Posts Tagged ‘US constitution’
Will the USA ever reform its federal system? I wouldn’t hold my breath.
the USA is flagging
So I’m writing this on the last day of the Trump ‘administration’, and I don’t know if I’ll finish it today, and currently I don’t know if Trump will come out with the hundred or so pardons that some reporters are predicting, or if there will be one final attempt at insurrection, or if any more lives will be lost etc etc.
Whenever I write about Trump I feel as if I’m repeating myself for the nth time, and of course I know that virtually nobody reads my blog and I basically get no feedback on it. Still I feel compelled…
Robert Sapolsky begins his book Behave (and he presents this orally on a video available on Youtube) with a fantasy about what he would do with Hitler if he could’ve gotten hold of him at the end of the war. It isn’t nice. As he points out, he’s a liberal fellow, and opposed to capital punishment, but – humans are complex and contradictory. I’ve had similar fantasies about Trump, among others – in fact I might blame Sapolsky for giving me permission. But seriously, I’ve had fantasies about doing horrible things to horrible people long before I read Behave. I’ve long had a kind of visceral loathing of bullies and thugs, whether they’re world leaders or in the local neighbourhood, possibly because I was bullied quite a bit at school, being the smallest kid in my class for about ten years. When in the morning I read or listen to the latest horror story about Trump, or Putin, or some other apparently unpunishable tyrant, I get so mad that my dog, who regularly sleeps on my bed, starts shaking and looking at me with either fear or, I like to think, reproach.
I think I’ve been following the Trump debacle, or what I’ve called the slo-mo train wreck, because I’ve been wanting it to end like the movies, with the villain crashing and burning. And again to emphasise our complex and contradictory impulses, I’ve been hoping, and am still hoping, that Trump ends in gaol, but I’ve also been convinced, since before he decided to claim that he was a politician, that he wasn’t a ‘normal’ person, that there was something fundamentally wrong with him, and that he’s been this way for his entire adult life, and more. And I’ve become convinced, over the years, that free will is a myth, and that this has major implications for our systems of punishment, incarceration and the like. So what should be done with Trump? My feeling is that anyone with an average degree of intelligence and psychological insight should be able to see that this man should be kept away from any position of public responsibility. He’s an extremely, narcissistic, tantrumming pre-adolescent, and has been for 60 years. This is someone who couldn’t manage a public toilet, let alone the government of an uninhabited island. And yet he was put in charge of the most militarily and economically powerful nation on the planet. I don’t blame Trump for this, I blame the USA, and its federal political system.
The USA is, as I’ve written before, exceptional in two things, its religiosity and its jingoism. As a non-believing non-American, a dual citizen of the UK and Australia, where I’ve lived since the age of five, I struggle with my lack of sympathy for these American features. I’ve never waved a national flag or sung a national anthem in my life, and I never will. I feel a kind of emotional aversion to nationalism, and I suspect any explanation will simply be post-hoc rationalisation. So Trump’s patriotism, which is as fake as his religion, his complexion and his business acumen, naturally gets my goat, but it isn’t Trump I want to write about here.
Since realising that Trump was being taken seriously as a contender for US President, I’ve been following US politics like never before, and what I’ve learned has frankly horrified me, and continues to do so. Their federal system and their presidential system are real shockers, and frankly seem to be a disaster waiting to happen. There are plenty of pundits happy to dump on Trump of course, but hardly any are willing to dump on a system that allowed Trump to manipulate it so effectively (though it was more like bull-in-a-china-shop behaviour than calculated manipulation). I would cite Fareed Zakaria as an honourable exception, but his obvious Indian accent suggests that he hasn’t been fully infected by the native jingoism that his colleagues appear to suffer from.
So here – again, but with additions – are some of the glaring problems of a political system, and some political beliefs, that no nation in its right collective mind would want to emulate.
1. The ‘constitutional president’ becomes so as a result of a popularity contest between one superhero and another, in keeping, apparently, with ‘American individualism’. The ultimate recipe for demagoguery. These superheroes are either worshipped or reviled, and remembered by their numbers!
2. The Presidential candidate gets to choose his own running mate, plucked from the general population.
3. The President gets to choose a whole suite of personnel, or courtiers, to effectively run the country for the next four years, with only limited vetting, and has minimal contact with the parliament – living, during incumbency, in a White Palace.
4. Major elections occur every two years, last far too long, and involve obscene amounts of money, inevitably leading to corruption.
5. The political system is based on a much-worshipped, brief, vague and out-dated constitution, written for a small semi-democratic former British colony, and hopelessly inadequate for the needs of the third most populous country in the world. This urgently needs to be supported or replaced by laws, and lots of them.
6. The American people’s attitude to government, from the outset, has been disturbingly negative, so that interventionist government of any kind, to improve healthcare, education, race relations and so forth, is branded as socialism – the dirtiest word in the American language. And that’s something, considering the country’s religiosity, where the most lively and fun ‘curse-words’ aren’t even allowed on TV!
7. The popularity contest for the nation’s presidency is interfered with by an ‘electoral college’, which is state-based and regularly prevents the winner, based on popularity, from actually winning!
8. The President has exceptional pardoning powers, veto powers, government shut-down powers, power to select members of the judiciary and heads of innumerable government departments, as well as, apparently, total immunity from committing offences, however grave, while in office.
