Jonah Patel
A coup d'état, or coup, is an illegal or overt attempt to seize control of a government. A self-coup occurs when a legally appointed leader tries to stay in power illegally, for example, by suspending the constitution and ruling by decree. While the US Constitution does not explicitly prohibit self-coups, certain legal and political institutions may reduce the risk of a successful self-coup attempt. The risk of a self-coup in the United States has been a topic of discussion, with some arguing that the expansion of presidential power beyond what was originally intended by the Founding Fathers could be interpreted as a creeping constitutional coup. This gradual expansion of power can include actions such as vetoing pipelines, making treaties without Senate consent, declaring war, spending money without congressional approval, and ignoring federal laws. The characterization of these actions as a coup is contested, but they highlight the complex relationship between the original Constitution and the evolving needs and demands of the present day.
| Characteristics | Values |
|---|---|
| Definition | A constitutional coup occurs when a person or group seizes political power by exploiting loopholes or ambiguities in the said constitution. |
| Examples | In 2005, the president of Burkina Faso, Blaise Compaoré, exploited a quirk of the 1991 constitution to stay in power after he had expended the term limits. Other African countries that have successfully undertaken constitutional coups include Algeria, Burundi, Cameroon, Chad, and many more. |
| Methods | Removing term or age limits, changing electoral rules to hinder opposing candidates, postponing elections indefinitely, invalidating the candidacy of opponents, etc. |
| Enablers | Weak democratic institutions, absence of "democratic culture", struggles between rival factions, and willing and participatory parliaments. |
| Self-Coup | A self-coup occurs when a legally appointed leader tries to stay in government illegally, e.g., by claiming the election is rigged. It involves a conflict among the branches of government and can be mitigated through selection mechanisms and incentive structures. |
| Administrative Coup | An illegal overthrow of a government without overt violence, relying on claiming powers, intimidation, bullying, extortion, and threatening media to seize all powers. |
| US Context | The risk of a self-coup in the US is a concern, with some arguing that the US presidency has become an "imperial presidency", gradually expanding its powers beyond what was intended by the Constitution. |
| US Examples | Trump's actions during his presidency, such as attempting to suspend federal grants and loans, defying the Constitution by ending birthright citizenship, firing government watchdogs, and pardoning violent insurrectionists, have been described by some as an "administrative coup". |
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What You'll Learn
What is a constitutional coup?
A constitutional coup occurs when a person or group seizes political power by exploiting loopholes or ambiguities in a country's constitution. This is in contrast to a traditional violent coup d'état. Supporters of constitutional coups exploit their political power to semi-legally seize more. They can be carried out in many ways, including removing term or age limits, changing electoral rules to hinder opposing candidates, and postponing elections indefinitely.
Constitutional coups are often facilitated by weak democratic institutions and an absence of "democratic culture" within countries. They are also more likely to occur amid struggles between rival factions, particularly between ethnocultural or religious groups. Constitutional coups often involve willing and participatory parliaments, and changes to term limits are often accompanied by other constitutional changes meant to weaken the political opposition.
Constitutional coups are considered a relatively recent occurrence in global democracies, with as many as 30 African heads of state having attempted them since the early 1990s. African leaders have developed a preference for constitutional coups over traditional coups, as they are less likely to anger foreign aid partners and there are greater safeguards against traditional coups. Several African countries, including Algeria, Burundi, Cameroon, Chad, Egypt, Rwanda, and Uganda, have successfully undertaken constitutional coups.
In the context of the United States, the term "creeping constitutional coup" has been used to describe the expansion of presidential power beyond what was originally intended by the Constitution. While no aspiring president is expected to stage an actual coup, the gradual expansion of presidential powers has been likened to a creeping constitutional coup. This expansion of powers has been attributed to the changing needs and demands of modern times, which differ significantly from the realities of the past when the Constitution was first established.
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Can the US Constitution prevent a self-coup?
A constitutional coup occurs when a person or group seizes political power by exploiting loopholes or ambiguities in the country's constitution. This often involves removing term or age limits, changing electoral rules to hinder opposing candidates, or postponing elections indefinitely. While the US Constitution cannot outright prevent a self-coup, it can foster selection mechanisms and incentive structures that reduce the risk of such an event occurring.
