US Senate No Confidence Vote

The US Senate is poised to hold a vote of no-confidence in the US Attorney-General today. No confidence votes have a different meaning in a Presidential system to a Parliamentary one, in the latter it can bring down a government, ironically, because of poor separation of powers; it cannot in a Presidential system.

The most famous no-confidence vote in Australian Parliament is the one that brought down the Gorton Government. The lead up of events involved the resignation of Malcolm Fraser as Minister for Defence, and journalist Alan Ramsey yelling out "you liar" during in parliament. A no-confidence vote was brought against Gorton and ended up 33-33. Gorton cast the deciding vote and declared the position of leader vacant.

No-confidence votes in the US system do not bring such dramatic results. In fact, I could not find an instance of a no-confidence vote being performed in the US House of Representatives. Bush's comment on the proposed no-confidence bill was :

They can try to have their vote of no confidence, but it's not going to determine - make the determination, who serves in my government. There's been no wrongdoing.

There is probably good reason to believe that the Attorney-General's office has violated the Hatch Act; but the prior sentences are correct.

The US Executive Cabinet is appointed by the President, but without Senate approval they are just nominations:

and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law:

That the US Senate is holding the vote of no-confidence suggests that their approval of Gonzales has been removed. The no-confidence vote is symbolic in the US, as it is in the Australian system, but in the US it has less capability to bring about a dramatic change.

From the party political point of view, it wedges several Republican Senators who must choose between loyalty to the President as a leading member of their party, or their conscience, which surely must recognise how poorly administered and highly politicised the Justice Department has become. Charles Schumer said as much :

If all senators who have actually lost confidence in Attorney General Gonzales voted their conscience, this vote would be unanimous.

Then again many of the elected Republicans, in the House and Senate, have tried to distance themselves politically from Bush, who languishes in the low 30% of popularity. This may be a chance for them to publicly slap Bush's Administration on the wrist.

I suspect a more successful policy, from both a political and good governance stand point, is to continue to act as a check and balance on the Bush Administration and hold inquiries into their conduct of executive affairs.

A no-confidence vote in a Presidential system will not restore good governance, the legislative energetically overseeing the executive will.

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