9. It follows from the above that the political process known as impeachment would be surplus to requirements, and all politicians’ wrong-doing, up to and including the President, would be dealt with by the judiciary on the basis of law.
The USA should look to the government of its neighbour, Canada, which has a far better political system, but it is of course prevented from doing so by its pathological jingoism. My hope is that the USA might be pressured by the international community to be more reformist in its approach to its national government. It’s a faint hope, of course, but the wreckery of the Trump period has, at least, exposed many glaring deficiencies. Gentlemen’s agreements aren’t anywhere near sufficient to keep ‘commanders-in-chief’, in a nation bristling with nuclear weaponry, with an at times disturbing superiority complex, in check.
what Americans will never do to save their democracy
– stop relying on their gentlemanly 18th century constitution and create more L-A-W.
– reduce the presidency to a figurehead and place more power in the congress where it belongs
– encourage a wider range of parties to create an effective multiparty system which works by compromise rather than a two-party adversarial system which encourages hostility and winner-takes-all
– get rid of these worthless, ridiculous presidential debates (goes with reducing the power of the presidency)
– cap individual and corporate campaign contributions at a very low level.
– ban all electioneering claptrap until 2-3 weeks before elections
– thoroughly vet all presidential candidates via testing on US political history, presidential responsiblities, US foreign relations, treaty obligations etc A vetting for the job as for any CEO position. Duh!
Americans need to stop blaming Trump, and take responsibility for their broken system
So there was a Presidential debate the other day, and it went as expected, by all accounts. I didn’t watch it, and never had any intention to. I’ve taken a strong interest in US federal politics in the past 4-5 years or so, with the advent of Trump, but in watching cable news I’ve always had the remote handy so as not to have to hear anything coming out of Trump’s mouth, or the mouth of some of his acolytes. Trump’s presence and position makes me feel enraged, a feeling of actual violent loathing which has always come over me when I encounter bullies. This has nothing to do with politics, or at least political ideology. Of course bullying is a feature of politics. The term ‘authoritarian leader’ is generally a euphemism for a bully, and we all know who the current ones are.
However, as a person who, if not philosophical, has read a fair amount on philosophy and psychology over the years, I try to use those insights to calm and divert. For example, there’s the issue of free will, which I won’t go into in detail here, but we’ve learned – from the Dunedin longitudinal study, for example – that early childhood shapes our character far more than most of us are willing to admit. This often goes unnoticed because most of us have had relatively normal childhoods within the broader social milieu, which also shapes us to a large degree. However, as a person who has been in fairly close contact with highly dysfunctional families and the children born of them, the long-term or permanent effects are clear enough. In the case of Trump I don’t want to speculate too much, but it’s clear from family members, long-term witnesses, and psychological and neurological professionals, that Trump’s seriously damaged persona was in place from a very early age. Many of those who’ve known him longest say things to the effect that you have to think of him as an eight-year-old, or ten-year-old, or pre-adolescent, and it would indeed be worthwhile if neurologists could gain access to his pre-frontal cortex, which of course will never happen now. Some argue that he has deteriorated in recent years, and of course I can’t respond to that in any professional way, but I’m certainly skeptical. The bluster, the attention-seeking, the endless repetitions, the perverse doubling down, and the complete inability to say anything insightful or thought-provoking, these all represent a pattern of speech and behaviour that hasn’t changed in the couple of decades since I first encountered him. Of course this behaviour is exacerbated when he’s under pressure, and it’s this pressure and scrutiny, rather than his age, that gives the impression of deterioration, IMHO.
I’ve described Trump, only half-jokingly, as a pre-teen spoilt brat turned crime machine, but whatever descriptor you choose to use, it should be clear to any reasonably sane and insightful observer that he’s not normal – and that this abnormality has entirely negative features, such as extreme selfishness, vanity, incuriosity, vindictiveness, blame-shifting and solipsism, which tend to damage others far more than himself, and which explains the title of Republican strategist Rick Wilson’s book Everything Trump touches dies. But of course Trump himself bustles and blunders on, and on. Indeed in some business and political environments, these ‘qualities’ can be very beneficial to the individual endowed with them, as Trump’s business career, however ‘fake’, has shown.
It’s this environment that needs to be analysed with a view to cleaning it up, so that those people like Trump, and the greatest influence on his life, his father, are unable to thrive. Think of Vibrio cholerae in faecally contaminated water. Draining the swamp indeed.
I have written before about the political reforms that are urgently required, though I recognise that many of them will never be instituted, until it’s too late. Business and judicial reform are also urgently required, and perhaps the silver lining to the Trump debacle will be some long overdue attention to these areas, when and if the nation survives this crisis. I’m reluctant to make suggestions in fields in which I have little or no expertise, but I’ll make some anyway. In doing so, I’ll claim the benefit of being an outsider, as I note that very few American pundits, in spite of their obvious intelligence and wealth of knowledge, make mention of them.
- Vetting
Americans love to boast that, in the land of opportunity, anyone can become the nation’s President. It’s great for inspiring schoolkids, but have they really thought this idea through? The USA, as many of its inhabitants love to tell us, is the most powerful country, militarily and economically, in the world. It surely follows that any candidate for the highest office in that exalted nation, that of actually leading it, in the manner of a CEO, should be fully versed in its operations, alliances, strengths, weaknesses, opportunities and threats – as would be expected of any other potential CEO. Herein lies a major problem of democracy – populist demagoguery. Because of America’s direct election system, Trump could bring his circus cavalcade directly to the people, in the teeth of scorn from Republican stalwarts, most of whom fell in line with him over time. Trump had had no experience in any form of government, and the business cognoscenti knew very that Trump’s businesses were shambolic. So the warning signs were clear and obvious from the beginning of his candidacy.
