Sunday, March 4, 2018

Time for Change? The Resignation of President Trump

Time for Change? The Resignation of President Trump
P. Schultz

            Is now the time to make a significant, even radical change in how our constitutional order functions, viz., by forcing President Trump to resign?

            Sounds weird no? Of course it does and this is because the Constitution of 1787 established fixed terms of office for all the offices it created, supplemented by an impeachment process that could result in removal from office. So, we Americans are not accustomed to thinking of tenure in office as unfixed, as something that would reflect a less certain, a less established period of time. But perhaps it is time to change this scheme, to adopt the practice more common in parliamentary systems of less permanent, less secure tenures of office.

            One advantage of such a scheme, especially if done “informally,” that is, without actually amending the Constitution, would be to make government more responsive to changing circumstances. Another advantage would be to facilitate the removal of officials/politicians who demonstrate “ethical deficits,” such as abusing their power and position in inappropriate ways, whether their behavior was sexually or financially inappropriate. Moreover, such a change might help direct, focus, or contain the “rumor mongering” that has come to characterize our political “discourse” insofar as such behavior, to be legitimate, would need to be linked to a political objective.

            Further, although such a practice seems strange to us Americans, it shouldn’t. After all, LBJ was driven from the presidency in 1968 for his Vietnam policies when he decided not to seek re-election. And his successor, Richard Nixon, was driven from the presidency via the threat of impeachment, as a result of Watergate, his domestic spying, and his Vietnam policies. And some would argue that President George H.W. Bush was also denied or relinquished the presidency in 1992 by the threat of exposure of his subversion of President Carter in the 1980 presidential election when he, and others, made a deal with the Iranians not to release the hostages before that election. And, of course, there have been numerous Congresspersons who were forced from office before their tenure expired, ala’ Senator Al Franken of Minnesota just recently. There has even been an example of a Supreme Court Justice being forced to resign, viz., Abe Fortas.

            So, why not make this practice a legitimate part of our constitutional order? To do so doesn’t require any formal changes to the Constitution insofar as many of our changes to our constitutional order, and even some of the most important ones, have occurred “informally,” i.e., without benefit of formal amendments to that document. Constitutional doctrines and practices, like “separate but equal” and “freedom of expression,” were created informally, and the former, “separate but equal,” passed away in the same way. In other words, constitutional changes, even significant constitutional changes have occurred without benefit of constitutional amendments.

            So, why not now openly embrace a movement to force President Trump, because he is unfit to be president, to resign his office? That is, why not treat this practice as a legitimate exercise of political power in our constitutional order, one that is consistent with what we like to think of as a “republican” or “representative” form of government? Seems like a good idea to me.

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