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tfehringyesterday at 3:46 PM12 repliesview on HN

I don’t see how constitutional changes would help. The constitution already creates separation of powers, limits on executive authority, and procedures for removing an unfit president or one who commits serious crimes. But these only matter to the extent that majorities of elected and appointed officials care, and today’s ruling notwithstanding, there’s no political will to enforce any of them. The plurality of American voters in 2024 asked for this, and unfortunately we are all now getting what they asked for and deserve.


Replies

blackcatsecyesterday at 4:16 PM

I think you're misunderstanding at least a little bit here. The Constitution created separation of powers, but what it did not do is explicitly block a particular branch from either abdicating their duty or simply delegating their power back to the executive.

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.

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lhopki01yesterday at 4:29 PM

I'm not sure why Americans are so certain that their system of separation of powers is the right one. Most countries don't separate the executive and legislative like that. The executive is whoever can command the support of the legislative. If you think about the US system it makes no sense. An executive can just ignore the rules created by the legislative by just not enforcing it and the only means to stop that is a 2/3 majority in a body that by it's nature is not representative of the population but rather of States.

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.

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epolanskiyesterday at 8:29 PM

Have a proper mature parliamentary democracy made of multiple parties, not just two, and a prime minister that is always one vote away from resigning.

Slower democracy, sure, but fits advanced economies that need consistent small refactors and never full rewrites every 4 years.

simonhyesterday at 4:24 PM

The problems are a product of the constitutional system. I think the main problem is the elected king presidential system nonsense. Parliamentary democracy is the way to go.

Nitionyesterday at 8:01 PM

I'd like to see a change in voting system to make voting for smaller political parties more viable. My country did this in 1993[1] so I've seen to some extent that it works. A lot of other issues in the US seem downstream from that top-level issue.

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...

ceejayozyesterday at 3:59 PM

> I don’t see how constitutional changes would help.

At the very least, we need a clarification on presidential immunity.

lapcatyesterday at 3:54 PM

> The majority of American voters in 2024 asked for this

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.

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cael450yesterday at 6:34 PM

The American constitution is riddled with problems that many later democracies managed to fix. In general, the founding fathers envisioned a system where amendments were far more common and they didn't realize they made the bar too high. And that doesn't even touch on the electoral college, first-past-the-post voting, vague descriptions of the role of the supreme court, and no method for no confidence votes. Of course, it would be next to impossible to fix these in America because it would require a significant rewrite of the constitution.

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.

tayo42yesterday at 3:53 PM

Fix some of the ambiguities that allowed power to be concentrated in the executive branch. Automatically start elected officials so things like avoiding swearing in don't happen. Limit the power of these executive orders. Introduce recall votes. Switch to public funding for all elections.

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.

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munk-ayesterday at 3:52 PM

The majority of American voters can be as dumb as they want - the two big failures here are the legislature and the judiciary. The judiciary let an obviously illegal thing sit for far too long while the legislature is too partisan to actually take actions against the administration (except in the case of the Epstein files which has been surprisingly admirable and a rare ray of light in the last year).

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).

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mindslightyesterday at 7:28 PM

Necessary changes, off the top of my head:

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)

unethical_banyesterday at 4:07 PM

Statutorily reduce the power of a rogue president by reinforcing the right of the administrative state to exist with some independence for the rank and file. Reduce conviction threshold in the Senate to 60. Eliminate the electoral college to guarantee the winner of a popular vote is the winner.

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.