Under variants of the Westminster system, used in every other English-speaking democracy, there’s an informal vetting system that, in a sense, flies below the radar. To become Prime Minister (primum inter pares – first among equals) you need to have already won a local election, and to have impressed your parliamentary colleagues as a worthy, articulate, responsible, collegial leader. It’s not a foolproof system of course, but by its nature it emphasises the team as much as its leader. As with a soccer team, the Prime Minister, the Captain, is just perhaps the most prominent member, and if she loses form, or ‘goes rogue’, she can be replaced without too much fuss. The team may be affected, but not massively disrupted. But consider the US situation, where the presidential candidate, or candidate for Captain of the soccer team, gets elected by the people because of all that she promises, in spite of never having played soccer in her life, knowing nothing of the rules, and after being elected, gets to choose her own team all of whom are just as clueless about soccer as she is. That isn’t far from the current American situation. The President, or Captain, needn’t worry about a revolt from within, no matter how poorly the team is performing, because they owe the captain their highly lucrative jobs, which they would never have gotten without her.
After the failed impeachment process earlier this year, the American pundit Chuck Rosenberg said something that made my jaw drop. He said that removing a President from office is and should be very difficult. That the US is, fortunately, not like Britain, where the PM can be removed by a simple vote of no confidence by his party. I believe the exact opposite to be true. Of course, there’s a sense in which Rosenberg is right. Under the highly problematic US federal system, removing a President creates a crisis unlike anything created by the removal of a Prime Minister under the Westminster system. Under the US system, this completely unvetted President gets to choose his own running mate, who is likely to be no more competent than the President, a very low bar in Trump’s case. Indeed the President gets to choose a whole team of sycophants to ‘run’ his administration, none of them elected by the people. So, yes, given this autocratic system, dumping the President is indeed a dangerous event. The Vice-President, barring illness, must take over, in spite of never having been independently elected. Under the Westminster system, however, dumping the Captain allows other elected team members to put their candidacy forward, and the team, the whole membership of the right or left wing party that’s in power, gets to choose a new Prime Minister – again based on the qualities described above.
2. Power
Special executive powers, veto powers, power to shut down the government, power to select a team of unelected Secretaries (State, Defence, Treasury etc) – performing the role that previously elected Ministers perform under the Westminster system, as well as extraordinary power over the judiciary, including personally selecting an unelected Attorney-General with apparently unlimited power to over-ride judicial decisions as well as to personally determine the legal liability of the President while in office. These are the gifts bestowed upon the person of the incoming President by virtue of his winning a majority of Electoral College seats. Compare Prime Ministers, who must go to work within the parliament, leading the debates, under the constant scrutiny of his fellow ministers and colleagues, and within spitting distance of the opposing elected representatives.
It seems obvious to me that an American President’s position, between elections, more closely resembles that of a monarch, only slightly hindered by a sometimes oppositional Congress/Parliament, than does the position of a Prime Minister under the Westminster system. And now we see that the ‘monarch’ can even go a long way to manipulate the forthcoming election in his favour. As many American pundits are finally noticing, a ‘gentleman’s agreement’ Constitution is wholly inadequate for reining in a President who is not in any sense a gentleman, but will Americans ever be self-critical enough to enact clear-cut laws limiting Presidential power, forcing tax disclosure, setting clear and enforceable guidelines on emoluments, and ensuring a uniformly free and fair federal electoral system? Time will tell, but I certainly wouldn’t bet on it.
3 Hero worship
Sections 3 and 4 are less about the USA’s political system and more about its political culture, so will I suspect be much more difficult to change.
Contrary to popular belief, Superman wasn’t born on the planet Krypton, but in Cleveland Ohio. Batman and his boyfriend Robin were born in New York, not Gotham City. Spider-Man, Wonder-woman as well as mere mortal heroes such as Rambo, Indiana Jones and John McClane were all typically American do-goodnicks and swamp-drainers, and no doubt classic presidential material. They seem to me to testify to a somewhat naive national tendency of Americans, a desire to place their trust in heroic individuals rather than teams, programs, policies and processes. Presidents are recalled by their numbers, worshipped by their admirers and reviled by their detractors, whereas in most other democracies, leaders evoke much milder emotions and are soon forgotten once replaced. Presidential elections are hyped to a mind-numbing degree, involving grotesque expenditures and apparently mandatory gladiatorial debates. All of this OTT razzle-dazzle seems almost designed for self-aggrandising con-artists like Trump, and it’s clear that he revels in the circus and the adulation. Much of his Presidency has been nothing more than a punctuated campaign rally. How to dial the nation down from all this hyperventilating claptrap? Possibly the Trump overdose might actually help. Once Trump’s dumped, a look around at how so much of the world is faring very well without American exceptionalism may lead to an extended period of good sense and sobriety – and a unity never before experienced, but which will be necessary to save the country’s reputation.
