an autodidact meets a dilettante…

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Posts Tagged ‘Westminster system

Trump and the USA’s failure, part 2: effective law and distributed power

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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’s House of Reps – politics as a team sport – mostly!

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.

Written by stewart henderson

October 7, 2019 at 1:21 pm

Trump and the USA’s failure, part 1 – some modern history regarding two democratic systems

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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.

Written by stewart henderson

October 4, 2019 at 1:20 pm

why the US has one of the worst political systems in the democratic world, and why they’re unlikely to change it

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I think this may be the longest title of any blog piece I’ve written, but that’s not the only reason why few will read it. After all, most of my readers are from the USA, and they’ll be put off by the title for other reasons. Anyway, here goes.

Of course I’m not really qualified to rank all the democratic political systems out there – I’m no expert on the German, French or Spanish systems, or those of the Scandinavian countries – but I think it’s a reasonable assumption that few if any other other democratic states would accord as much power to one person as the USA does.

I’ve been on a steep learning curve re the US system, but of course there’s plenty I still don’t know about. I live under a variant of the Westminster system here in Australia, and that’s the system I’m most familiar with, and as a British/Australian duel citizen, and a sometime student of British history, I know a fair amount about the origins of parliamentary democracy in Britain. The Westminster system of course, has other variants in New Zealand, Canada and other countries formerly under the British Empire, including India, Pakistan and South Africa, but my focus here will be on Australia as fairly typical of democracy at least in the English-speaking countries other than the US. And don’t forget I’m no expert generally, being an autodidact/dilettante, but I like to think I’m a keen observer, and don’t we all?

This my view: I’ve learned enough about the US political system – the Presidential system in particular – in the past 12 months to drop my jaw to the floor and keep it there for most of that period. It really is a shocker.

I’ll summarise, then expand. The US directly elects its President – a really bad idea. There’s no vetting of Presidential candidates: Americans like to boast that anyone can become Prez. Do you really want just anyone to be given that responsibility? Once elected, nominally as a representative of one of the two major parties, the President sets up office completely separately from the Congress/Parliament in which the two major parties, together with smaller parties and independents, battle it out to run the government to their liking, ideologically speaking. Or is it the President who runs the government? It’s confusing. The President, in his separate, isolated sphere, has veto powers, pardoning powers, special executive powers, emergency powers, power to shut down the government, power to appoint members of the judiciary, power to appoint a host of unelected and very powerful officials and to hire and fire at will, with limited oversight. The President is, apparently, not legally required to announce conflicts of interest, or present any account of his finances, and is at liberty, or certainly appears to be at liberty, to enrich himself and his family by virtue of holding the office of President. The President, by virtue of his office, is immune from prosecution, during his time in office, for any crime committed before, during, or in order to obtain, his Presidency – or such is the view held by a substantial proportion of the legal profession.

And yet the vast majority of American citizens don’t believe they’re living in a Banana Republic. On the contrary, they believe they’re living in the Greatest Democracy on Earth, the Greatest Nation on Earth, the Leader of the Free World, the Shining Light on the Hill, etc, etc, etc – and of course it’s this jingoism, this lack of self-critical insight (with many, but not enough, honourable exceptions) that will make it so hard to effect change when Trump is dumped..

So, let’s start with direct election. It doesn’t happen under the Westminster system. In Australia we have general elections every three years. We vote for a local member in our electorate (in the US they’re called districts) as well as for the party of our choice federally. That’s to say, our general elections are the equivalent of the US mid-terms, only more important, as we don’t have a Presidential election. So, if the US had a similar system to us, their recent election would be the general election, the Democrats would have won government from the Republicans in a landslide, and the new Prime Minister, the leader of the Dems in the House, would be Nancy Pelosi, taking over from the retiring PM, Paul Ryan. Chuck Schumer, the leader in the Senate, would probably take up the position of Deputy PM, and the positions of Treasurer, Attorney-General, Foreign Minister etc, would have already been decided before the election, as they would have been the opposition spokespersons for those positions (aka shadow Attorney-General, shadow Treasurer, etc). The Prime Minister would have the power to swap those positions around and introduce new blood (called a Cabinet reshuffle), but of course all of these persons would have won their local electorates in the elections. Most would be experienced in the parliamentary system.

