| We no longer can trust Congress to impeach and | | | | incredible sense. If we the people really are |
| remove a terrible president. The Washington Post | | | | sovereign, then we should have the constitutional |
| has published an op-ed piece by Robert Dallek | | | | right to remove a president. |
| that proposes a constitutional amendment to allow | | | | Sadly, Dallek did not also support using a |
| "ouster by the people" for removing a president | | | | mechanism already in our Constitution to propose |
| other than by impeachment or because of | | | | amendments that are unlikely to come from |
| incapacity. Considering the dismal performance of | | | | Congress. Our Founders placed in Article V the |
| George W. Bush and his administration and the | | | | option of having a national convention for the |
| difficulty in obtaining impeachment, this is a fine | | | | purpose of proposing amendments. Only one |
| idea. | | | | specific requirement is given and that has been |
| Here are the main features of the amendment: | | | | met, but Congress has refused to call an Article V |
| The recall procedure would begin by obtaining a | | | | convention, though more than two-thirds of state |
| 60 percent vote in the Senate and House. Public | | | | legislatures have asked for one and even though |
| pressure on Congress could help it shift decision | | | | Article V says that it "shall" do so. |
| making to the electorate. Congressional support | | | | If Congress has refused to honor Article V and |
| would initiate a national referendum that would be | | | | give we the people what we have a constitutional |
| open to all eligible voters in state elections. Clearly, | | | | right to - an amendment convention operating |
| it should be done fairly quickly. The ballot would | | | | outside the control of Congress, the presidency |
| simply offer the choice of voting "yes" or "no" to | | | | and the Supreme Court, then it seems unlikely to |
| the option of removing the president and vice | | | | propose a new amendment that would give the |
| president from office immediately. If the majority | | | | nation a national referendum to remove a |
| votes in favor of removal, then the Speaker of | | | | president and vice-president. Each of the two |
| the House would become president and choose a | | | | major parties will fear that someone of their |
| vice president who would have to be confirmed | | | | party could be removed from office and that a |
| by majorities in the House and Senate. | | | | Speaker from the other party might become |
| These are solid ideas that would add a much | | | | president. |
| needed dose of direct democracy that would hold | | | | Pressure could be mounted now on Congress to |
| presidencies more accountable to Congress and | | | | obtain the new amendment for removing a |
| the general public than any constitutional | | | | president or it could be mounted on Congress to |
| mechanism now available. | | | | obey the current Constitution and give us an |
| There must be limits in a functional and fair | | | | Article V convention. Choosing the second option |
| representative democracy to what a president | | | | has the huge advantage that by obtaining the |
| can do. Bush has more than demonstrated that | | | | nation's first Article V convention we would also |
| the presidency has become much too powerful, | | | | have the opportunity to consider other sensible |
| able to undermine our Constitution and the rule of | | | | amendments. Fears of an Article V convention |
| law, sell out our national sovereignty, put us in | | | | have been nurtured over the decades by groups |
| incredible debt, waste American lives, and walk all | | | | now wielding power over Congress through |
| over Congress. | | | | lobbying and campaign contributions. Such fears |
| There are 18 states that have a recall process | | | | are nonsense. Whatever an Article V convention |
| for sitting governors. So this notion is not absurd. | | | | proposes must be ratified in exactly the same |
| Interestingly, in only two cases have governors | | | | way that all proposals from Congress are ratified. |
| been removed through citizen action: In North | | | | The second point, therefore, in favor of working |
| Dakota in 1921, and more recently in California in | | | | in favor of an Article V convention is that |
| 2003. Recall works, but has not been used | | | | Congress has also largely failed we the people. |
| frivolously. | | | | Making it obey Article V and give the nation an |
| As Dallek correctly concluded: "The nation should | | | | alternative means of national discussion of possible |
| be able to remove by an orderly constitutional | | | | constitutional amendments that a corrupt |
| process any president with an unyielding | | | | Congress will never propose makes all the sense |
| commitment to failed policies and an inability to | | | | in the world. For example, there is serious |
| renew the country's hope." Amen. | | | | attention being given to the idea of electing |
| The removal process has the distinct advantage | | | | Supreme Court Justices, rather than continue |
| of not immobilizing Congress when it pursues | | | | allowing political considerations to choose them. |
| impeachment. More important, removing a | | | | But neither major party would want to lose its |
| president through a national referendum that | | | | power to shape the court, so that amendment |
| involves many millions of citizens, rather than | | | | will not be proposed by Congress. |
| simply through members of Congress, makes | | | | |