4 Partisanship and Tribalism
This, admittedly, is now a global problem. Social media, much of it headquartered in the USA, has led to huge increases in conspiracy theories, vaccine ‘hesitation’ groups, flat-earthers and other mind-numbing activities and belief systems. It’s becoming rare to find people reading old-fashioned newspapers with their diversity of takes on current affairs. The viciousness of Youtube political commentary is there for all to witness. People are throwing verbal bombs at people they’ll never meet, whose human lives of friendship, humiliation, suffering, struggle, anxiety and achievement they seem not even to know how to care about. We tend to see this trend as predominantly American, perhaps because we’re inundated by American media here in Australia and most other far-flung English-speaking countries. We constantly see videos of “ordinary Americans” apparently beset with certainty and contempt, however mask-like and brittle. It does seem like Trump has set this agenda, but many pundits also argue that the country has been polarised in this way for generations. The tragedy for Trump supporters is that they get so little in return for their adulation, and it seems the most disadvantaged and desperate are the most deluded. As I’ve argued from the beginning of this presidency, it’s highly unlikely to end with a whimper. The worst is surely yet to come. I’m certainly not wishing for it, but it may be the only outcome that can shake the country out of its ‘exceptionalism’, and towards a more realistic program of political (and media) reform and cultural healing.
reading matters 3
Will he go? Trump and the looming election meltdown, by Lawrence Douglas, Professor of law, jurisprudence and social thought, Amherst College
Content hints
- failure of impeachment, high crimes and misdemenours, rigged voting, media scum, sleepy Joe, election hoax, treason, fraud, shades of 2016, tweetstorms, dictator worship, Putin, Erdoğan, Orbán, the USA’s quaint constitution, pathological lying, Presidential authority to ban media, Trump as weak authoritarian, foreign interference, catastrophic scenarios 1,2,3, the unforeseeable, the electoral college and faithless electors, uniquely awful system, hacked elections, profoundly antidemocratic outcomes, gerrymandering, swing states, 12th amendment, enemies of the people, problems of peaceful succession, civil war, hang on, bumpy ride.
the wanker in the white palace 3: the impeachment failure
It’s not accurate to say that impeachment was bound to fail in getting rid of the wanker, but it became increasingly obvious that it would fail, because too many politicians feel they owe their livelihood to him, or their prestigious position as ‘lawmakers’ and public personae. And of course there are a few who are too stupid to see what a wanker the wanker is, but they’re a small minority.
In this blog I’ve often stated that impeachment is a piece of shite. It would be nice to imagine that this latest débâcle would be enough for it be entirely expunged from the political system, but of course that won’t happen. This is the USA we’re talking about, after all.
It’s an odd term, derived from empêchement, a ‘prevention’ or ‘impediment’ from the verb empêcher. It’s used in many countries but has always struck me as an inadequate substitute for solid L-A-W law, as has been shown in this recent case. Of course, in order for this substitution to be effective, the administration of the law needs to be entirely separate from government. This is proving to be a problem in ‘the world’s greatest democracy’.
Three Presidents have been impeached. None of them have been removed from office. It all seems to be an expense of spirit in a waste of shame. But getting rid of impeachment, unfortunately, is just the beginning. I’ve already pointed out some of the failings of the Presidential system in general. Massive power, massive immunity. Are Americans really this stupid?
Yes, they are, or maybe it can happen to any state that promotes an uncritical, worshipful attitude towards its constitution, which, in the case of the USA, has created a Constitutional Presidency on the basis of the British Constitution Monarchy. And there’s no doubt that, at the outset, it was an improvement on the British system, which had, and still has, a hereditary monarch, rather than an elected President. However, the Westminster system has evolved since then, with the monarch’s power gradually reducing to, essentially, nothing, and all power being held by the duly elected parliament, a team with a team leader, working within the parliament, not in a white palace surrounded by thuggish hand-picked courtiers, who, unless they’re responsible citizens – the last people the wanker would choose – need know or care little about the workings of congress.
The USA regards itself as the first modern democracy. Not true. The very reason the founding fathers looked to the British system as a model was because of its parliamentary system, which, without doubt, the founding fathers improved upon. But, following the British system, with its minuscule franchise, those founding fathers, fearful of the ‘unenlightened’, made sure that the unpropertied and feeble-minded – the natives, the blacks and the women, were excluded from any say in government. And just to emphasise the woman issue, no country on this planet can call itself a modern democracy that doesn’t allow half its adult population to vote. American women weren’t given the vote till the 1920s, almost 30 years after women in my region were given it.
But really, all questions about democracy in the USA are now up for grabs. Things will get worse. It’s preposterous to imagine that the wanker (and this epithet shouldn’t entail under-estimation – he’s been made an extremely dangerous figure by the US political-economic nexus) will give up power peacefully. He’s been taught that he’s an eternal winner, so fasten your seat belts, it’s gonna be a bumpy year.
Laws are more important than constitutions, get it?
Watching proceedings from afar against Trump and his blundering bovver boys, I become more agitated than I probably need to, but I quite often find my frustration directed more at the prosecutors than at Trump’s mostly contemptible allies. For example, MSNBC commentators and many of their guests, not to mention Nancy Pelosi, are still claiming that the crime here is bribery, when it’s clearly extortion, which is generally considered a more serious crime.
