“Which posed the greater threat, legislative tyranny or monarchy? Had America revolted against a king, or against his parliament?”
“In the end, Nelson argues persuasively, the royalists won. In this telling, the Constitution created not a radical democracy, but a very traditional mixed monarchy. At its head stood a king—an uncrowned one called a president—with sweeping powers, whose steadying hand would hopefully check the factionalism of the Congress.”
“The two houses of the legislature, elected by the people, would make laws, but the president—whom the Founders regarded as a third branch of the legislature—could veto them. He could also appoint his own Cabinet, command the Army, and make treaties.”
“Linz’s findings suggest that presidential systems suffer from a large, potentially fatal flaw. In parliamentary systems, governmental deadlock is relatively rare; when prime ministers can no longer command legislative support, the impasse is generally resolved by new elections. In presidential systems, however, contending parties must eventually strike a deal.”
“As governments deadlock, executives are inclined to act unilaterally, thereby deepening crises. When parliament refused to provide Charles I with funds unless he met its demands, he moved to circumvent the legislators, and they in turn deposed him. Other presidential systems have collapsed in much the same way.”
“The Framers do not seem to have understood this particular flaw of mixed monarchy. But then, neither did they express absolute faith in their own wisdom. “They were incredibly conscious of the fragility of what they were creating,” Nelson says, “that it depends on forbearance.” The Constitution was an experiment, and its signers believed that its success was contingent on the willingness of varied constituencies to work together.”
“When politicians today praise America’s system of checks and balances, they seem to understand it as a self-correcting mechanism: When one branch pushes too hard, the other branches must push back, preserving equilibrium. That understanding actually encourages politicians to overreact, in the belief that they are playing a vital constitutional role. It also encourages complacency, because a system that rights itself requires no painful compromises to preserve.”
“Neither Congress nor the president has the capacity to govern alone, but either can refuse to compromise, and prevent the other from governing. If the system is thought to be indestructible, the temptation to take stands becomes overwhelming. Filibusters, shutdowns, and executive orders multiply. The veneration of the Constitution becomes its undoing.”