America's constitutional democracy is going to collapse.
Some day — not tomorrow, not next year, but probably sometime before runaway climate change forces us to seek a new life in outer-space colonies — there is going to be a collapse of the legal and political order and its replacement by something else. If we're lucky, it won't be violent. If we're very lucky, it will lead us to tackle the underlying problems and result in a better, more robust, political system. If we're less lucky, well, then, something worse will happen.
Very few people agree with me about this, of course. When I say it, people generally think that I'm kidding. America is the richest, most successful country on earth. The basic structure of its government has survived contested elections and Great Depressions and civil rights movements and world wars and terrorist attacks and global pandemics. People figure that whatever political problems it might have will prove transient — just as happened before. (...)
The breakdown of American constitutional democracy is a contrarian view. But it's nothing more than the view that rather than everyone being wrong about the state of American politics, maybe everyone is right. Maybe Bush and Obama are dangerously exceeding norms of executive authority. Maybe legislative compromise really has broken down in an alarming way. And maybe the reason these complaints persist across different administrations and congresses led by members of different parties is that American politics is breaking down.
The perils of presidential democracy
To understand the looming crisis in American politics, it's useful to think about Germany, Japan, Italy, and Austria. These are countries that were defeated by American military forces during the Second World War and given constitutions written by local leaders operating in close collaboration with occupation authorities. It's striking that even though the US Constitution is treated as a sacred text in America's political culture, we did not push any of these countries to adopt our basic framework of government.
This wasn't an oversight.
In a 1990 essay, the late Yale political scientist Juan Linz observed that "aside from the United States, only Chile has managed a century and a half of relatively undisturbed constitutional continuity under presidential government — but Chilean democracy broke down in the 1970s."
The exact reasons for why are disputed among scholars — in part because you can't just randomly assign different governments to people. One issue here is that American-style systems are much more common in the Western Hemisphere and parliamentary ones are more common elsewhere. Latin-American countries have experienced many episodes of democratic breakdown, so distinguishing Latin-American cultural attributes from institutional characteristics is difficult.
Still, Linz offered several reasons why presidential systems are so prone to crisis. One particularly important one is the nature of the checks and balances system. Since both the president and the Congress are directly elected by the people, they can both claim to speak forthe people. When they have a serious disagreement, according to Linz, "there is no democratic principle on the basis of which it can be resolved." The constitution offers no help in these cases, he wrote: "the mechanisms the constitution might provide are likely to prove too complicated and aridly legalistic to be of much force in the eyes of the electorate."
In a parliamentary system, deadlocks get resolved. A prime minister who lacks the backing of a parliamentary majority is replaced by a new one who has it. If no such majority can be found, a new election is held and the new parliament picks a leader. It can get a little messy for a period of weeks, but there's simply no possibility of a years-long spell in which the legislative and executive branches glare at each other unproductively.
But within a presidential system, gridlock leads to a constitutional trainwreck with no resolution. The United States's recent government shutdowns and executive action on immigration are small examples of the kind of dynamic that's led to coups and putsches abroad.
There was, of course, the American exception to the problems of the checks-and-balances system. Linz observed on this score: "The uniquely diffuse character of American political parties — which, ironically, exasperates many American political scientists and leads them to call for responsible, ideologically disciplined parties — has something to do with it."
For much of American history, in other words, US political parties have been relatively un-ideological and un-disciplined. They are named after vague ideas rather than specific ideologies, and neither presidents nor legislative leaders can compel back-bench members to vote with them. This has often been bemoaned (famously, a 1950 report by the American Political Science Association called for a more rigorous party system) as the source of problems. It's also, according to Linz, helped avert the kind of zero-sum conflicts that have torn other structurally similar democracies apart. But that diffuse party structure is also a thing of the past.
Some day — not tomorrow, not next year, but probably sometime before runaway climate change forces us to seek a new life in outer-space colonies — there is going to be a collapse of the legal and political order and its replacement by something else. If we're lucky, it won't be violent. If we're very lucky, it will lead us to tackle the underlying problems and result in a better, more robust, political system. If we're less lucky, well, then, something worse will happen.
Very few people agree with me about this, of course. When I say it, people generally think that I'm kidding. America is the richest, most successful country on earth. The basic structure of its government has survived contested elections and Great Depressions and civil rights movements and world wars and terrorist attacks and global pandemics. People figure that whatever political problems it might have will prove transient — just as happened before. (...)The breakdown of American constitutional democracy is a contrarian view. But it's nothing more than the view that rather than everyone being wrong about the state of American politics, maybe everyone is right. Maybe Bush and Obama are dangerously exceeding norms of executive authority. Maybe legislative compromise really has broken down in an alarming way. And maybe the reason these complaints persist across different administrations and congresses led by members of different parties is that American politics is breaking down.
The perils of presidential democracy
To understand the looming crisis in American politics, it's useful to think about Germany, Japan, Italy, and Austria. These are countries that were defeated by American military forces during the Second World War and given constitutions written by local leaders operating in close collaboration with occupation authorities. It's striking that even though the US Constitution is treated as a sacred text in America's political culture, we did not push any of these countries to adopt our basic framework of government.
This wasn't an oversight.
In a 1990 essay, the late Yale political scientist Juan Linz observed that "aside from the United States, only Chile has managed a century and a half of relatively undisturbed constitutional continuity under presidential government — but Chilean democracy broke down in the 1970s."
The exact reasons for why are disputed among scholars — in part because you can't just randomly assign different governments to people. One issue here is that American-style systems are much more common in the Western Hemisphere and parliamentary ones are more common elsewhere. Latin-American countries have experienced many episodes of democratic breakdown, so distinguishing Latin-American cultural attributes from institutional characteristics is difficult.
Still, Linz offered several reasons why presidential systems are so prone to crisis. One particularly important one is the nature of the checks and balances system. Since both the president and the Congress are directly elected by the people, they can both claim to speak forthe people. When they have a serious disagreement, according to Linz, "there is no democratic principle on the basis of which it can be resolved." The constitution offers no help in these cases, he wrote: "the mechanisms the constitution might provide are likely to prove too complicated and aridly legalistic to be of much force in the eyes of the electorate."
In a parliamentary system, deadlocks get resolved. A prime minister who lacks the backing of a parliamentary majority is replaced by a new one who has it. If no such majority can be found, a new election is held and the new parliament picks a leader. It can get a little messy for a period of weeks, but there's simply no possibility of a years-long spell in which the legislative and executive branches glare at each other unproductively.
But within a presidential system, gridlock leads to a constitutional trainwreck with no resolution. The United States's recent government shutdowns and executive action on immigration are small examples of the kind of dynamic that's led to coups and putsches abroad.
There was, of course, the American exception to the problems of the checks-and-balances system. Linz observed on this score: "The uniquely diffuse character of American political parties — which, ironically, exasperates many American political scientists and leads them to call for responsible, ideologically disciplined parties — has something to do with it."
For much of American history, in other words, US political parties have been relatively un-ideological and un-disciplined. They are named after vague ideas rather than specific ideologies, and neither presidents nor legislative leaders can compel back-bench members to vote with them. This has often been bemoaned (famously, a 1950 report by the American Political Science Association called for a more rigorous party system) as the source of problems. It's also, according to Linz, helped avert the kind of zero-sum conflicts that have torn other structurally similar democracies apart. But that diffuse party structure is also a thing of the past.