So what’s the difference? It should be obvious. A bribe generally involves appealing to a person’s venality. It’s usually presented in positive terms, as in ‘I’ll make you rich beyond the dreams of avarice if you just do this dirty job for me’. Extortion however is presented in more menacingly negative terms – ‘if you don’t do this dirty job for me, you’ll really really regret it’. Now, it’s notable that the infamous phone call from Trump was relatively polite, which is why he’s trying to characterise it as ‘perfect’. After all, by his boorishly bullying standards, it probably was. The near-polite asking of a favour, then, might be characterised as a bribe, but what was happening behind the scenes, directed by Trump, was definitely extortionate. That’s why focussing on the phone call as the main incident is definitely a mistake, and that’s why Giuliani, Mulvaney and Trump himself need to testify, and should of course be made to, and jailed immediately if they refuse, as should happen in any nation worthy of respect.
But this would only happen if the matter was being dealt with in court – where of course it should be dealt with.
Americans are profoundly worshipful of their constitution and their founding fathers. Indeed they seem to have been fine, upstanding, as well as colourful fellows. It’s my view, though, that given current circumstances, they’d have been the first to realise that the constitutional provisions for dealing with a law-breaking, rogue President were wholly inadequate. This isn’t surprising – experience is the best teacher in these matters, and the US experience has been mostly of Presidents priding themselves on being ‘gentlemen’. This is the only silver lining of this presidency, that it has exposed manifold inadequacies of the constitutional presidency system.
Constitutions are guides to how governments are to be constituted. I don’t think the framers of this or any other constitution ever imagined that later followers would expect that it constituted the entire law under which the head of state operated. That, to me, is virtually proven by the vague and minimalist treatment of the legal liabilities of the President in the US Constitution. Surely the founding fathers took it for granted that the President would be subject to all the laws of the land that any other citizen would be subject to. How could it be otherwise for someone in leadership, someone expected to set an example? Even minor infractions would be seen as ‘the thin end of the wedge’, and generally this is the case under the Westminster system.
The worst argument that could possibly be given for the kind of immunity granted to the US President is that he’s too powerful to be charged with a crime. You might call this the Putin argument (or the Stalin, Ghengis Khan or Ramses II argument, or name your favourite dictator). The argument hasn’t improved over the last 3000 years.
America’s disgrace – presidential criminality in plain view
As an outsider looking in, I’m appalled by the US Presidential system, and the licence given in that country to its head of state. I’ve learned over the past few years of watching the slow train wreck that is this presidency, that the US head of state is granted a level of immunity that should never be granted to any individual in a democracy. This is a total disgrace, and seems to have infected the judgment of many observers and commentators. I suspect they’re blinded by the power granted to the US head of state, and by the ease with which anyone, no matter how corrupt and incompetent, can become the head of state (providing they have sufficient funds and influence). Presidents in the USA seem to be idolised beyond normality, in a land of Superheroes. This love of Superheroes, in film and elsewhere, is a somewhat juvenile trait, and a dangerous one. Its dangers have generally gone unnoticed because most US heads of state have been cognisant of, and respectful of, the rule of law. The problem has become evident with the advent of a charlatan posing as the greatest Superhero of all, and who is perfectly willing to take advantage of the power granted to him to realise any of his whims and desires.
Just today, at the end of the first day of public impeachment hearings, I’ve listened to the opening statement of career diplomat George Kent. His statement highlighted for me the enormous damage done to a sovereign state, Ukraine, by those working for the personal interests of this President. And yet I heard a panel of journalists, I believe from CBS, more or less agree that there was wrong-doing which however wasn’t impeachable. I couldn’t help but feel that this commentary was shocking and disgraceful.
Impeachment is a process derived from the United Kingdom, where it is now obsolete. It has never been a part of the Australian system and should, I think, be removed from any democratic system, and replaced by solid, clear law. Hopefully Americans will wake up to this one day, though I’m hardly sanguine about it.
Americans – and I’m really talking here about the intelligentsia – seem overly obsessed with their constitution. Some are even describing this latest crime of their President as bribery, simply because that crime gets a specific mention in the constitution, which is preposterous. The eighteenth century constitution doesn’t go into great detail about the crimes a President might commit, nor should it, because it should be evident that the President would be held accountable for any law-breaking, to the same extent as any other US citizen. To accept or facilitate any other outcome for the head of state would itself be a form of corruption or criminality.
The US President, and his acolytes, notably Rudi Giuliani, are clearly guilty of extortion – demanding a thing of great value for the President, with menaces, or via coercion. This crime has essentially been proven. This particular case is also at the very high end for this type of crime, as it involves the extortion of an entire nation, an ally of the USA, endangering countless lives and a nation’s freedom. A very hefty prison term should be demanded for all involved. This should not be in any way controversial.
Failing this – impeachment? To describe this as a poor substitute would be the greatest understatement in American history. The democratic world watches with bemusement tinged with contempt.
Trump and the USA’s failure, part 2: effective law and distributed power
I have established the republic. But today it is not clear whether the form of government is a republic, a dictatorship, or personal rule.
Mustafa Kemal Ataturk
Australia has a Constitution, and so does Britain, but we don’t talk about them much – they don’t loom so large over the political system. The Westminster system doesn’t have an impeachment process, for the obvious reason that it is surplus to requirements. Due to its being a political process, impeachment is an unmitigated disaster.
