Robert Dallek has an op-ed in the WaPo which argues for a constitutional amendment to remove an unpopular and failed President - a recall election in other words. The electorate had their opportunity to judge in 2004 and they decided to democratically re-elect President Bush. So I do not buy that argument.
I previously argued that democracy has a morality and that means serving out a democratic term unless there is proven criminal behaviour. This is why Whitlam's dismissal by the Governor-General is seen as illegitimate by many as it broke that morality. As Felix commented, if the US wants to remove Presidents half-way through their terms then they should adopt a Parliamentary system and allow the party to remove an unpopular Prime Minister who has lost the confidence of the party, the parliament and the electorate.
Dallek writes:
It's enough to make people think about a constitutional amendment for removing a president other than by impeachment or because of incapacity, as is now provided for under the 25th Amendment. Such an amendment would need to set a high bar for removal and include a process that would be the greatest possible expression of the popular will. This could best be achieved through a recall procedure beginning in the House and the Senate, where a 60 percent vote would be required in both chambers to initiate a national referendum that would be open to all citizens eligible to vote in state elections. The ballot would simply ask voters to say yes or no to removing the president and vice president from office immediately. Should a majority vote to recall both incumbents, the speaker of the House would succeed to the presidency and, under the provisions of the 25th Amendment, would choose a vice president, who would need to be confirmed by majorities in the House and the Senate.Dallek argues that of the eighteen US states with recall mechanisms they are only used very rarely. Given that the White House managed to get their amended FISA legislation through Congress last night over-riding the Democratic majority in the House I do not see how this recall process is useful. The time to remove the Bush Administration was in 2004 when his case for re-election was put to the electorate.





