A NO-CONFIDENCE AMENDMENT:
Reuss, Henry S.
A NO-CONFIDENCE AMENDMENT HENRY S....
...Passing the office to the Vice President would exists to develop an alternative method of removing the mean that the same party would retain the Presidency...
...A possible answer, as I have sug- states to approve an amendment that could be implegested to my colleagues in Congress, is a Constitutional mented before Mr...
...A strong Presivictor of such a special election a full four-year term dent and a strong Congress are both necessary...
...Impeachment is so fright- is long enough to make the special election process ful a remedy as not to be readily invoked...
...The student life- credit recent European experiments in work/study prostyle in Vienna allowed little time for work either during grams for holding promise of innovation for the better...
...lost faith in the incumbent, a new President would be Of course Congress can and must do more than it has elected, and the country could get back on course with been doing...
...In spite of tribal prejudices and modes of behavior must be dealt students' revolutionary zeal and an appealing ideology, with-tasks which took our American predecessors al- the Chinese government faced strong opposition in its most a century to accomplish...
...submitted my proposed Amendment in the hope that it More important than the actual removal of a Presi- will stimulate serious study and thoughtful discussion...
...I have rather than the remainder of the vacancy...
...days from the date of adoption of the concurrent resoAmong the auxiliary precautions is, of course, im- lution, the term would be the time between that special peachment...
...to make, and does not make, a vote of no confidence While the vote of no confidence and the stepping something easily achieved...
...A NO-CONFIDENCE AMENDMENT HENRY S. REUSS...
...towns must be planned...
...It should ever both the office of President and the office of Vice help check the erosion of Congressional power by the President became vacant at the same time...
...they're European...
...practice, if the no-confidence vote occurred during the In The Federalist, Hamilton described the ideal of first 17 months of the Presidential term, or during the constitutional government-the idea of a constitution as third or fourth years (in which a vote of no confidence a contrivance which not only empowers but confines gov- would be increasingly less likely, because of the term's ernment...
...To adopt the to the criticism that they have acted vindictively or on no-confidence procedure would be a long way from trivial grounds...
...difficulty lies in this: you must first enable the govern- If the election occurs at the regular November midment to control the governed...
...While studying at If in fact we hold European traditions responsible for the University of Vienna a few years ago, I observed the dichotomy of work and study, we must, in fairness, this phenomenon in Europe's backyard...
...And-most importantly-this "course must look for leadership, for execution of legislative correction" could be made quickly, and fully within the policies, for planning and administration of the laws...
...that the Chinese have accepted work as a dignified form As mentioned, these student attitudes are not charac- of learning...
...The public could retaliate against the legislators at an election to sees us, 535 strong, unable to enter upon any coherent be held at the same date of, or reasonably close to, the policy, unable to move the Administration upon a conPresidential election...
...Acting upon President--excessive delegation of powers to the Presithis authority, the Congress in the Act of March 1, 1972, dent, use of executive agreements not requiring ratifidealing with Presidential succession, did provide for a cation rather than treaties, making war without Conspecial election in that event...
...Sanitation facilities must be built...
...Third, the special Presidential election that follows A parliamentary system has that alternative, of course...
...time-tested electoral process, rather than through the Under our present constitutional structure, the only cumbersome, traumatic impeachment process which has way we can give them that kind of Executive is by the always been available to us, but has only once been used drastic remedy of impeaching the incumbent...
...Nixon completes his second term...
...The Scandinavian folk schools which mix the two eleJOEL C. MILLONZI is an assistant professor of social sciences ments are an interesting example of what can be acat Fiorello H. LaGuardia Community College on Long Island...
...by which vigor and health and moral authority can be Fourth, since the incumbent President against whom restored to the Executive...
...theoretical works of Hegel and Schopenhauer...
...Vice President to act in his stead...
...But it is to the Executive that the country new leadership...
...native, they prefer a crippled executive to the dimly The incumbent could, if he and his party wished, run perceived evils they fear lurking throughout the impeachagain in the special election for a new term...
...Both the Presidency and the Congress would arose for its utilization, its existence should dispel any be strengthened in the process...
...In new judgment of the people...
...Many pragmatic discourses of people like Schiller and James of them attend universities in nations facing enormous seldom found their way into our cafe house exchanges...
...the vote of no confidence will take place in 90-110 days, When the government loses the confidence of the people or at the mid-term Congressional election date if the and of the legislature, it falls, and recourse is had to a no-confidence vote occurs after June 1 of that year...
...his ability to govern with the full effectiveness that modThe purpose would not be merely to remove from ern times demand...
...ing their own confidence in the President, who then could The opinion polls show a similar decline in public resume governing with a much stronger and much appreciation of Congress as an institution, and a decline clearer mandate from the people...
...But the catastrophic plunge in Presithree-fifths majority, votes "no-confidence" in the in- dent Nixon's approval-rating symbolizes the demise of cumbent...
...Bryce said, the remedy of impeachment "is so heavy it is unfit for ordinary use...
...had become there...
...But inability to lead, loss 'of HENRY S. REUSS is Congressman from the 5th District, Wisconsin.moral leadership, presiding over an Administration in Commonweal: 127 shambles, possessing an aptitude to choose the wrong that Congress is willing to vote no confidence and call aides and subordinates-all these and many other faults for new elections, that President should not be left in are hardly impeachable offenses...
...which held education, particularly in universities, a pro- Indeed, student youth hostels may symbolize Europe's cess properly to be set aside from the workplace...
...If they wished, they in esteem for the individual Congressman...
