretty unique with its parliamentary system but non-proportional representation. It's somewhere between the US and Continental European model (and I don't mean geographically).

For a rapidly changing country, such as the US was 200 years ago, the stability of the political system was no doubt extremely valuable. In an established democracy, such as the US is today, a more flexible political system could be a good thing. Also, four years now is a lot longer time than it used to be a few centuries back.

Anyone thought of presidential recall election as a possibility in the US?

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A typical parliamentary system is considerably more flexible, while the US presidential system is considerably more stable.

Actually, presidential systems are considered to be less stable than parliamentary systems for the precise reason that is the subject of this blog. As evident in Latin American countries, only a coup could get an unpopular president out of office.

The main difference between presidential and parliamentary systems is the separation or fusion of the executive and legislative branches.

Although I can't recall where I read it, somebody was pointing out that perhaps impeachment should not be considered a dirty word. In other words, use it carefully, but more often.

Presidential recall elections are an interesting idea, too. Like California did with Gov. Davis(?).


A casual stroll through the lunatic asylum shows that faith does not prove anything. Nietzsche

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If nothing else, the California recall process was a mighty victory for support of the arts, especially comedy. Could any uninspired writer have come up with the Schwarzenegger-Huffington debate on accents?

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Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

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The LatAm presidents only removable by coups tended to have no term limits, semi-dictatorial powers, and elections were not much of a factor. Those countries were probably going to be unstable no matter what.

I think we're talking about different kinds of stability though - I was only talking about stability within the limits of a political system. Military coups tend to be events not planned for by a country's constitution.

And yes, it was Gov. Gray Davis in California. I don't think he was a particularly bad governor, but popular he was not (gray hair, gray personality). He was widely blamed for the power problems in California in 2000-2001, even though that later turned out to be Enron's doing.

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Actually, presidential systems are considered to be less stable than parliamentary systems for the precise reason that is the subject of this blog. As evident in Latin American countries, only a coup could get an unpopular president out of office.

You made me re-think what is meant by stability with this comment, since I was thinking, yeah, presidential systems are more stable, but sometimes stability isn't all it's cracked up to be. 

But the kind of "stability" I was thinking of was mebbe more short term.  It's the old "what doesn't bend, breaks" rule.  The super strong, unyielding building, versus the building that sways...  The one that looks less stable is the one that can withstand an earthquake.

I guess too much flexibility can be destabilizing too -- and as codegen suggested, earlier in our history, we might not have been able to tolerate as much of it.  But at this point, a little more flexibility would probably be a good thing.

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For a rapidly changing country, such as the US was 200 years ago, the stability of the political system was no doubt extremely valuable. In an established democracy, such as the US is today, a more flexible political system could be a good thing. Also, four years now is a lot longer time than it used to be a few centuries back.

Hmm, interesting points.

Anyone thought of presidential recall election as a possibility in the US?

Well that's actually where I was going with this post, but I didn't get there until the very end of a whole lot of writing.  Actually, you could probably replace the whole post with just that sentence :-)

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I loathe this administration and agree that there is a pretty good case for impeachment of Bush & Cheney. However, I do not support the idea of a "vote of no confidence." First, in parliamentary systems, those are votes by the legislature, not the electorate. Usually, that means members of your party or coalition have deserted you on an issue.

Second, it just doesn't make sense. I don't think you could draft a recall provision that wouldn't be subject to political abuse.

I think were stuck with our current options -- impeachment, and voting the bums out. And for the latter, of course, we need to make sure the elections are free and fair...

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I don't think you could draft a recall provision that wouldn't be subject to political abuse.

Well, everything is subject to political abuse. Impeachment is subject to political abuse.

But having impeachment as an option is better than not having it, IMO. Question is if a provision could be crafted that would make the executive more accountable to the people, and that we would be better off having than not.

If you made a recall election difficult to trigger, and set high standards for what constitutes a vote to recall...

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The option of impeachment is no doubt much better than the lack of such option.

While impeachment can be abused, the other extreme is that the political class may have selfish reasons for not using the impeachment option even when the People would impeach without thinking twice about it.