Under the US Presidential system, the whole nation is asked to choose between two candidates, usually a leftist or a rightist. There are of course caucuses and primaries, which basically ‘weed out’ the less popular candidates until only two are left standing. But this system is so separate from Congress that it’s possible for anyone to run, and to win, regardless of political experience, historical knowledge or any other sort of nous – though having a lot of money, or a lot of rich backers, is virtually essential to success. In the case of Trump, his relentless branding of himself as a successful businessman and super-smart outsider was enough to fool many of the least thoughtful and most disadvantaged Americans, as well as to convince many of the crooked rich that he might prove a useful tool. And so Trump, in spite of being super-incompetent, ethically moribund and a total financial fraud, won the election… or, rather, won the electoral college, probably with the assistance of foreign agents.

The major flaw of this kind of direct democracy was pointed out almost 2,500 years ago by the ancient Greek philosophers, who were unabashed anti-democratic elitists. They’d seen how ‘the mob’ could be swayed by windy orators who promised to fix problems and to bring great success and richesse at little cost. One of them, Creon, persuaded the Athenians to embark on a disastrous campaign against the city-state of Syracuse, which so depleted Athenian resources that they were overrun by the Spartans, which ended the Peloponnesian War and the Athenian ascendancy once and for all.

Trump won’t do that kind of damage to the USA, but he’s already damaged America’s reputation for decades to come, as well as selling out his base, endangering the lives of immigrants, massively neglecting the business of running his country in all its essential minutiae, and filling the swamp to overflowing.

So what’s the solution to this direct election process? It doesn’t need to be jettisoned, but it can be improved (though I’m for ditching the Presidential system entirely). You can replace the electoral college with a first past the post (or winner takes all) system. Of course, if that system were in place in 2016, Hillary Clinton would be President. More importantly, though, the electoral college system is easier for interfering agents to manipulate, by focusing attention on ‘purple’ electorates, as was done in 2016. A more centralised system would be easier to keep ‘clean’ , and would require a very sophisticated, equally centralised hacking and propaganda campaign to manipulate. Besides that, it is obviously fairer. The person who wins most votes nationwide should surely be the nation’s President.

Then there is vetting. Here’s where I display my elitism. Every candidate for President should have to submit to testing, regarding the nation’s politico-judicial system, its constitution, its history, its network of foreign and trade relations, and, a hobby-horse of mine, its science and technology sector (since achievements in this sector have changed lives far far more than any political achievements). You don’t want an ignoramus to be your President ever again.

Of course there’s also financial and legal vetting. The Emoluments Clause appears to lack claws. This should be turned into solid, unequivocal law.

The legal position of the President should also be clarified. As the Chief Law Officer of the nation he should never be considered above the law. Having said that, the Attorney-General should be the first law officer, not the President. Other powers of the President need to be reassessed in a root-and-branch fashion – pardoning powers, veto powers, special executive powers and so-called emergency powers. Clearly, to accord vast and manifold powers to one person, and then to consider him immune from prosecution because of the powers so accorded, is a recipe for dictatorship. I mean – duh!

But there’s another reason why this Presidential system is seriously flawed. Under the Westminster system, if the Prime Minister is found to have engaged in criminal activities, such as serious campaign finance violations, conspiracy with foreign powers to influence their own election, obstruction of justice, directing foreign policy on the basis of self-enrichment, and other egregious antics, s/he would be charged and forced to stand down. The party in power would then vote on a new leader – who may or may not be the Deputy PM. This would of course be somewhat traumatic for the body politic, but certainly not fatal. Changing Prime Ministers between elections is quite common, and has happened recently in Britain and Australia. Not so in the USA, where the Vice President, a personal choice of the now discredited Prez, is necessarily the next in line. Think of Mike Pence as President – or think of Sarah Palin taking over from John McCain. Why should the electorate have to suffer being presided over by the bad choice of a bad (or good) President? This is a question Americans will be asking themselves quite shortly, I reckon.

