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Posts Tagged ‘crisis

on the US political and social system in crisis: 2 – the head of state and the constitution

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Canto: So, as we’ve said, the most substantial difference between the US political system and the Westminster system adopted with slight variations by other English-speaking democracies is the position of Head of State. Here in Australia, as in Canada, New Zealand and Britain, Queen Elizabeth II holds that position, and she’s represented locally, outside Britain, by Governors-General. There are differences in each country, with their state and provincial governments and legislatures, but essentially all of these countries are constitutional monarchies in which the head of state and her representatives have extremely limited powers. The USA by contrast has a Republican government in which power and authority is supposed to rest in the people through their elected representatives.

Jacinta: But as you’ve said, the monarch’s power within the Westminster system has been eroded over time by legislation, and essentially given over to the people through their elected reps.

Canto: Yes, as discussed in a previous post, the liberal political philosophy of John Locke was utilised both in the draughting of legislation limiting the monarch’s power in 1689 (and subsequently), and in the draughting of the US Constitution in 1787. That constitution instituted three separate arms of power, legislative, executive and judicial.

Jacinta: It’s said to be the oldest continually operating constitution in the world, which may be an object of pride, but it may also be an obstacle to reform. Just saying.

Canto: What we’re most interested in here is the executive power, defined largely in Article II of the Constitution. The US President has Constitutional powers regarding the vetoing of Congressional bills and the pardoning of convicted persons. These powers are clearly controversial, never more than in the present situation.

Jacinta: And how do they compare with Prime Ministerial powers under the Westminster system?

Canto: Well you never really hear of them, much. The pardoning power, though, isn’t invested in the Prime Minister, it’s delegated to the member of government most responsible for legal matters, in Australia’s case the Attorney-General, and in England the Lord Chancellor. It’s signed off by the monarch or her representative. It’s rarely used, and never controversially as far as I can tell.

Jacinta: But that seems a definite improvement on the US system, spreading the power load, so to speak. And they don’t trade in politically charged pardons, as that would be political suicide.

Canto: As you might think it would be in the US, but often their President pardons people just as he’s about to leave office, when he can’t be re-elected anyway. And that’s another difference. There’s no time limit on the Prime Minister’s tenure, and his length of time in office is just as often dependent on his party’s shifting allegiance as it is on the electorate. So pardoning, when it happens, would tend to be a more consultative process than in the US. And of course there’s no Westminster equivalent to the US President’s veto powers – another limit to placing power in the hands of one person.

Jacinta: So now to the principal difference between the US system and the Westminster system, the fact that the US President is directly elected, albeit through the Electoral College.

Canto: Yes, and he selects his running mate, the potential Vice President, who goes through no electoral process at all. And then appoints a whole host of executive officers – Secretary of State, Secretary of Defence and so on, and on. This is disastrous when you have a populist but obviously politically naive and ignorant candidate, who unsurprisingly selects an equally moronic running mate. Again, compare the Westminster system, where elections are about parties, so that voters, if they’re informed, consider a number of factors which militate against pure populism. These include the policy of the party, the local member in their electorate, and the leader of their party of choice – a leader who is chosen by her peers on the basis of ability, style, popularity, party loyalty and other factors. You’re much less likely to get a witless outsider as your Prime Minister in such circumstances.

Jacinta: And what about an incompetent or criminal head of state? How do you get rid of him in the USA?

Canto: Well of course under the Westminster system the PM is essentially the captain of the party team, but there’s no problem with the team dumping their captain if they feel he’s letting the side down. This doesn’t have to mean an election, though of course it may lead to popular disaffection with the ruling party – but then again it could lead to a swing in the other direction. But the situation of a dud head of state in the US system is far less clear. The whole nation can apparently be held hostage by a President who refuses to recognise any curb on a power that’s already far greater than that of any other leader of a modern democracy.

Jacinta: Well, the serious problem the US finds itself in is highlighted by the confusion about Presidential power, with many pundits claiming in all seriousness that their President can’t be charged with a crime while in office. The absurdity of such putative immunity should be obvious to any sensible person.

Canto: And the President can’t be removed from office it seems, for example through losing the support of his party.

Jacinta: No, because the structure of government is so different there, with the President surrounding himself with his own personal appointees, who will naturally support him. Of course our PM personally selects his cabinet, but these are all elected representatives, members of the party elected to government. Their allegiance is above all to the team, not just to the captain. So what does the US Constitution actually say about removing a dud Prez?

