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Capítulo 8 - Presidential Impeachment
Capítulo 8 - Presidential Impeachment
politicians’ careers, and for the formation of public policy.1 From time to
time, country specialists were puzzled by crises without breakdown, but
they tended to analyze those episodes in isolation (see Chapter 2).
What are the theoretical and normative implications of the new pattern
of political instability? Are crises without breakdown mere functional equiv-
alents of traditional military coups, or do they demonstrate the presence
of checks and balances in Latin America? Are they signals of democratic
erosion, or of democratic vitality? Students of comparative politics have
only begun to address those questions, and I suspect that we will see heated
debates in the years to come. Although analysts are naturally inclined to
interpret presidential crises according to their own intellectual frameworks
and ideological propensities, debates will not be settled easily because crises
without breakdown leave multiple and sometimes contradictory legacies.
Among them are the ability of civilian elites to resolve conflicts without mil-
itary intervention, the emergence of unexpected checks and balances, and
the capacity of social movements to exercise vertical accountability through
insurrectional politics. Those legacies – and the paradoxes they embody –
constitute the focus of this concluding chapter. Exploring those paradoxes
may not yield conclusive answers, but it will force us to rethink much of
our current understanding of Latin American presidentialism.
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democratic regime (Lamounier 1994; Linz 1990; Riggs 1988; Shugart and
Mainwaring 1997; Stepan and Skach 1993; Valenzuela 1994).
In the 1990s, new voices questioned this view by pointing out that not
every form of presidentialism is equally dangerous. The argument was
reframed in terms of destabilizing veto players (Tsebelis 1995, 321–322).
According to Cox and McCubbins, the separation of powers characteristic
of presidential constitutions breeds deadlock when the two branches also
display a separation of purpose (Cox and McCubbins 2001). Thus, the pres-
ence of different partisan players in control of the two branches of govern-
ment was seen as a potential source of turmoil. Scott Mainwaring showed
that the interaction between presidentialism and multipartyism constitutes
a difficult combination for democracy (1993, 212–213), and Mark Jones
claimed that stable presidentialism usually requires an executive able to
command a legislative majority (Jones 1995, 160).
As the debate on the perils of presidentialism cast shadows on the
fate of the new Latin American democracies, the multiplication of crises
without breakdown in the 1990s challenged the terms of the debate
(Mainwaring 1999a, 109–110; Pérez-Liñán 2003b). How should these cases
be interpreted? Were they another manifestation of presidential instability,
a challenge to the theory, or just a few irrelevant anomalies?
For Arturo Valenzuela, the collapse of fourteen presidential admin-
istrations2 between 1985 and 2004 simply underscored the well-known
problems of presidentialism: in presidential systems, disputes about spe-
cific grievances may easily escalate into debates about whether the chief
executive should resign, and the related polarization may in turn transform
the governmental crisis into a full-blown crisis of the constitutional order
(Valenzuela 2004, 12).
There is little doubt – and the historical evidence presented in Chapter
3 proved this point – that the underlying propensity of presidential systems
toward interbranch confrontation has not subsided after the third wave of
democratization. But Valenzuela’s interpretation poses an obvious question:
if current presidential crises do not trigger democratic breakdowns, where
exactly do the perils of presidentialism lie? Instability is now installed at the
level of the government, not at the level of the regime. Based on this fact,
most studies of recent presidential crises have drawn an almost diametrically
2 In addition to the ten cases discussed in Chapter 7, Valenzuela discussed the fall of presidents
Hernán Siles Zuazo of Bolivia (1985), Raúl Alfonsı́n of Argentina (1989), and Jean Bertrand
Aristide of Haiti (in 1991 and again in 2004).
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The concern with unconstrained presidents has survived into the present,
sometimes inspiring stereotypical representations. Maybe the most dra-
matic depiction of Third World presidentialism was put forward by Carles
Boix, who suggested that because elected presidents are not fully account-
able to the other branches of government, they may seize most of the
nation’s fixed assets and impose a dictatorship (Boix 2003, 152).
A much more nuanced image of presidential dominance pervaded the
debate about delegative democracy in the 1990s. Guillermo O’Donnell
argued that many new democracies “rest on the premise that whoever wins
election to the presidency is thereby entitled to govern as he or she sees
fit, constrained only by the hard facts of existing power relations and by a
constitutionally limited term of office” (O’Donnell 1994, 59).