So why is the system unlikely to change? I’ve mentioned American jingoism. Even those media outlets, such as MSNBC and CNN, that spend much of their time exposing Trump’s lies and poor decisions and general worthlessness, seem never to question the system that allowed him to gain a position so entirely unsuited to him. It just astonishes me that the idea that a person in his position might be immune from prosecution can be taken seriously by anyone with an adult mind. The fourth estate should be hammering this obvious point home on a daily, if not hourly basis. Trump should now be in custody. His ‘fixer’, Michael Cohen, is currently on bail for campaign finance felonies, among other things. He will serve three years in jail. Trump was the Mr Big in those campaign finance felonies, and should serve more time than Cohen, as a matter of basic logic. Why has he not been charged? There is absolutely no excuse. And he shouldn’t be allowed out on bail, due to his known habit of obstructing justice and witness tampering. How can anyone respect a justice system that hasn’t acted on this? The world is watching incredulously.

As I see it, the Presidential system is a kind of sop to American individualism. The USA is a hotbed of libertarians, who see ‘universal’ education and health-care systems as ‘socialism’, while the rest of the western world just calls it government. Many of their worst movies feature one machismo guy – male or female – sorting out the bad guys and setting the country to rights. That’s another reason why they won’t want to muzzle their Presidents – after all, if they had much of this concentrated power removed from them, why have a President at all? Why indeed. The Westminster system is more distributed in terms of power. The Prime Minister is ‘primus inter pares’, first among equals, the captain of the team. S/he can always be replaced if injured or out of form or is no longer representing the team adequately, for whatever reason. The team, though, is the thing. Us, rather than me. But the USA is full of screaming mes. And now they have a screaming me as their President. It’s the ultimate self-fulfilment. I watch from afar with guilty fascination, not unmixed with schadenfreude – but with a particular interest in what will happen post-Trump. My bet is that there will be some changes, but nowhere near enough – they’re too wedded to romantic and adventure-laden fantasies of individualism. So the USA with its wild-west hangover of a Presidential system will always be worth watching, but never worth emulating.

Written by stewart henderson

January 3, 2019 at 10:28 am

the USA’s presidential crisis – what will they learn from it?

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it really is this crazy

The USA has a tragic problem on its hands, of its own making. It now has, as its President, a career criminal, a narcissistic demagogue, a flim flam man who’ll stop at nothing to remain in power. Within a few days, though, his power will be curtailed and, I strongly suspect, and certainly hope, US law enforcement authorities will be rounding up some of his accomplices and generally turning up the heat. Everything about Trump tells me he would be prepared to destroy as much of the country’s political edifice as he possibly can, rather than go quietly.

But it’s the political edifice itself that’s allowed Trump, who isn’t a Republican, or a Democrat, or a politician or a businessman, to take over the ship of state and steer it on a bumpy ride to nowhere. This could never have happened under the Westminster system, which pertains in Britain and Australia, two countries of which I happen to be a citizen. 

The flaws in the US Presidential system have been unwittingly exposed by Trump, and this may be the one true gift he will have bestowed on his people, just as the horrors of the great European wars of last century left the one bright legacy of over seventy years of peace in Western Europe. 

So what are these problems? Well there’s one general problem of democracy, which is shared by all democratic countries, and that’s the fact that not everyone eligible to vote is sufficiently informed or detached to use their vote to the best advantage of themselves or the nation as a whole. Many are massively influenced by what is called ‘identity politics’, because they identify with a particular sub-culture, be it ethnic, religious, job-related, or special-interest-related in a host of ways. Many simply don’t understand much about politics and are easily swayed by political promises or the promises made by those around them on behalf of politicians. The intellectual elites, the cognoscenti, have no more weight to their vote than the more or less completely clueless. 

This problem is exacerbated in the USA by the fact that, every four years, they’re asked to cast a vote essentially for one person over another. In the run-up to that vote there’s massive fund-raising and lobbying, hype (short for hyperbole), overblown promising, and circus-like razzmatazz and bells and whistles. 