I'm not a political scientist but I believe that Bush's abysmal under-30% approval rating at this point in his presidency is historically an exception rather than the rule (unless one considers Nixon a regular president I guess).

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And BTW, I don't think recall elections can be abused so easily. Even if a recall was easy to trigger (which it shouldn't be), a majority of the voters still has to vote for the recall. There is no way a truly popular president could be recalled.

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So... if you were crafting a federal recall election mechanism, what would it look like?

Some random things that come to my mind are:

It should be fairly difficult to trigger a recall, and it should take long enough to ensure that it was not the reflection of a passing whim. 

It should be structured to emphasize the solemnity of recalls,  that recalls should not be frivolous, but should reflect the public's overwhelming, longstanding sense that a presidency is a threat to the nation's security and/or institutions.  (Nothing would probably ever completely prevent recalls that many of us would consider frivolous, but oh well, that's democracy...)

Unlike recalls at the state level, recalling a president would probably have to involve some kind of vote based upon state-by-state outcomes, since that's how presidents are elected in the first place, rather than a popular vote. 

(Although some folks might prefer to elect presidents by popular vote, I don't think that a recall election should be used to invalidate the results of a presidential election.  Instead, it should reflect that the same public that elected the president in the first place no longer wants that person in office.)

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As a starting point that is probably too rigorous, consider the procedure for ratifying Constitutional amendments.

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Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

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Just googling some grist for the mill...

The Constitution, then, spells out four paths for an amendment:

  • Proposal by convention of states, ratification by state conventions (never used)
  • Proposal by convention of states, ratification by state legislatures (never used)
  • Proposal by Congress, ratification by state conventions (used once)
  • Proposal by Congress, ratification by state legislatures (used all other times)

And here's an excellent overview of recall procedures at the state level.

And, not that I'm a fan of the leadership in Venezuela, but...

Article 72 of the 1999 Constitution of Venezuela enables a recall of any elected representative, including the president, and has been used in the Venezuelan recall referendum, 2004:

Article 72: All [...] offices filled by popular vote are subject to revocation.Once one-half of the term of office to which an official has been elected has elapsed, a number of voters representing at least 20% of the registered voters in the affected constituency may petition for the calling of a referendum to revoke that official's mandate.When a number of voters equal to or greater than the number of those who elected the official vote in favour of the recall, provided that a number of voters equal to or greater than 25% of the total number of registered voters vote in the recall referendum, the official's mandate shall be deemed revoked and immediate action shall be taken to fill the permanent vacancy as provided for by this Constitution and by law.
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If a president were recalled, who would take over?

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Ah, that's where the new reality TV show comes in...

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Here's a description of options at the state level:

The recall election is generally conducted in one of two ways. In some states, the recall election is held simultaneously with an election for the official's successor. In others, the recall ballot simply asks voters if the official in question should be recalled, and if a majority of voters vote "yes," the office is declared vacant.

In the six states where the election for a successor is held simultaneously with the recall election, the election is handled in two ways. In California and Colorado, the first question on the ballot is whether the official should be recalled. Voters are then asked to vote for a candidate for the office; the official who is the subject of the recall may not be listed among these candidates candidate. In the other states using the simultaneous model, the submission and certification of the recall petition essentially triggers a special election for the office, and the recall ballot consists of a list of candidates for the office. The name of the official who is the subject of the recall may appear on the ballot along with other nominees. In fact, in Arizona and Wisconsin, the name of the official being recalled is automatically placed on the recall ballot for reelection.

In the remaining 12 states, the recall ballot contains only the question of whether or not the official should be recalled. If the majority vote is "yes" for recall, the office is declared vacant and is filled at a special election or as otherwise provided by law, which in some states is by appointment for the remainder of the term. The chart below details how the recall election is conducted in each state.

I like the idea of a special election of some sort, rather than an appointment, or the next in line automatically filling the seat. I figure the VP would have the advantage of sorta-kinda-incumbency if he wanted to throw his hat into the ring... as long as the public didn't hate him too. If the public *did* hate him though (just speaking hypothetically, of course), then they could vote somebody else in.

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