...In framing a government which is to be ad- prospective running its course), the special election ministered by men over men," he said, "the greatest would occur in this 90-110 days...
...This should guage of Article II, section 1, clause 5, so as to give lessen Presidential arrogance, and induce a President Congress the option of calling a special election when- to consult and cooperate with the Congress...
...WORK WHILE YOU STUDY JOEL C. MILLONZI The workplace enters the learning process Peculiar as it may seem, students in most places the academic year or between terms...
...worthwhile, while at the same time it gets back into Hamilton's "dependence on the people" as "the pri- phase' with the regular Congressional election dates at mary control on government" argues for a mechanism the earliest possible time...
...As with separation of the vocational from the academic...
...Jan Myrdal's and Gun Kessele's book, Even government attempts to promote involvement The Revolution Continued, vividly portrays how it has through summer work programs attract only a small per- been only recently through the work of the Red Guard centage of students...
...This provision was law gressional approval, impoundment of funds, executive for some eighty years and, while the occasion never privilege...
...In the absence of a viable alterrestate their mandate by which the President was elected...
...teristically African...
...Therefore, it seems clear that the necessity statute...
...There is not time for Congress and the good of the country...
...Here are its details: part of his term, it seems only fair and equitable to Under the amendment, the legislative branch, by a exempt him from the two-term Constitutional limitation vote of no confidence, can set in motion proceedings and permit him to seek vindication from the voters if for a new election to determine the choice of the people...
...But the Framers also structured the powers election and the next Congressional election, plus two conferred in the Constitution to include an intricate years-a total of around three years or so...
...This attitude may visit, one could sense the popular sympathy and accombe attributed to those vestiges of European tradition modation for the student whose only vacation was study...
...If the Con- ment process...
...roads Even Chinese students have displayed European chamust be constructed...
...adopting the total parliamentary system, however, since Second, while the proceedings are in motion, the Pres- the new government to emerge from the election would ident who has brought his administration to such a state be the American Presidential government, not a British would be required to turn over the government to his parliamentary prime minister-cabinet system...
...Such a term system of checks and balances...
...work projects...
...much as the new acting President would be expected to enter into a honeymoon with public opinion and thus A New Judgment would be a leading candidate in the election...
...amendment providing for a new Presidential election Public opinion polls are the least of the President's whenever each house of Congress, by an extraordinary worries, of course...
...complished when the premise is that work and study do Commonweal: 129...
...One has only to read of efforts to African university students show a characteristic sim- establish Chinese Labor Universities in the late 1950s ilarity with their peers in other lands in postponing con- to catch a glimpse of how strongly embedded this notion frontation with these problems until after graduation...
...The proposed Constitutional no confidence is voted will have sat out a substantial amendment is aimed at that goal...
...Presidential complicity in wrongdoing-whether indict- But, in order to relieve any unease that a Congress in able offenses or not-exists, impeachment is doubtful the hands of an opposition party would use the vote of indeed...
...At the Philadelphia 12 April 1974: 128 Convention the Framers deliberately structured the lan- dent is the existence of the power to remove...
...no confidence as a narrow partisan weapon to get rid And the Presidency will stumble on...
...and in the next place term Congressional election date, the President would oblige it to control itself...
...Incidentally, Our system needs measures to prevent a continuing the same act also appears to have intended to give the downward spiral of government vitality...
...A dependence on the people serve a regular four-year term, right in phase with Conis, no doubt, the primary control on government...
...Instead, it would offer trauma of impeachment, with its vague requirements the people of the country-the voters-a chance to and Draconian penalty...
...but gressional elections...
...followed by a general election How can the United States be governed when the My proposed amendment (House Joint Resolution President is deemed to have lost the confidence of the 903) is not aimed at President Nixon, though I wish Congress and the public, but refuses to step aside for the we had it now...
...Congress can do a lot, but it cannot shoulder the line of succession established by the Constitution and burden alone...
...And one-third of the Senate and tem, it is by no means a radical proposal...
...The more Take the case of African students, for example...
...It is common all of the House will be running at the same time as, to parliamentary systems, and its development in Engor shortly after, the new Presidential election, vulnerable land preceded the American Revolution...
...Whether walking around the world reject the idea that working and study- through the inner-city streets or on a holiday mountain ing are complementary experiences...
...Yet, despite the magnitude attempt to show that work and study are compatible and immediacy of these and commensurate projects, most paths to knowledge...
...sistent policy designed to lead us out of our current If, however, the voters as well as the Congress had troubles...
...Things will grow of the President, the proper recourse is to follow the worse...
...Yet the people draw back from the office an unpopular President...
...As Lord against a chief executive...
...he wishes to have a referendum on his conduct in office It should be noted that the amendment is not intended -assuming of course, that his party will nominate him...
...I can many European mores, this tradition remains as cultural remember student preference for conversations on the baggage in nations inheriting continental models...
...If it is not shown that office to muddle through until new elections are held...
...inclination to view this proposal with alarm...
...experience has taught mankind the necessity of auxiliary If the special Presidential election is set at 90-110 precautions...
...An extraordinary three-fifths aside of the President is new in the United States sysmajority is required...
...moreover, racteristics of separating work and school...
...If the President has Nor should we think of the special election as somemanaged to weaken his administration to such a point thing unheard of in our system...
...President-one that lets the people make the ultimate Such a step would also deter narrow partisanship, inasdecision...
...Especially is this true in the South, where gress, in voting no confidence, had misread the will of the very word evokes memories of the regional bias in the people, the voters would set things straight by renew- the 1868 impeachment of Andrew Johnson...
Vol. 100 • April 1974 • No. 6