O’Donnell’s ideal type emphasized three different but related problems:
the absence of horizontal accountability (i.e., control over the executive
exercised by Congress or other institutions); a pattern of politically isolated
and highly technocratic economic decision making; and a cycle leading from
presidential “omnipotence” early in the president’s term to political “impo-
tence” by the end of the administration. Subsequent work on this topic
emphasized the problems of horizontal accountability (e.g., Larkins 1998;
O’Donnell 1998) and unilateral policy making (e.g., Ghio 2000; Panizza
2000), but for the most part ignored the cyclical nature of presidential
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power that became so evident in most presidential crises (as partial excep-
tions, see Helmke 2002; Schmidt 2000; Weyland 1993).
The multiplication of impeachments in the early 1990s posed an impor-
tant question for this traditional view. In the absence of horizontal account-
ability, how could Congress have challenged presidential dominance, held
the president accountable, and removed him from office time after time?
The first possible solution to this puzzle is that impeachments took place
in countries that were not delegative democracies. But this answer is clearly
unsatisfactory. Brazil, the nation that initiated the wave in 1992, was one
of the cases that O’Donnell identified with the ideal type, and among the
examples of weak horizontal accountability were established polyarchies
such as Colombia and Venezuela (O’Donnell 1998, 112).
A second way to account for this paradox is by discarding the concept
of delegative democracy altogether, claiming that it fails to reflect the true
attributes of Latin American presidentialism in the 1990s. Neo-institutional
studies have revisited the role of legislatures vis-à-vis the executive branch,
noting that delegation is one among several possible strategic interactions
between the executive and Congress (Carey and Shugart 1998; Cox and
Morgenstern 2001; Palanza 2006). Thus, when legislators failed to exercise
their oversight they may have done so for strategic reasons rather than as a
result of institutional impotence. Congressional leaders may have realized
that challenging a popular president would not help their political careers,
or they may have wanted the executive branch to take sole responsibility
for unpopular policies. Yet, when confronted with popular demands to do
so, they were fully capable of conducting an investigation and removing the
president from office.
The problem with this answer is that, paradoxically, it ignores the strate-
gic effects of horizontal accountability. It is true that the multiplication of
impeachments proved that congressional oversight could ultimately be exer-
cised, but these outbursts of congressional action represented an intermit-
tent form of accountability, very different from the institutionalized form
that is (at least in theory) characteristic of well-established democracies.
Like any other form of law enforcement, impeachment is successful only
when its shadow discourages the perpetration of misdeeds. This strategic
effect is imperfect anywhere, but the surprise and skepticism with which
many Latin Americans observed the unfolding of impeachment processes
indicates that horizontal accountability was not an institutionalized trait of
these regimes.
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I suspect that there is a third and more complex answer to this puz-
zle, an answer that fits O’Donnell’s thesis of presidential power cycles as
well as Smulovitz and Peruzzotti’s thesis about the emergence of societal
accountability in Latin America (Peruzzotti 2005; Smulovitz and Peruzzotti
2000). In the 1990s, the multiplication of impeachments signaled the emer-
gence of a model of checks and balances consistent with, and embedded in,
the new pattern of political instability. The search for presidential account-
ability took place in a context marked by a traditional Latin American
dynamic – executive dominance punctuated by presidential failure – but
also by new conditions, namely, the inability of military leaders to take over
and the related emergence of new decisive actors like the mass media and
the protest movements (Smulovitz and Peruzzotti 2000).
The model of horizontal accountability that emerged in this context
can best be characterized as politicized and spasmodic. By “politicized,” I
mean that short-term electoral, partisan, and personal considerations drive
legislators’ decisions about impeachment as much as their concerns about
presidential dominance or institutional maintenance (Mayhew 1974). By
“spasmodic,” I mean that the impeachment mechanism is activated inter-
mittently as a way to handle extreme situations, without a more continu-
ous exercise of congressional oversight during “normal” times (see Siavelis
2000). The elites used impeachments as a way to control presidents who had
become too unpopular, too unpredictable, or too unwilling to compromise.
But institutional checks were activated intermittently in order to dethrone
undesirable presidents rather than to prevent presidential dominance and
misdemeanors at an early stage.