The one-against-one competition is, it seems, typically American, where the ‘great man’ who saves the world by single-handedly defeating all enemies is a staple of Hollywood blockbusters. In contrast, elections in the Westminster system are more like a blend of the American mid-term and presidential elections, but with much more of the mid-term than the presidential. People essentially vote for parties – a major party of the left and of the right, together with smaller independent parties and independent members. The two major parties and the smaller parties all have leaders, of course, and they’re elected by the rest of the elected MPs of their parties. They’re the ‘captains of the team’, and they work with them in parliament. The Prime Minister, the leader of the party elected to power in general elections, is thus in a very different position from the US President, who resides in and works from the White House, surrounded by staff and officials who are appointed by himself (though more or less vetted by others) without necessarily having been elected by the public to any office of any kind in the past. These include some very influential positions indeed – the 15 members of the Presidential Cabinet including Secretary of State, Secretary of Defense, Attorney-General and Chief of Staff. The President thus heads the ‘executive branch’ of government, which is entirely separate from parliament, or congress.

Under the Westminster system there’s no such separation. The Prime Minister does get to select his cabinet, but they’re all appointed from within parliament, and all of them work within the House, or the Senate. So the PM is literally ‘primus inter pares’, first among equals, and often has to defend his or her ministers and policies in the teeth of opposition sitting across the aisle. This creates much more of a team spirit, and if the PM ‘goes rogue’, as Trump clearly has, his party can organise a no-confidence motion to oust him. Such an event obviously has major repurcussions for the nation, but they are clearly nowhere near as disastrous as the ousting of an American President. Though, arguably, the difficulties involved in ousting the President are even more disastrous. 

In watching and learning about the US political system over the past year or so, I’ve been totally astonished at the power granted to the President, and with that power comes a sense of Presidential immunity, due to his ‘indispensability’. This is virtually a recipe for demagoguery and dictatorship. The current President has clearly utilised powers that previous Presidents quite probably didn’t know they had, because they grew up within the usual ethical guidelines of the vast majority of people, regardless of background. Trump has no such guidelines, and so has sacked appointed officials without replacing them, has used pardoning powers – and will continue to do so unless ousted – without restraint, and has issued executive orders in a manipulative and detrimental fashion. He has monetised the Presidency, obstructed justice by declaring war on the FBI and justice department officials, viciously and relentlessly attacked the fourth estate, and spread myriad falsehoods with impunity.

All of this has created a kind of internal paralysis in the US, while making the country and its President both a laughing stock and a cause for grave concern worldwide. Meanwhile the success of demagoguery and ‘power’ over ethics has had its echoes in elections in Austria, Sweden and Brazil. But the USA’s political problems are unique. The two principal problems are – How do you rid yourself of a rogue president? and, How do you present this from ever happening again?

Many concerned Americans are looking to the process of impeachment as the solution. I’m writing this on the day (in Australia) of the mid-term elections, November 6, though the USA is some 11-12 hours behind us in central Australia. It seems likely that the Democrats will take control of the House and possibly the Senate, though I wouldn’t bet on it – I usually get these things wrong. But impeachment is a political process and therefore highly partisan in a nation that has become partisan perhaps to the point of extreme violence. Impeachment doesn’t exist in the Westminster system, because there is clearly no need for it.

For a Prime Minister, under the Westminster system, to ‘successfully’ go rogue, as the US President has, he would have to carry the whole of his party with him, or a substantial majority, as the party system and party loyalty are deeply entrenched in the polity. A no-confidence motion in the Prime Minister can be put up at any time during parliamentary sessions, either from within the PM’s party or from the opposition benches. It’s easier for the President to become a ‘one-man band’ because he’s entirely cut off from congress. I don’t know if Trump has ever entered congress. There seems no reason for him to do so. This complete disconnection from what is is supposedly his own party and government is, I think, disastrous. 

The massive power of the President – veto powers, pardoning powers, executive orders, and apparent, if limited, immunity from prosecution – is no small problem for a country that is the most economically and militarily powerful in the world.  Rachel Maddow of NBC has highlighted the problem of prosecuting the President. If he is charged and placed in custody or let out on bail, does he still have presidential authority? If not, who does? This would not be a problem under the Westminster system – the Deputy PM would step up, as s/he does when the PM is overseas. And if the matter were serious enough, that deputy, or another senior cabinet minister, would take over the PM’s role permanently. And there would be no hesitancy, under that system, to arrest and detain. Why should there be? The law should treat all offenders in precisely the same way.