Canto: Well not surprisingly, Article II also describes the conditions for removal of the President:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. The Constitution also allows for involuntary removal from office…

Jacinta: Wow, so it might be constitutionally possible to get rid of the whole gang in one fell swoop? Conspiracy with Russian (enemy) agents to win an election, doesn’t that sound like treason? But then there’s this shabby-sounding, very un-Westminster process called impeachment, an inherently doubtful political instrument, surely. Isn’t conviction enough?

Canto: Well, of course impeachment and the rules around it have become hot topics in recent times. We know for example that impeachment doesn’t necessarily mean removal from office, so again the ability of the US Head of State to worm his way out of almost every attempt to remove him remains a serious problem, and a pretty egregious failure of the system. But yes, impeachment is a chimeric blend of legal and political judgement/justice. In most democracies, or at least many, being charged with a crime would be sufficient for removal from office. But the reason, it seems, that this is such a problem in the US is that the head of the state’s ‘executive’ staff are appointed by him, unelected, and therefore none of them really have a mandate from the people to govern.

Jacinta: Well, despite all the problems, the US is headed for almost certain impeachment in this case…

Canto: Well, hopefully the Mueller charges will be comprehensive and wide-ranging, leaving little room for doubt among the majority. Currently, just about everything hangs on the Mueller findings, and we haven’t heard too much from the enquiry recently.

Jacinta: One problem seems to be that that new avenues for enquiry keep opening up almost on a daily basis. It’s like they’re sitting at a table covered in dishes of rich food, and the waiters keep coming out with new dishes before they’ve properly digested what they’ve got. At some point they might just shut the doors and say ‘stop, we’re full up and we’re hurting!’

Canto: But another problem is that the Head of State may choose not to resign after being impeached, claiming that everybody’s being treasonous except himself. What then?

Jacinta: Well we seem to be constantly entering new territory – because nobody has sufficiently considered the prospect of a demagogic but completely lawless head of state. What the USA needs to face, once this crisis is over – and it’s surely set to worsen over the next year or so – is that their system needs a drastic overhaul, with power being more distributed, less concentrated in one individual. That’s the screamingly obvious lesson that virtually no American pundits seem to have learned – so prevalent is the jingoistic disease over there. And currently it’s almost impossible to change their beloved constitution.

Canto: Yes I think we need to look more closely at their constitution and their future. Changing the constitution requires passing an amendment through both houses of Congress with a two thirds majority. But so many changes are needed, regarding Presidential powers (for example the appointment of White House officials and their staff), regarding the financial affairs of the head of state, regarding prosecution of the head of state, regarding the conducting of elections for the head of state. It’s really hard to know where to start, but they have to make their system more flexible, so that the adults can take over when absolutely necessary. I’m happy to stick with my prediction that the present incumbent will be out of office by year’s end, but I’m far less sanguine about it being a non-violent transition. And who will be the replacement? For the rest of the world it’s an embarrassment (and for some, merely a joke), but for the USA it’s a tragedy. Hopefully, though, some vital, if humiliating, lessons will be learned.

 

Written by stewart henderson

July 8, 2018 at 9:57 pm

Posted in head of state

Tagged with , , ,

solving the world’s problems, one bastard at a time..

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Canto: Let’s talk about something more gripping for a while. Like, for example, the global political situation.

Jacinta: Mmmm, could you narrow that down a bit?

Canto: No, not really… Okay, let’s take the most politically gripping issue of the moment, the possibility of nuclear annihilation for thousands of South Koreans or Japanese – and then North Koreans – due to the somewhat irresponsible launchings and detonations of massively destructive weaponry by a guy who we can reasonably assume to be intoxicated with his own power – and I do believe power to be the most toxic and dangerous drug ever conceived. And then we can talk about all the other issues.

Jacinta: Well as for the Kim jong-un issue, I suspect I can speak for a lot of people when I say I oscillate between dwelling on it and dismissing it as something I can do nothing about. What else do you want me to say. To say I’m glad we’re not in the way of it all would seem inhumane…

Canto: Do you have any solutions? What should we do from here?

Jacinta: We? You mean ‘the west’? Okay, from here on in, I’d cease all direct communications with Kim – all threats, all comments, everything. That only seems to make him worse.

Canto: But it can hardly get worse. Don’t we need to act to remove his threats, which are a bit more than threats?

Jacinta: Well of course the best solution, out of a bad lot, would be to have him disappear, like magic. Just deleted. It’s impossible, but then I’ve heard some people do six impossible things before breakfast.

Canto: He’s only 33 apparently, and according to Wikipedia he’s married but childless…

Jacinta: I’m not saying deleting him would be a good option, it’d presumably cause chaos, a big power struggle, a probable military takeover, unpredictable action from China, and all the weaponry, such as it is, would still be there. And we have no idea how to do it anyway.

