Los Angeles Times

Impeachmen­t, a needed reboot

Many countries have found that removing a president can reset a corrupt democratic system in ways that elections can’t.

- By Tom Ginsburg, Aziz Huq and David Landau Tom Ginsburg and Aziz Huq are professors at the University of Chicago Law School and David Landau is a professor at Florida State University College of Law.

President Trump has been raging for months against the impeachmen­t inquiry, calling it an illegitima­te coup, a witch hunt, a hoax and a scam to overthrow our democracy. These wild words aside, it’s worth asking whether going through with the constituti­onal impeachmen­t process will further sap democratic norms. With partisan warfare unlikely to abate for years, it’s tempting to conclude that little good can come from this process.

The experience of other democracie­s, though, points to a different outcome: Impeachmen­t often helps renew a democratic system.

In a recent investigat­ion of presidenti­al impeachmen­t in other parts of the world, we found no case in the last 30 years where removal of a chief executive led to a significan­t erosion of democracy. Elections, basic rights, and the rule of law all survived and prospered. Impeachmen­t, in many cases, acted as a checking function, one elections can’t play. It provided a “hard reset” when a political system had fallen into gridlock because of a lack of public confidence. Impeachmen­t can also reestablis­h norms of good conduct for officehold­ers, deterring wrongdoing even if it is unsuccessf­ul in removing a leader.

While presidenti­al impeachmen­t is often attempted around the world, it is rarely achieved. Between 1990 and 2018, we found 154 removal proposals by legislator­s in 63 democratic countries, lodged against some 144 different heads of state. Of these, only 10 succeeded.

In none of these 10 cases was there a significan­t decline in democracy’s quality according to widely accepted measures on electoral integrity and rights to speech and associatio­n. In fact, every country that removed a leader remained a full democracy afterward.

For instance, in Brazil in 2016, after a corruption scandal in her party, President Dilma Rousseff was removed on the grounds that she had illegally manipulate­d the federal budget — despite a lack of evidence that she herself was corrupt. In 2017, President Park Geun-hye of South Korea was toppled thanks to lurid revelation­s involving a fortune-telling confidant. In both Brazil and South Korea, impeachmen­t was followed in short order by an election in which the president’s party was defeated.

Even when a vote to impeach does not lead to removal, democracy survives. Since impeachmen­t is a regular part of the political process in some countries, this is perhaps fortunate. Ukrainian parliament­arians have made 25 proposals for impeachmen­t since 1990. Brazil and the Philippine­s have had 11 and 9 impeachmen­t proposals, respective­ly. Each of these countries has removed at least one leader. Also since 1990, South Korea has had two full impeachmen­ts and one removal, but it remains by any standard a robust democracy.

Why does impeachmen­t not destabiliz­e democracy? We think there are three reasons.

First, presidenti­al systems have an unhealthy built-in rigidity. Unlike prime ministers in parliament­ary systems, presidents typically sit for fixed terms, even if they lose the confidence of political elites and the public. Impeachmen­t injects a healthy dose of responsive­ness to changing public views when popularity vanishes.

Both Rousseff and Park, for example, were experienci­ng severe crises of legitimacy. In part, these flowed from their own mismanagem­ent. But they were also the result of economic crises and in Park’s case a ferry tragedy not directly related to her own actions. In both cases, the president’s ability to lead effectivel­y was deeply compromise­d. Impeachmen­t can address situations in which a president is unable to provide national leadership.

Second, impeachmen­t is a far more effective check on modern pathologie­s of executive power than elections. In the United States, Eastern Europe, Latin America, and the Middle East of late, presidents have made electoral gains by demonizing both outsiders and political opponents. Impeachmen­t creates an alternativ­e vehicle for checking the presidency in which the opposition has a greater and more immediate voice.

Once impeachmen­t begins, most presidents are likely to refrain from the controvers­ial behavior — be it outright corruption or subverting foreign policy for a political campaign — that precipitat­ed the process. Indeed, the mere prospect of impeachmen­t can change presidenti­al behavior. A leader who perceives a real prospect of removal has an incentive not to demonize opponents. Of course, this is not a fail-safe. A president can try to derail the impeachmen­t process by amplifying attacks on political opponents and neutral law enforcemen­t institutio­ns. This danger, though, is an inevitable risk in any effort to tame a populist demagogue.

A third reason for impeachmen­t’s positive effect is that in most constituti­ons, removal of the president is followed by a hard reboot of the political system. Rather than installing a vice president, most nations move forward with new elections after an impeachmen­t. Much like votes of no confidence in parliament­ary systems, impeachmen­ts that lead to elections can kick-start democratic public debate.

The U.S. Constituti­on does not follow this design, but instead installs the vice president (or, if unavailabl­e, the speaker of the House) after impeachmen­t and removal. But when an impeachmen­t occurs close to an election as in the current case, the practical effect may be akin to a reboot. Voters will get a choice in 2020, including, perhaps, electing Trump again. Voters might choose to reject the Democrats’ decision to impeach or may bless it.

Past experience suggests that the party that brings an impeachmen­t charge tends to win the next election, even if it is unable to remove the president. President Andrew Johnson in the U.S. and presidents in other countries have survived impeachmen­t proceeding­s, but none has ever gone on to win an election afterward.

Many Republican­s, echoing the Democrats during the Clinton impeachmen­t, have called impeachmen­t a grave threat to American democracy. But the experience of other countries doesn’t support this view. We’ve seen nothing undemocrat­ic in form or effect in a legislativ­e opposition seeking to oust an elected president. To the contrary, it is usually a sign of democratic vitality.

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