In the US there seems to be a lot of confusion on these matters. Many consider the President ‘too important’ to be charged with a crime while in office. This is truly ridiculous. If you have allowed one person to be so important within your political system as to be above the law, for even a second, then your political system sucks, to put it mildly. 

Another bizarre anomaly of the US system is this ‘hanging back’ by the federal authorities, in terms of subpoenas and indictments, during pre-election periods. This, it seems to me, is an interference, by a kind of stealth, of the judiciary by the political sphere. Where did this ridiculous idea come from? It seems abundantly clear to me that when investigating potential felonies of any kind, the political background should play no part whatsoever. Once investigators have ‘all their ducks in a row’, as Americans like to say, that’s when prosecutions should begin. I’ve no idea right now what will happen to Trump after these elections, but he has already been clearly implicated in campaign finance violations via his criminal fixer, so prosecutions should have occurred already. To not institute criminal proceedings when everything is set to do so, because of some election or other – that constitutes political interference. Am I missing something here?  

Assuming that Trump is indicted after these elections (though what I’ve heard is that the Mueller will only issue a report to congress, even if it includes indictable offences, which makes my head spin with its unutterable stupidity and dereliction of duty), is it likely that Trump will give himself up to authorities? Trump is a career criminal who has never spent any time in jail, though his tax crimes and various scams should have seen him incarcerated for much of his adult life. It’s hard to know what he’ll do when cornered, but I can’t imagine him giving himself up to authorities. The real crisis is about to hit the fan, so to speak. It will get very very bumpy over the next few months, no matter what the election result. 

The other major question is – what will Americans learn from the Trump disaster? Will they reform their political system? With their jingoistic pride, I don’t hold out too much hope. My guess is that there will be some reform around the edges – the emoluments clause might be ‘promoted’ to something more than a mere clause, for example – but their beloved but outdated Constitution will remain largely untouched, and they’ll still keep their POTUS in splendid isolation, a law unto himself and a potential threat to their nation and the outside world. But then, as some dipshit has often said, we’ll have to wait and see. 

 

Written by stewart henderson

November 6, 2018 at 8:52 pm

Lecturing the USA: less jingoistic complacency, more scrutiny of a failing system

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While convalescing from a severe viral infection, I’ve been paying almost too much attention to MSNBC and CNN as they more or less impotently report on the brutal farce that is the Trump presidency.

In the last year or so I’ve been on a steep learning curve about the workings of the US electoral system, and its politico-economic system in general. Much of what I’ve learned has frankly appalled me. And it may take a few posts to get all of this off my chest. We’ll see.

A couple of days ago, on the Rachel Maddow show, a legal pundit and former Attorney-General David Hickton, describing a matter relating to foreign interference in the US, just happened to drop the line ‘the world’s greatest democracy’, apropos of nothing much at all. It wasn’t spoken with discernible pride or even emphasis; it was a perfunctory remark. And I’ve heard this perfunctory remark, or variations of it – ‘the leader of the free world’, ‘the greatest nation on earth’, ‘the country everyone looks to as an example’, ‘the greatest beacon of freedom’ – so often, and trotted out so mindlessly, that it occurs to me that it is probably part of an educational edict or axiom in the USA, imprinted in the first school years at age 5 or 6. Any American who applies critical thinking to this axiom places herself at extreme risk, it seems to me. But it also seems obvious to me that such application, as to the axioms of Euclid or the Catechism, will yield many positive results.

It’s hard to know where to begin with this criticism. Of course I’ve already highlighted some problems in previous posts – here, here and here. Most of this criticism has been about the structure of the US system – giving their ‘commander-in-chief’ far more power than occurs in other democracies; fatally separating parliament, or congress, from the President and his personally chosen (and also overly-powerful) staff, including such vital positions as Secretary of State, Secretary of Defense, National Security Advisor, Chief of Staff, Secretary of Homeland Security,  and the Secretary of Health and Human Services, among others. Congress has some oversight in the appointment to some of these positions, but astonishingly none of the people appointed to these high offices need to have had previous political experience, or to have been elected through any parliamentary process.