Canto: I’m sure they have some plan of that type. The CIA’s not dead yet.

Jacinta: Yeah I’m sure they have some back-drawer plan somewhere too, but I wouldn’t misunderestimate the incompetence of the CIA.

Canto: So what if we follow your do-and-say-nothing policy? Don’t aggravate the wounded bear. But maybe the bear isn’t wounded at all. NK just detonated something mighty powerful, though there’s some controversy over whether it was actually thermonuclear. Anyway it’s unlikely the country just developed this powerful weapon in the few months that Trump has been acting all faux-macho. Who knows, this may have taken place if Clinton or someone else was in power in the US.

Jacinta: Interesting point, but then why are so many people talking about tit-for-tat and brinkmanship? They may have had the weapon, and maybe a lot more, but Kim’s decision to detonate it now, to show it, seems to have been provoked. It’s classic male display before a rival. Think of the little mutt snapping at the mastiff’s heels. Fuck you, big boy, I’ve got teeth too.

Canto: Yeah, but this little mutt has teeth that can wipe out cities. In any case, now he’s been provoked, and it’s unlikely that Trump and his cronies are going to damp down the belligerent rhetoric, the rest of us seem to be just sitting tight and waiting for this mutt to do some damage inadvertently/on purpose, and then what will happen? Say a missile goes astray and lands on or near a Japanese city? Untold casualties…

Jacinta: I think China will be key here. Not that I have any faith in the Chinese thugocracy to act in any interest other than its own.

Canto: Or the Trumpocracy for that matter.

Jacinta: I suspect China might step in and do something if it came to the kind of disaster you’ve mentioned. Though whether they have a plan I don’t know. I wouldn’t be surprised, actually if they’re having urgent closed-door talks right now on how best to take advantage of the crisis.

Canto: Well don’t worry, Trump and our illustrious leader are have a phone call today to sort it all out.

Jacinta: I’m really not sure what there is to talk about. An American first strike would have horrific cascading effects, and upping the tempo of military exercises in the neighbouring regions will just make Kim more reckless, to go by past experience. So if we don’t have any communication directed at him, he might continue with building bombs, but he would’ve done that anyway. So, though we’re not making matters any better, neither are we making them worse, which we are doing by goading him. Meanwhile we should be talking around NK. It’s like the elephant in the room. No sense talking to the elephant, he doesn’t speak our language (actually that’s a bad example, as intelligent mammals elephants have a lot in common with us…). Anyway we should be talking to significant others to try to build a team that can deal with the elephant.

Canto: Teamwork, that seems highly likely.

Jacinta: Yeah, I know everyone has a different agenda with regard to the elephant, but surely nobody wants to see anyone nuked. And the US shouldn’t be wasting its time talking to Australia, though I suspect Trump will be talking to Turnbull re troop commitments rather than any serious solution.

Canto: And by the way, we’re talking about Trump here, he’s never going to quit with the macho bluster. That’s a given.

Jacinta: All right so all we can do is hope – it’s out of our hands. But it seems to me that all his advisers are telling him a first strike isn’t an option, so maybe he will listen.

Canto: Maybe he’ll listen about the first strike, but he won’t stop the bluster and the goading. So Kim will continue to react by testing missiles and such, until something goes horribly wrong, and Trump will feel justified in delivering a second strike, and things’ll get very bloody and messy.

Jacinta: Okay, you’re getting me depressed, but if I can return to teamwork, the thing to do is get the team on board – the UN as well as the key players, China, Russia and of course South Korea and Japan. That means putting aside all the bad blood and really working as a team.

Canto: To do what? Get NK to stop producing nukes? Putin has already said that would be a no-goer, given their position.

Jacinta: Right, so that would be a starting point for discussion. Why does Putin think that, and what would be his solution, or his advice? And China’s? I’m assuming everybody’s uncomfortable about NK, though some are clearly more uncomfortable than others. So get a discussion going. What does Russia think the US should do about NK? What does China think Russia should do? Does anyone have good advice for South Korea?

Canto: You’re being hopelessly naive. I suspect Russia and China would approach this issue with complete cynicism.

Jacinta: Well let’s be well-meaning rather than naive. I think we’re inclined to be a co-operative species. I think cynicism can dissipate when confronted with a genuine desire to listen and co-operate. You know I’ve described all of the main actors here – Trump, Putin, Li Keqiang and his henchmen, and of course Kim Jong-un, as macho scumbags and the like, but maybe its time to appeal to the better angels of their natures, and ours, to find a peaceful resolution to this mess.

Written by stewart henderson

September 6, 2017 at 12:22 pm