The States Should Have the Power to Fire Congress

Let’s Fire Congress

Most parliamentary systems have a mechanism to dismiss the legislative body when it’s not working. This causes new elections and hopefully changes. However, there is an interesting anomaly in the American system: Congress can’t be fired in whole or in part.

How Do we Fire Congress?

I can see how the Founders might have struggled with this question although to my memory the Constitutional Convention record doesn’t show much discussion on the subject. However, the Federal government was not as powerful or as active in everyday life until the 20th century. Given Congress’ limited powers (Interstate commerce, provide for common welfare including defense, borrow money, engage in trade and diplomacy, form and regulate a judiciary, and administer a capital) why would they ever need to be fired? Elections take place regularly enough (2 years for the House and 4 for the Senate in thirds) that the power most likely didn’t seem necessary. Its 2015 and we now need the power to fire Congress and get snap elections. There are two places you can put this power: within the Executive and within the Supreme Court. Putting the power within the Executive is far too close to politics especially given party politics of our day and our limited parties. I can see how the Chief Justice of the Supreme Court might be an attractive option but that is too far away from people in some sense and it would have to be regulated and modified in such a way that the power would be hardly used. After these considerations, I came to a conclusion based on the 10th amendment. The states should have the power to fire Congress. A simple majority of states, 26, can pass resolutions within their state legislatures dismissing Congress, once the 26th state signs on, Congress would have 2 days to adjourn and return home for snap elections to take place 30 days later unless within 6 months of regularly scheduled elections at which point Congress would be required to adjourn until elections were held.

Obviously, it would have to be a matter of tremendous import for the states to convene their legislatures and pass such a resolution. However, at times during the budget crisis it would have been helpful to get an immediate accounting of the actions of the people’s representatives.  To have to ability to recall legislators at a national level by the people would give Congress a reason to act in a way that would be more conducive to what the people want. If government is a reflection of the will of the people, then Congress needs to be accountable regularly and extraordinarily. The states already have the power to amend the U.S. Constitution without Congressional consent using the Convention system on a single issue. This is not a far leap from that system.

Now what do you think it would take to get the Constitution amended to make this a reality? The simple answer is a great deal. While the likely hood is very low, a political scientist can dream. What do you think? Would you like the power to fire Congress?