This position lies somewhere between a pessimistic image of Latin
America as a vast institutional wasteland and an optimistic image of soci-
eties governed by well-established “rules of the game.” In a presidential
regime deprived of any effective mechanism of horizontal accountability,
we would expect presidential excesses to be common and impeachment to
be unknown. In a context of strong horizontal accountability, we would
expect high crimes and misdemeanors to be rare – and impeachment to
be equally unusual. By contrast, presidential misbehavior was frequent in
Latin America during the 1990s, but impeachment emerged as an unex-
pected phenomenon. Impeachments proved that legislators were strong
enough to hold the president accountable when media scandals and popu-
lar protest gave them enough leverage, but not strong enough to discourage
the occurrence of presidential abuse on a regular basis.
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but the officers have no right to speak for the people. Second, a military
revolt by definition violates a democratic taboo – the use of violence to
achieve power. By contrast, an ideal-typical uprising seems to reverse those
assumptions: it is the people who make their voices heard in the streets, and
any form of violence – to the extent that it takes place – is just indicative
of a desperate situation, proof that the elected rulers have not represented
the people’s interests.
Time after time, these two assumptions have informed the understand-
ing of popular uprisings. Unfortunately, the difference between a “popular
impeachment” and a “popular coup” is often blurred, as the example of
January 2000 in Ecuador illustrates (Pallares 2006; see also Munck 2006,
11). For this reason, the two underlying assumptions deserve some careful
consideration.
First, there is the issue of representation. In principle, there is no clear
democratic principle to support the argument that protests should trump
votes. In other words, why should the will of the people currently trying
to oust the president prevail over the will of the people who cast votes
in favor of the same president in the last election? Working in the midst
of crises, politicians have eschewed abstract philosophical debates in favor
of practical solutions to this dilemma. The evidence presented in previous
chapters has shown that the scope of social protests is critical to determining
their political leverage. The presence of a broad street coalition conveys the
message that something resembling a supermajority wants the president out
of office.
Unfortunately, after a broad coalition succeeds in deposing a president,
the task of representation only begins. Who has the right to set the new
agenda? Interpretations of popular protest often assume that uprisings have
unified goals, convey clear mandates, and have foundational consequences
for the political system; but the evidence in this regard is mixed. Just like the
horizontal accountability exercised by legislators, the vertical accountabil-
ity exercised by social movements is often politicized and spasmodic. Two
dynamics account for this outcome: popular movements may divide over the
new agenda and ultimately play into the hands of traditional actors, or they
may displace those actors from power only to create new unaccountable
governments.
Popular uprisings do not occur in isolation, and they are often shaped
by complex interactions between emerging social forces and conventional
political structures (Pallares 2006). The experience of Argentina after the
2001 crisis is illustrative. The middle-class assemblies that proliferated
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but at the same time has legitimized the potential use of popular protest
as a “democratic” form of praetorian politics. As a positive by-product,
this asymmetric situation has encouraged the emergence of a restrained
style of presidential rule. In the early 2000s, presidents as dissimilar as
Eduardo Duhalde and Néstor Kirchner in Argentina or Hugo Banzer and
Carlos Mesa in Bolivia bowed to the proliferation of popular protests, try-
ing to funnel them through a dense web of negotiations, social programs,
and patronage rather than confronting them with security forces (Gamarra
2004).
A debate about the democratic legitimacy of insurrectional politics is still
pending. Defenders of popular uprisings will be tempted to dress them in
epic narratives, but they will have a hard time convincing other democrats
that social movements have an intrinsic right to forceful political action
while other nonstate actors should commit to human rights and abide by
the rule of law. Critics of popular uprisings will be tempted to cast this
problem as a Hungtingtonian tension between social incorporation and
democratic institutions, but they will have a hard time convincing other
democrats that this approach is not a latent justification for social exclusion
and institutional rigidity.3
Maybe the most important lesson taught by recent presidential crises
is that presidents who exercise virtually unconstrained power in a context
of high popularity often become easy targets when their approval ratings
plummet and mass protests consume their political capital. The impeach-
ment process has emerged as the most effective way to manage the downfall
of an elected administration while protecting a democratic constitution, but
it has generally failed to prevent a new cycle of presidential dominance and
government collapse. Military coups may be the drama of the past, but there
are reasons to believe that crises without breakdown will be Latin America’s
drama for years to come.
3 Interestingly, the recent popular uprisings proved that conflict-ridden incorporation is not
simply a by-product of the modernization process. Street coalitions were often formed by
the poor, but they did not represent new social groups created by the process of economic
development. (For the classic work on this topic, see Huntington 1968.)
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