It's certainly an interesting situation that wasn't explicitly spelled out in the law. But as far as everything that's working, it's realistically all within the legal framework of the Constitution. There are procedures to remove an unfit President, sure; but there's no requirement baked into the Constitution that requires those parties to act upon those procedures.
In short, it's a whole lot of short-sightedness of the Constitution combined with willing participants across multiple branches of the government.
The problems unearthed and the damage being done will take decades to fix just our internal issues, and it's very likely we will never resolve our international problems.
I don't know what the future holds for the United States, but we are certainly going to be operating from a severe handicap for quite a while.
Consider that most totalitarian states have constitutions that explicitly forbid torture, discrimination, and many other forms of government suppression of people. This does little in the face of a police state bent on suppressing the people.
I think in practical terms I think it helps limit the extent of the damage by giving everyone a social contract that they can point to in order to keep the "others" in check. In reality it's pretty variable. But I suspect having agreed upon social contracts tilt the odds towards the favored outcome over extended datasets. If that makes sense.
The lines have definitely blurred a lot, especially since the early 1900's. And that's just between the branches, let alone the growth of govt in general.
The Constitution created SCOTUS as a political body.
The sole role of a Supreme Court Justice is to cast votes.
The constitution places zero restrictions on how a Justice decides which way to vote. The Justice is not bound by anything in deciding how to vote.
That includes bribery or other corruption. If bribery is proven, the Justice is subject to criminal prosecution. But conviction does not remove the Justice from office. And removal by impeachment does not undo the cases decided by the corrupt votes of the Justice.
Every vote of every Justice in US history was an "activist judicial practice" in the sense that each vote was made for personal reasons of the Justice that we will never know (opinions only reflect what a Justice chose to say, which in no way means it reflects the personal reasons for the Justice's vote).
Your comment is a political statement about a political body - although you seem to incorrectly believe you are making some type of legal statement.
Examples? The activist judges thing I can see, but I'm not so sure I'm concerned of a body with more singular authority (the president) delegating to a body with more democratic accountability and representation (congress), nor can I easily find any examples of it.
This would be enforced how?
Bingo. The flaw in the constitution. The Executive holds the only enforcement mechanism in government: the FBI, military and other police forces.
Having majored in political science as an undergrad and then being a trial attorney for 40+ years, I would argue that my use of the word 'flaw' is probably misplaced. 'Flaw' implies it could (should) have been created differently.
Alas, I am unaware of ever reading a workable way to 'fix' our constitutional 'flaw'.
As far as I can tell the US system is designed for gridlock. Things like filibuster, lower house elections every two years, state elected upper body, electorate system are all designed to create girdlock.
While Americans as a whole are to blame for some of this they are working in a completely broken system. In tech we try not to blame a person when something goes wrong so we look at what process allowed this to happen. I think many of the US problems are explained by their underlying system which is basically a copy of the English one at the time of Independence with a monarch and a parliament. Unlike the English system though it barely evolved since then.
Even by the time of the civil war, Robert E Lee decided he was Virginian ahead of his national identity.
If you have a bunch of sovereign states, then you need some state-level evening out. If everyone is a citizen of one large state, you can just go proportional.
On top of this, it was never going to be easy to gradually move from one to the other with the issue of slavery looming large, so they didn't fix it. This was still a huge issue in 1848 when a lot of Europe was grappling with how to do a constitution.
So it stayed broken and here we are.
The US quickly realized that the loose federation wasn't going to work and centralized a lot of power. It should continue to evolve it's system.
It's worth noting that even the US doesn't think it's system is a good idea. When it imposes a new government on countries (like Iraq) it chooses a parliamentary system.
For better or worse, our system today isn't quite what it was originally designed as... The Senate was originally selected by the state govts, not direct election... the Vice President was originally the runner-up, not a paired ticket and generally hamstrung as a result. The VP didn't originally participate in the Senate either, that came after WWII.
The good part about the constitution is there is a reasonable set of ground rules for changing said constitution with a minimum that should clearly represent the will of the majority of the population. (corrupt politicians not-withstanding)
The reasonable set of ground rules seem to favor states over the will of the majority of the population. It is possible to change the constitution with states representing only 25% of the population. And remember you'd only need a majority in each of those states so could be way less of the population.
Overall the system seems flawed in that instead of having clearly delegated areas of responsibility to states and then doing the federal system as based on the population of the whole country it muddled areas and then made a federal system that couldn't respond to the population.
At the federal level the US system was designed for gridlock on purpose, with the premise that something shouldn't be federal policy without widespread consensus, and without that consensus it should be left to the states.
The problem is really that many of the gridlock-inducing measures have been thwarted, e.g. delegation of rulemaking power from Congress to the executive and direct election of Senators to prevent state-representing Senators from voting down federal overreach. But those things weren't just there to induce gridlock, they were also the accountability measures, so without them you put corruption on rails and here we are.
I'm not sure why Americans think that the creation of agencies is the problem when other well governed countries do the same. The idea that a legislative body could possible create appropriate regulation in a modern complex world is crazy. That's what a parliamentary system solves. It keeps the executive accountable to the legislative at all times.
The US system was designed as a grand experiment. It made a certain amount of sense at the time: the country as a vast plantation steered by a benevolent master with policy set by wealthy landowners and businessmen who knew what was best for everyone. It was a system already in place in the Americas for generations and most national arguments could be hashed out at the club over some fine imported brandy or, for people like Franklin, some imported tea.
As far as it goes, there have been worse set-ups.
