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by wvenable 147 days ago
Failing to enforce the Constitution is part of the problem. The Constitution gives very few options for recourse and was not designed for the situation where two of three branches of government willingly abdicate their own power.

Even the government shutdown is an example of the failure of the US constitution. In most other countries in the world, the inability to pass a budget triggers an election.

3 comments

> In most other countries in the world, the inability to pass a budget triggers an election.

In many parliamentary systems, and some semi-presidential systems this would be likely or automatic. Basically no presidential systems do this, though some have optional safety valves that might be threatened to try to force resolution of a budget deadlock or invoked in response to one, like the muerte cruzada system in Ecuador (which allows the President to dissolve the National Assembly or the Assembly to impeach and remove the President, but either action triggers new elections for both the President and the Assembly.)

This is one of many reasons why presidential systems are bad.

I find very strange that the presidential systems claim to be "republics", presumably because most people do not know what a "republic" had previously meant.

The most important principle of the Roman Republic was that it should not be allowed for any important civilian executive function to be occupied by a single human. All major functions should be held by 2 or more humans with equal power, e.g. 2 consuls for the supreme function (because it would be less likely for all of them to agree to do something abusive or illegal).

Only in exceptional circumstances, like war or natural catastrophes, it was fine to temporarily delegate power to a single dictator, to ensure fast decisions.

This principle of the Roman Republic was intended for avoiding the abuses of power, like those typical for kings. There is very little difference between most presidents of countries with presidential systems and absolutist monarchs, even if their function hopefully is not hereditary, but even this is not always true.

> This is one of many reasons why presidential systems are bad.

It is perhaps a consequence of some of the ways in which Presidential systems are suboptimal, but I don't think it is itself a way that they are bad. If you had a Presidential system and changed nothing else but making failure to pass a budget on a set timeline an election trigger, it would make things generally worse, not better, except maybe if the regular election interval was intolerably long to start with (in which case it would maybe be incidentally weakly, indirectly positive.

>In most other countries in the world, the inability to pass a budget triggers an election.

That's actually a wonderful idea. Our legistlature definitely needs more skin in the game, so I was privy to the idea that their salaries are also frozen during a shutdown (like 90% of federal workers). But having them ousted from their seats can be interesting.

Of course, the obvious counter argument is exploitation. Could a bitter party band together and try to force early re-elections if they feel they have the upper hand?

In a Parliamentary system there needs to be either one party with a majority or a coalition that agrees to rule as one party. If one party wins a clear majority it is rare for a government to fail to pass a budget or collapse early, as it'd require the party to turn on itself. In coalitions bitter parties can indeed force early elections and it happens all the time. It's the reason European countries have such unstable politics and frequently experience government collapse, "caretaker governments", "firewalls" and long delays after an election before a government can be formed.
They did NOT abdicated the power. They, meaning their republican members, are actively using power to achieve or defend republican ideological goals. Democrats are not fighting as they should, they tend to be centrists seeking to accomodate.

But, there was no abdication. There is an intentional cooperation.

It might be cooperation through abdication, but it's still abdication. They are choosing to allow the executive to do things that would be under their control.
I'd say choosing to let the executive execute reckless tarriff policies counts as "abdicating power". If they really believed in their power, Trump would just need to throw tarriff policies at congress and they can approve it with their majority house and senate votes.

Likewise, the Supreme Court putting an immunity clause right before Biden left feels like abdication. Again, if what Trump was doing was just, it'd be easy to interpret it in his favor, 6-3. But instead they gave blanket immunity. It can be intentional cooperation and still be abdicating.