So what happens, under the Westminster system, if a Prime Minister ‘goes rogue’ and either breaks the law or conducts herself in a manner contrary to the nation’s interest?
Well we need to step back a little to answer this question, because, under the US system, an elected President can be a rogue from the start. Trump is a clear case in point. Trump was, of course, far from being regarded as kosher by the Republican powers-that-be when he first suggested himself as a Presidential candidate, so he took his Barnum & Bailey campaign directly to the public, and in doing so highlighted the central problem of democracy, recognised two and a half thousand years ago, by Plato and Aristotle, who were unabashed anti-democratic elitists. The problem being, of course, demagoguery or populism – the notion that the public can be easily swayed by a candidate who promises everything and delivers nothing. The fact that this remains the most central problem of democracy surely says something about humanity in general – something that we may not be able to fix, but which we need to be on our guard against. Democracy is in fact a seriously flawed system – but far better than any other political system we’ve devised to regulate our seriously flawed human nature.
Under the Westminster system it’s far more difficult (though perhaps not impossible) for a ‘rogue from the beginning’ to reach the top of the political tree, because Prime Ministers aren’t directly elected. In fact the Westminster system has no correlate to the US presidential system, its general elections being much more correlated to the US mid-terms. This means, in effect, that under the Westminster system there is one set of general elections to two under the US system. Having two sets of general elections every four years seems a little over-indulgent. It means that you’re always preparing for or recovering from some election or other, and I’m not convinced that this is a good thing for your political health or your economy. And if you were ever to consider dispensing with one of those two sets of elections, clearly the Presidential elections should be the one to go.
Of course, this is sacrilege. Americans are obsessed with their Presidents – they even remember them as numbers – it’s bizarre. But it’s part-and-parcel, of course, with US individualism. It’s not surprising that the superhero is largely a US phenomenon. Many of your worst movies feature a Rambo or Indiana Jones-like character who single-handedly wins out over the baddies, often against a background of official incompetence or corruption. Think again of Trump’s OTT drain-the-swamp campaign rhetoric. And speaking of OTT, let’s not forget the carnivalesque razzamatazz of US Presidential elections, and the oodles of money that candidates are expected to raise, for no reasonable reason as far as I can see.
So, bearing all this in mind, let’s compare the situation and the job description of a Westminster-style Prime Minister with a US President.
Generally the Prime Minister is already an elected member of a party (either of the left or the right) and is chosen by parliamentary members of that party to be leader – much like a captain of a soccer team is already a player in the team and has proven herself to be experienced and knowledgable about playing the game and getting results. She has, in other words, earned the respect of her fellows. The Prime Minister works alongside her fellows, and under the scrutiny of her opponents, in the parliament. The President, on the other hand, is completely separate from parliament and surrounded by his own hand-picked team of very powerful courtiers, who need not have had any previous political experience.
The Prime Minister is able to choose her own cabinet, but only, of course, from elected members of parliament. All cabinet ministers, and indeed all MPs, are under continual scrutiny from other members of the House or the Senate. If the Prime Minister herself (or any other minister) is thought to be ‘going rogue’ or underperforming, she can be subjected to a no-confidence or censure motion in the House – requiring a simple majority. These have sometimes been successful, resulting in a change of Prime Minister between federal elections. While traumatic, such changes of leadership have nowhere near the impact that a change of President would have, since under the Westminster system the power is far more distributed, the team is far more important than its captain. The ‘great man’ Presidential system is such, however, that the only feasible way of dumping a President is by impeachment – an overly elaborate and highly political procedure that is almost designed to inflict trauma upon the populace.
There is, of course, no provision for impeachment in the Westminster system, and there has never been any need for such a process. A Prime Minister can, of course, be dumped for any number of reasons – most of which fall very far short of high crimes and misdemeanours. However, if a Prime Minister does go that far, she would be dealt with by law. There’s no suggestion under the Westminster system that a Prime Minister or any other minister or government official, would be immune from prosecution while in office. To me, the idea is totally absurd, for it seems far more reasonable that the precise opposite should be the case – that a country’s leader should be held to a higher legal standard than any other citizen. In other words, with great power comes greater legal responsibility, as a matter of course. Any political system that operates otherwise is simply rotten at its very core. It follows that the nation’s body of law, not the constitution, should govern the behaviour of those holding high office in government. For example, gaining a financial benefit from holding high office, other than the official salary and benefits that accrue to that office, should be illegal and cause for immediate dismissal in the most straightforward way. Contravening campaign finance laws should also be dealt with severely and immediately. If this causes a crisis in government, then clearly the system of government needs to be reformed, not the law. The constitution is at best a quasi-legal document, a laying out of the political system and the roles of its component parts. As an eighteenth century document, it can’t possibly be expected to cover the legal responsibilities of 21st century office-holders. That’s the vital role of a living, constantly adjusting body of law, to keep up with the legal responsibilities of a constantly modernising and complexifying political and business sector.
But let me return to the situation of Presidents, and candidates for the Presidency, since it’s unlikely that the US is going to give up on that institution.
You’ve learned the hard way that a rogue from the outset can bypass the traditional party system and win enough popular vote – with the help of a foreign nation – to become the leader of the most militarily and economically powerful nation on earth, despite having no political experience, no understanding of his nation’s history, no understanding of the geopolitical framework within which his nation operates, and no understanding of or interest in the global issues that all nations need to work together to solve. In other words, you’ve learned the hard way that anyone can indeed become your President, no matter how unsuited they are to the position. So how do you stop this from ever happening again?