The setup isn't the problem. The refusal to evolve is the problem.
I'd argue that it wasn't really the system in place. The system in place was one of states governing themselves. Before independence the states didn't really deal much with each other.
A similar problem in the United States is the excessive amount of law making by the Judiciary. In most countries the Judicary doesn't' make law it just tells Parliament that they need to change the law. This again means the consequences of who you voted for are not faced.
The pressure builds till there's a breaking point.
Yup. aka vetocracy
It was 49.8%, which is not quite a majority.
It's also worth noting that Kamala Harris received precisely 0 votes in the 2024 Democratic primaries.
[EDIT:] I see that the parent comment has now changed "majority" to "plurality."
If I could make one Constitutional amendment, it would be this: publicly finance all election campaigns, and make private contributions illegal bribery, punished by imprisonment of both the candidate and briber.
I think a competent opposition party would be great for the US. But regardless of the candidate, US voters had three clear choices in the 2024 Presidential election: (1) I support what Trump is going to do, (2) I am fine with what Trump is going to do (abstain/third-party), (3) Kamala Harris. I think it’s extremely clear 3 was the best choice, but it was the least popular of the three.
Was that less bad than what Trump has done in one year? Yes. But Trump in his first term was less bad than this, and recency bias means that what we didn't like about Biden was more prominent in our minds.
But my option 4 looks just like your option 2 in terms of how people voted. I'm just saying that the motive may have been different.
Democracy is a healthy process - I don't know why we buy the stupid line of "we need party unity" when what we need is an efficient expression of the voters will and having that expression is what best forms unity. There are some old Hillary quotes that make me absolutely rabid.
It's really a problem of money though. The DNC really are the king makers when it comes to candidates. That and PAC money are the requirements to get a nomination. At least when it comes to presidency. Smaller elections you get more freedom to have a successful without such things. The whole system needs an overhaul unfortunately and I don't see any candidate from any party looking to fix that any time soon.
Theres plenty we can do. That's off the top if my head. I'm sure if smart people sat down to think about it there are lots of practical and clever ideas.
The majority didn't ask for this. 49% of voters did.
We need changes that address the kind of people that are running for these spots and winning then go on to do a bad job. Congress isn't incentived to be effective.
We need to do something to fix this: gerrymandering ban, increase the number of Reps, add more states for more Senate seats, etc.
>Or hear me out - the congress should start doing their job.
Well, we make them do their job by holding them accountable to the people rather than a billionaire donor class. Citizens United is at the root of all this.
At the very least, we need a clarification on presidential immunity.
Slower democracy, sure, but fits advanced economies that need consistent small refactors and never full rewrites every 4 years.
But sometimes I think about the fact that you guys don't even have the metric system yet...
[1] https://en.wikipedia.org/wiki/1993_New_Zealand_electoral_ref...
The only way this will change is if the rest of the world leaves America behind and the quality of life here becomes so bad that radical change becomes possible.
But you are right that Trump won the popular vote in 2024, so you can't blame that on the system. But a functioning democracy would have more constraints on him. Our legislative branch has been dead in the water for 20 years at this point.
If the majority of American voters elect snoopy the dog snoopy can do all of the things snoopy wants to do within the bounds of the law. Snoopy can use his bully pulpit to fight against dog restrictions in restaurants and grant pardons to previous offenders. Snoopy can ensure efficient spending of money on public water fountains accessible to canines... but if snoopy starts issuing open hand-outs to the red baron (snoopy in a moustache) that's when the other branches of government are supposed to step in - we aren't supposed to need to wait four years for the next election to stop open corruption (especially since corruption is really good at funding more corruption so there's a vicious cycle that can begin if you let it fester @see the recent FBI raid on GA election offices).
You mean like how President Trump just gave 10 billion USD of taxpayer money to a board operated by Private Citizen Trump?
https://www.nbcnews.com/world/gaza/trump-board-of-peace-firs...
1. Ranked Pairs voting for national elections, including eliminating the electoral college. Break this two-party duopoly of bad-cop worse-cop.
2. Enshrining the concept of independent executive agencies, with scope created by Congress, with agency heads chosen by the same national elections. (repudiation of "Unitary Executive Theory", and a general partitioning of the executive power which is now being autocratically abused)
3. Repudiation of Citizens United and this whole nonsense that natural rights apply to government-created artificial legal entities (also goes to having a US equivalent of the GDPR to reign in the digital surveillance industry's parallel government)
4. State national guards are under sole exclusive authority of state governors while operating on American soil (repudiation of the so-called "Insurrection Act"). This could be done by Congress but at this point it needs to be in large print to avoid being sidestepped by illegal orders.
5. Drastically increase the number of senators. Maybe 6 or 8 from each state? We need to eliminate this dynamic where many states hate their specific moribund senators, yet keep voting them in to avoid losing the "experienced" person.
6. Recall elections by the People, for all executive offices, members of Congress, and Supreme Court justices. (I don't know the best way to square courts carrying out the "rule of law" rather than succumbing to "rule of the fickle mob", but right now we've got the worst of both worlds)
(yeesh, I can't believe I forgot that. I started thinking about reforming sovereign immunity, concluded that was something more fine-grained that Congress could do that didn't need to be in the Constitution, and moved on)
Importantly, prosecute every member of the Trump administration for their blatant respective crimes.
I agree with you that the Republican party has failed the country by allowing this to happen. But I think we can still do better.
More "big picture" ideas would be to fundamentally alter the House and Senate, and implement score/ranked voting to allow a multiparty system.