Other Presidential privileges I’ve learned about – somewhat goggle-eyed I have to say – are extensive veto and pardoning powers, power to select members of the high judiciary, and, most incredibly, the ability to turn what appears to be a Presidential whim into immediate action, as in the arbitrary imposition of tarrifs and the separation of children from parents seeking asylum on the southern border. Neither of these extraordinary and extremely problematic directives seem to have required any kind of congressional oversight whatsoever. Looking for a recipe for dictatorship anyone? Just check out the USA.

This is what the US system allows, but virtually no prominent member of the fourth estate has had anything critical to say about it. All their reporting is about the trees – their educational brainwashing from childhood apparently blinds them to a forest that was never healthy and is now dying fast.

The USA’s love of democracy means that the whole nation has significant national elections every two years, unlike in the Westminster system (approximately 3 years in Australia and New Zealand, 4 years  in Canada and 5 years in the UK). Presidential elections in particular are hyped-up affairs involving massive expenditures, and they really resemble sports tournaments, somewhat like Wimbledon, in which the contenders are eliminated one by one (often because they can’t maintain the expense of campaigning) until we have the final ding-dong battle for the top job. The two contenders get to choose their running mate – their doubles partner, so to speak – who can be as dumb and/or incompetent as you like, and who gets to be Prez if the winning contender is forced to retire or resign, or dies in office. Think of the then much-ridiculed Dan Quayle, the still-much ridiculed Sarah Palin, and the now-dreaded Mike Pence.

It’s part of the USA’s anti-collectivist, libertarian culture that they celebrate the ‘great man’ tough guy up against the forces of some evil or at least seriously flawed organisation or state (think Sylvester Stallone, Arnie Schwarzeneggear, Bruce Willis etc), and this is how they like to see their President, and seems to be why they give him such unparalleled power. It seems to me kind of juvenile, in the way of Hollywood movies. And then, having foisted so much power on him (always him, but more of that later), they then (or some of them) use this as an argument to bolster his power even further by suggesting he’s too indispensable to be charged with a crime while in office!! I’ve not yet heard from any American commentator who has recognised or highlighted the sheer absurdity of this conundrum.

Now, I recognise that the USA can compare itself favourably with other democratic nations. India and Indonesia spring to mind, as more or less fledgling democracies with massive problems of poverty, ethnic and religious tensions, as well as the ever-present lure of graft and corruption and the pressures of tribal and in-group associations. And I’m insufficiently expert in the political systems of Germany, France, Spain and most other Western European nations to make detailed comparisons, though I suspect such comparisons would be highly embarrassing to the USA. I do have a certain familiarity with the Westminster system, however, and it strikes me as superior to the US system in a number of ways. The most obvious is that there is virtually no chance that the Prime Minister can ‘go rogue’, as the swampy US President has done. The Prime Minister is primus inter pares, someone who has come up through the ranks, proven herself within the party, and sits with her party, at its head, in parliament, leading and participating with that party in debates before the House. Her principle role is to articulate the party’s agenda and policies, to deal effectively with objections and to bring those policies into law by shepherding them through the tough terrain of the House and the Senate (in the case of Australia). There’s limited opportunity for lone wolf, ‘off the cuff’ decision-making – there’s a whole crew of elected cabinet ministers tasked to deal with immigration, foreign relations, trade, education, health, infrastructure, agriculture and the like, and it would be considered scandalous if the PM made some impromptu decision over their heads (or tried to). It would be seen as arrogant and unprofessional and frankly extraordinary, not just because it breaks precedent, but more importantly, because the cult of the go-it-alone vigilante hero is not part of our society – that’s a uniquely American thing, at least in its intensity. A disciplined, collegial approach is what is expected here.

The difference is exemplified by the fact that Trump was a ‘Democrat’ a few years back and now he’s a ‘Republican’, but it should be clear to any reasoning observer that he’s neither. His interest in politics, such as it is, is only for the power, attention and money it provides him. And the US system enables this in that their President virtually never passes through the doors of their parliament, let alone works there. The ‘White House’ represents an entirely separate institution, and the importance of the more or less daily White House briefings highlights this disastrous separation and the over-emphasis placed on the heroic ‘commander-in-chief’.

