What is to be done?
One of the many outrages of this political moment in America is the refusal by the Republican majorities in the House and Senate to assert the powers accorded the legislature. With the right-wing majority on the Roberts court asserting the “unitary executive theory” and presidential immunity, the only remaining threat to Trump’s seizing dictatorial powers is the power of impeachment and removal from office.
I’m seeing lots of bleating about how, if Democrats take Congress in the midterms, they should impeach Trump. Folks, Trump has already been impeached twice. To remove him from office requires a 2/3 vote in the Senate. A few Senate Republicans did vote to convict after Trump’s second impeachment. They’re out of office now, and *all* congressional Republicans know that if they cross Trump, they’ll be primaried.
Lowering the number of votes required for conviction would require a constitutional amendment. That’s a high bar. But short of that . . .
“. . . allow a secret ballot in the Senate for impeachment votes, a change the body can adopt by rule. South Korea’s use of a secret ballot in its recent presidential impeachment illustrates how institutional design can reduce partisan intimidation. Had this option been available, Trump almost certainly would have been convicted after January 6th.”
Of course, rebalancing the SCOTUS would help. If Democrats take back the White House as well as Congress, they should increase the membership of the SCOTUS to 13, a change that doesn’t require a constitutional amendment.
“Beyond punishing rogue presidents, we should take steps to prevent them from reaching office in the first place. America’s rigid two-party, winner-take-all structure creates incentives for polarization and minority rule. Congress and states could move toward multi-member districts with proportional representation—no constitutional amendment required. More voters would have a representative they actually voted for, and genuine multiparty competition would replace a system where the only real choice is Republican versus Democrat. Restoring fusion voting—still used in New York—would allow third parties to influence elections constructively rather than act as spoilers.
“Our political system, like our constitutional system, has become dangerously presidentialized. A more pluralistic party system would lower the stakes of any single presidential election, reduce the appeal of strongman politics, and redirect political energy toward the legislature—where democratic bargaining, not personal dominance, is supposed to occur.”
Proposals for a post-authoritarian America
I’m seeing lots of bleating about how, if Democrats take Congress in the midterms, they should impeach Trump. Folks, Trump has already been impeached twice. To remove him from office requires a 2/3 vote in the Senate. A few Senate Republicans did vote to convict after Trump’s second impeachment. They’re out of office now, and *all* congressional Republicans know that if they cross Trump, they’ll be primaried.
Lowering the number of votes required for conviction would require a constitutional amendment. That’s a high bar. But short of that . . .
“. . . allow a secret ballot in the Senate for impeachment votes, a change the body can adopt by rule. South Korea’s use of a secret ballot in its recent presidential impeachment illustrates how institutional design can reduce partisan intimidation. Had this option been available, Trump almost certainly would have been convicted after January 6th.”
Of course, rebalancing the SCOTUS would help. If Democrats take back the White House as well as Congress, they should increase the membership of the SCOTUS to 13, a change that doesn’t require a constitutional amendment.
“Beyond punishing rogue presidents, we should take steps to prevent them from reaching office in the first place. America’s rigid two-party, winner-take-all structure creates incentives for polarization and minority rule. Congress and states could move toward multi-member districts with proportional representation—no constitutional amendment required. More voters would have a representative they actually voted for, and genuine multiparty competition would replace a system where the only real choice is Republican versus Democrat. Restoring fusion voting—still used in New York—would allow third parties to influence elections constructively rather than act as spoilers.
“Our political system, like our constitutional system, has become dangerously presidentialized. A more pluralistic party system would lower the stakes of any single presidential election, reduce the appeal of strongman politics, and redirect political energy toward the legislature—where democratic bargaining, not personal dominance, is supposed to occur.”
Proposals for a post-authoritarian America
Equally important is a constitutional amendment to strip unilateral pardon power from the president. Trump has used this power to create a potential army of brownshirts that could be an obstacle to democratic change, without fear of consequences.
@rick,
In the current partisan climate, with both parties closely balanced, a constitutional amendment to end the presidential pardon will happen co-terminus with the first verified report of porcine aviation.