Well if you insist on maintaining a system which ultimately pits one superhero against another, then you need I’m afraid, to admit to a serious but really rather obvious deficiency of democracy – the attraction of the demagogue (and I leave aside here the inherent problems of a state in which so many people can be hoodwinked). You need to vet all Presidential candidates with a set of questions and problems pertaining to both character and knowledge. Character questions wouldn’t be just of the type “What would you do if…” or ‘Do you think it is right to…’, questions that a sociopathic personality can always find the ‘successful’ answer to (though it’s doubtful that Trump could). They should be in the form of complex moral dilemmas that experimental psychologists have been adept at formulating over the years, requiring essay-type responses. The knowledge questions, by comparison, would be straightforward enough. Such tests should be assessed by professional diplomats and psychologists. This vetting, of course, cuts across the democratic process with a measure of ‘adults in the room’ intellectual, emotional and ethical elitism. Because of course you need a member of the intellectual and ethical elite to hold such a high office.
You might argue that Prime Ministers aren’t formally vetted, and that’s strictly true, but there’s at least an informal vetting system in that leaders have generally to climb from the ranks by impressing colleagues with their communication skills, their understanding of policy, their work ethic and so forth. It’s also the case that Prime Ministers have far less power than US Presidents – who have pardoning powers, special executive powers, power to shut down the government, veto powers, power to select unelected individuals to a range of high offices, power to appoint people to high judicial office and so forth. It’s hardly any wonder that characters like Trump are frustrated that they can’t take the next few steps towards total dictatorship. It’s interesting that I’ve recently heard a number of US pundits saying out loud ‘this isn’t a dictatorship’, as if they need to remind themselves of this fact!
Many will scoff at all this gratuitous advice. But you currently have a self-styled ‘very stable genius’ – a boorish, blustering, bullying, belly-aching buffoon in fact – in barricaded isolation in your White House and due to the multi-faceted failings of your politico-legal system, you can’t get rid of him as easily as you obviously should be able to, and I honestly feel that things will get much much worse before you do get rid of him. You can’t blame Trump for this – he has been exactly the same person for over 60 years. The fault lies with your system. If you don’t change it, you’ll never be able to regain the respect of the rest of the democratic world.
Trump and the USA’s failure, part 1 – some modern history regarding two democratic systems
It is error only, and not truth, that shrinks from inquiry. Thomas Paine
So Australia’s getting a tiny mention now in the Trump debacle, as he and his henchmen try desperately to find dirt on Mueller, Biden, anyone they can divert attention to as this iniquitous regime stumbles towards its own doom.
So it seems to me an opportune time to reiterate and expand upon some of my views about the US political and social system which led to this pass.
First, a bit of a history of modern democracy and a corrective, to some of the views I’ve regularly heard on MSNBC and CNN as the journos and other pundits wring their hands over how the mighty have fallen. It seems accepted wisdom in the USA that their country is the leader of the democratic world, the potential bringer of democracy to the unenlightened, the light on the hill, the world’s moral police officer, the first and best of the world’s free nations. And its beginnings are often cited in the War of Independence against a tyrant king. So how could a nation, which owes its very existence to a revolt against tyranny, succumb to the blusterings, badgerings and bullying of this tyrant-child in their midst?
Well, let’s look at this story. Britain did indeed tyrannise its colony. But let’s take note of some facts. George III was a constitutional monarch. Lord North was Britain’s Prime Minister during the war of independence. A century and a half before the War of Independence, Britain beheaded its king for being a tyrant. It was then ruled for a time by the Long Parliament, and then the Rump Parliament, before Oliver Cromwell was made Lord Protector of the Realm. These were some of the first none too successful steps towards a modern democracy. Baby steps. Two steps forward, one step back you might say. It didn’t work out so well, and the monarchy was restored in 1660, under the proviso that there would be some parliamentary representation. Then in the 1680s another king was forced out of the country, again for being a tyrant, and trying to convert the nation to Catholicism. This Glorious Revolution, as it was called, brought another branch of the royal family in from overseas, and William and Mary Stuart were presented with the crown, and the first constitutional monarchy was formed – though of course Magna Carta had earlier brought about the first limitations to royal authority, and there were more limitations to come in the future. Again, baby steps away from tyranny and towards democracy. A Bill of Rights was introduced in 1689, much of it based on the ideas of the political philosopher John Locke whose work also influenced the American constitution.
So, America’s War of Independence was a war against tyranny, I grant that, but the tyrant was more a nation, or a government, than a king – though George III was certainly tyrannical in his attitude to the colonies. Britain, at the time, and for a long time afterwards, was a very powerful nation. And – guess what – powerful nations are always bullies. Always. That’s a universal. Imperial Britain was always a bully to its neighbours, and to less powerful nations that it could benefit from exploiting. The USA in more recent times, has been the same, as has China, Russia (or the USSR) and powerful empires of the past, Roman, Babylonian, Egyptian Assyrian, etc. It doesn’t matter their internal politics – they’re always bullies on the international stage. That’s why more powerful international agencies are needed and are just beginning to arise.