Time and again I hear US pundits lauding the checks and balances which prevent their swampy president from going ‘full dictator’, but any comparison with the Westminster system will show that no leader in that system could have survived this long while attacking the law enforcement and justice systems, ridiculing basic science, supporting and praising foreign enemy states, and refusing to act on well-attested interference in the political system by those states. It’s also important to note that dumping a toxic or under-performing or unpopular leader under the Westminster system is much more easily done and far less traumatic. In fact it happens quite often between elections.

There is no such thing as impeachment in the Westminster system. It seems obvious to me that if a national leader, or any other senior cabinet minister, is charged with a crime, they should step down until a judicial decision is reached, though this may depend on the severity of the alleged crime. Impeachment, as I understand it, is a purely congressional process, and should have no place in deciding on criminal behaviour – as should be obvious. The whole business of impeachment has a political odour to it, and the Westminster system is far better without it.

There are no doubt many other problems with the US system as such, including the vetting of candidates for high office (you shouldn’t let just anyone run for President) and the rules regarding making money from the Presidency, but I want now to turn to other reasons why the US may be more likely to turn dictatorship than other western democracies.

These reasons, to some degree, go back to Plato and Aristotle, unabashed elitists who warned of demagogues and their appeal to the ‘mob’. Trump’s base consists largely of the USA’s ‘left behind’, people without tertiary education qualifications, people who are largely under-employed and underpaid, people who feel trapped and angry, people who hate the political and business elites, people with grievances they can’t readily articulate. True, there are other supporters, elitist libertarians who want more freedom from taxation, the crooked rich people who flock to Mar-a-lago and Trump Towers, etc, but they are small in number if large in ego and influence. It’s worth noting here the remarks by Tony Schwarz, author of the ‘Trump’ book The Art of the Deal, to the effect that Trump actually despises his base, whom he sees as losers. What he delights in, of course, is their fawning allegiance to him, and the way he can whip them into a fervour over practically nothing. Trump, of course, spends no time in the company of steel workers or farmers or war veterans, he far prefers the exclusive company of crooked rich people.

In most democracies the ‘working-class’, among whom I grew up, are somewhat divided in their political allegiance, torn between the promise of support for social services, infrastructure and jobs from the left and the promise from the right of crack-downs on immigration and crime, and generally macho law-and-order and nation-building issues or rhetoric. In the US we might embody these promises in people like Bernie Sanders and Alexandria Ocasio-Cortez on the one hand, or Trump or one of his many imitators on the other. But what’s interesting is that, among the elite, and the fourth estate in particular, there’s a clear bias against the kind of interventionist policies and social services that place Australia, for example, way ahead of the USA on the OECD list of best countries to live in. Too often I hear journos in the US interviewing candidates like Ocasio-Cartez and questioning them skeptically on their ‘socialist’ policies. ‘Socialism’ is quite possibly the dirtiest word in the American language, but what Americans call ‘socialist government’ is essentially what western Europeans and Australians and others call ‘government’.

It’s this bias, of course, that will forever prevent the USA from climbing further up on the OECD list. The libertarian fantasy, it needs to be asserted, is just as corrosive as the socialist fantasy. In the USA it means that the ‘left behind’, in their millions, are much more primed to look to a super-hero anti-state saviour with a slogan to make them all great, than to look to stronger regulatory models such as exist in western countries that are mere names to them. That’s why you have, at one end of the spectrum, angry, unhealthy, insular people with insufficient education  and too few prospects while at the other end you have under-regulated parasitic capitalists, investment bankers, speculators and fraudsters  – people like Manafort and Gates, the Koch brothers, Roger Stone and of course Trump himself, who happily enrich themselves while contributing zero to the common good.

In short, the problems the USA faces, post-Trump, are many-faceted and unfortunately well-entrenched. And to end on a purely selfish note, I’m just frankly glad their not my problems.

Written by stewart henderson

August 17, 2018 at 2:14 pm