Redesigning the Presidency

JB

Many people are now worried that George W. Bush is planning a useless surge in Iraq (useless because too little and too late) and that there seems to be very little we can do about it because Bush will never have to face election again. Sandy sees this as an example of our dysfunctional Constitution, while Marty is currently engaged in a very interesting analysis of whether Congress can limit appropriations or the use of troops.

But stepping back for a moment, it seems clear enough that one reason we are in this mess is that America lacks a vote of no confidence to discipline presidents who are in deep denial or are simply incompetent. Either or both of these descriptions may apply to the current occupant of the White House.

Because we lack a vote of no confidence, there are only a few available options. We can limit appropriations or attempt to limit the President's war making operations. But a vote of no confidence, which might seem to be a more drastic remedy, is actually more fine tuned and appropriate in these circumstances. Congress might be much more willing to vote Bush out of office than be seen as limiting money for our troops. Similarly, if Congress decides to limit the President's war making abilities, and this is held constitutional, then it sets a precedent that could hamper future chief executives. On the other hand, a vote of no confidence against George W. Bush-- if the Constitution permitted it-- would have no precedental effect with respect to warmaking powers. It would simply be an exercise of a different Congressional power. It would be a potential threat that Congress could offer to discipline future chief executives who got out of line.

Max Weber famously warned that democratic parliaments had a tendency to move toward a version of Caesarism featuring charismatic leaders who exercise increasingly dictatorial powers. But Weber's warning was premised on the notion that one could not easily get rid of the Caesar once he was put in power by general public acclaim. From this perspective, the real problem in the Weimar Constitution, for example, was not the office of the Chancellor, but the powerful office of the Presidency, occupied by Hindenberg.

Suppose that the United States moved to a dual system, with a ceremonial head of state (call him the President of the Republic) with no powers but the power to call for new elections upon motion of Congress, and a head of government, who exercised all of the executive functions of our current Presidency. Under this plan, we could head off many of the Caesarist impulses that Weber identified.

If Prime Minister Bush proved incompetent or unable to face reality, Congress could stage a vote of no confidence. The President of the Republic would not be able to bestow or delegate any powers to the out-of-control prime minister. Although Prime Ministers could exercise emergency power as U.S. Presidents currently do, would-be Caesars could usually be nipped in the bud by threats from Congress. In this scenario, the 2006 election would have sent a much clearer signal to Bush to clean up his act, because otherwise, under this scenario, the newly elected Democratic Congress might well depose him and call for new elections.

Such a change, it goes without saying, would no doubt require a constitutional amendment. And it raises some very interesting possibilities, which do not entirely commend the proposal. For example, suppose we had such a system in 1863. Would Congress have kicked Abraham Lincoln out of office when things were not going well for the Union Army?
Posted 2:09 PM by JB [link]