So getting back to democracy – the first US Presidential election was an odd one, as there was only one candidate – Washington. There were no parties, and very few states, and even then only about 7% of the adult population of those few states were considered eligible to vote, based on the possession of property (and of course skin colour, and gender). So, one of the bigger baby steps towards democracy, perhaps, but still another baby step. Of course, parliamentary membership in Britain at the time was subject to a vote, but also with a very limited franchise.
So The USA significantly contributed to modern democracy, without a doubt, but the whole democratic movement proceeded by baby steps worldwide. For example, it’s surely unarguable that no nation or state could consider itself an effective democracy until it gave women – half the effing population! – the vote, and the USA was far from the first nation to do so. In fact the first state of any kind to do so was New Zealand in 1893, followed by the colony of South Australia – my home, from which I’m writing – in 1894. The USA didn’t grant the vote to women until 1920.
So enough about democracy for now, but one reason I brought this up was to sort of complain a bit about American jingoism. You’re a really flag-waving, breast-beating country, and you tend to go on about patriotism as some kind of fundamental value. I say you because, though I have precious few readers, by far the majority of them come from the US, according to my WordPress data. Now, this kind of jingoism doesn’t allow for too much healthy self -analysis and critical distance. You need to get out more. I live in Australia, I was born in Scotland, so I’m a dual citizen of the UK and Australia, but I barely have a nationalistic cell in my body. I’ve never waved a flag in my life, never sung a national anthem. Nowadays I call myself a humanist, but I really came to that idea much later – my kind of visceral discomfort and dislike of nationalism goes back to my childhood, I can’t easily explain it, and any explanation would be post-hoc rationalism. I’m happy in any case that my humanism chimes with modern times, as we live in a more global and integrated world than ever before, but I do recognise that nations are still necessary and useful, and that global government will probably always remain an Einsteinian pipe-dream.
In any case, I feel lucky that I’ve spent most of my life here in Australia. The Organisation of Economic Cooperation and Development (OECD) is a group of 35-40 countries, the most developed economies in the world – the world’s richest countries by GDP. Every year for several years now, they’ve rated the member countries on a ‘Better Life Index’ based on 11 different criteria, such as health, income, safety, job opportunities and so on. Basically, a rating of the best countries in the world to live in. A new rating has just come out, and Australia ranks at number two, up from number three last year, but down from number one the year before, and the year before that. So lucky me, though I have plenty of criticisms about the way this country is going. So how does the USA rate? Well, it’s never been number one, or two, or three or four or five or six, and I could go on – which isn’t to say it’s anywhere near the bottom. But could this just be anti-American bias from the OECD? Well, in a sense yes, because I suspect they’re biased towards nations or states that look after their citizens – where there’s more of a sense of communal values. They measure categories such as ‘civic engagement’, ‘community’, ‘environment’ and ‘work-life balance’, categories which step a little beyond individual rights and freedoms – and I think that’s a good thing.
So here’s how I see the problem. The USA seems a little overly obsessed with the individual, and that seems to put it a little out on the libertarian end of the spectrum that stretches from libertarians to communists. I’d argue that there’s never been any instantiation of a communist state or a libertarian non-state – and in a democracy, which is by its nature a bottom-up sort of system, which has to cater for a wide range of views about government, you should always expect to be swinging mildly in the centre between these extremes. But America’s focus on individual freedoms and the great individual leader was evident from the outset, with the way it set up its federal political system. My plan here is to compare it to the Westminster system which I know quite well, and which has sort of evolved slowly rather than being set in stone by an all-powerful 18th century constitution.
Under the Westminster system there’s no directly elected President. Of course, that system did begin with a great individual power, the unelected, hereditary monarch, who, in the time of the USA’s founding and the drawing up of its constitution, was a lot more powerful than today’s monarch. So it seems to have been the thinking of the founding fathers that you could have this powerful figure but he could be elected. And I do say ‘he’ because, be honest, there’s nothing in the thinking of the founding fathers to suggest that they would ever have contemplated a female President. So, remembering that many of the ideas of the founding fathers actually came from Britain, through the likes of John Locke and Tom Paine, their idea seemed to be something like a constitutional President, elected rather than blue-blooded, and hedged around by a parliament that was more constitutionally powerful than the parliament of the time back in the old ‘mother country’. And by the way, it slightly irritates me that there’s this lexical difference for the legislature in the USA versus Britain/Australia, i.e congress/parliament. They’re really the same thing and I wish they had the same name. From now on I’ll use the term ‘parliament’ to refer to the legislative branch under both systems.
So, it seems – and I’m by no means an expert on the US constitution – that the constitution was drawn up to create a kind of balance of power between three branches of law and government – the legislative, the executive and the judiciary. And this would have been quite revolutionary and progressive in its time, some two hundred odd years ago. In fact, the founding fathers may have seen it as so progressive and all-encompassing that the term ‘eternal’ might have been whispered about, like the eternal values of life, liberty and the pursuit of happiness. And so they may have suffered from that natural pride which assumed that the constitution ought not to be altered without difficulty, and so the USA has largely been stuck with it. And I should point out – because it strikes non-Americans as a bit weird – that Americans seem a bit overly obsessed with their constitution.
Okay, so I’ll leave it there for now. Next time I’ll focus a bit more on the Westminster system, and a comparison between Prime Ministers and Presidents.
on the US political and social system in crisis: 2 – the head of state and the constitution
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.