The risk of a self-coup in the United States has been a growing concern. Some argue that the US Constitution, with its many informal amendments, is better suited to the needs of modern presidents than the original Constitution. This has resulted in a gradual shift towards an "imperial presidency," with presidents taking actions that cannot be traced back to any plausible reading of the original Constitution. These actions include vetoing transborder pipelines, making treaties without the consent of the Senate, declaring war, spending money that has not been appropriated by Congress, and ignoring federal laws that restrict the use of the military.
The concept of a self-coup was not foreign to the Framers of the US Constitution, who were familiar with historical examples of chief executives usurping other branches of government. Madison's model of political stability included a vertical separation of powers between federal and state governments, providing a "double security" where state governments could exert a check on the President if Congress and the federal courts failed to do so.
While the US Constitution may not be able to completely prohibit self-coups, certain legal and political institutions can play a crucial role in reducing the risk. Understanding the relationship between institutional structures and self-coup risk requires careful reflection and analysis.
In conclusion, while the US Constitution may not be able to outright prevent a self-coup, it provides a framework for checks and balances that can mitigate the risk. The complex model of political stability, with its separation of powers between federal and state governments, acts as a safeguard against the concentration of power in a self-coup scenario.
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Trump's attempted takeover of the US government
A constitutional coup occurs when a person or group seizes political power in a way that is consistent with their country's constitution. This often involves the removal of term or age limits, changes to electoral rules, or the postponement of elections. While the US Constitution does not explicitly outline the right to vote in presidential elections, it is unlikely that a coup would occur in the United States due to its strong institutions of representative government.
In the case of former US President Donald Trump, his administration's actions have been viewed by some as an attempted takeover of the US government. Trump's efforts to reduce the federal bureaucracy and his establishment of the Department of Government Efficiency (DOGE), led by tech billionaire Elon Musk, have resulted in the departure of a significant number of federal civilian workers. Through a combination of layoffs, threats of firings, buyouts, and early retirement offers, Trump and Musk have cut nearly 12% of the federal civilian workforce, with targets including the Department of Veterans Affairs and the Department of Health and Human Services.
Trump's actions have been characterized as creating “trauma” among government employees, with workers experiencing fear and uncertainty about their jobs. In one instance, Trump's takeover of the United States Institute of Peace (USIP) was blocked by a federal judge, who ruled that Trump had exceeded his authority by firing the board members and attempting to dismantle the organization. The judge, US District Judge Beryl Howell, declared that Trump's actions were a “gross usurpation of power” and traumatizing to the USIP leadership and employees.
While Trump's actions may not constitute a full-scale constitutional coup, they highlight a pattern of executive overreach and an attempt to consolidate power within the federal government. Trump's efforts to reduce the size of the federal government and increase efficiency may have unintended consequences for the functioning of government agencies and the well-being of their employees.
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Examples of constitutional coups in Africa
A constitutional coup occurs when a person or group seizes political power by exploiting loopholes or ambiguities in the country's constitution. This often involves removing term or age limits, changing electoral rules to hinder opposing candidates, or postponing elections indefinitely.
Côte d'Ivoire
Alassane Ouattara, president of Côte d'Ivoire since 2011, argued that the two-term limit did not apply to him because the limits were created by a constitution adopted in 2016, effectively resetting the clock. This allowed him to run for a third term in 2020.
Burkina Faso
In 2005, the president of Burkina Faso, Blaise Compaoré, exploited a quirk in the 1991 constitution to stay in power after he had exceeded the term limits. He argued that the term limits, which were instituted in 2000, did not apply to him since he was elected before they were in place.
Guinea
In September 2021, coup leaders in Guinea cited concerns about corruption and a failing economy as reasons for their takeover. They also mentioned that the deposed President Alpha Conde was serving a third term after changing the constitution to allow it.
Cameroon, Chad, Togo, and Egypt
Presidents Paul Biya of Cameroon, Idriss Déby of Chad, Faure Gnassingbé of Togo, and Abdel Fattah el-Sisi of Egypt have all changed their country's constitutions to extend their term limits.
Nigeria
Nigeria has a long history of coups following its independence in 1960, with eight coup attempts, six of them successful. However, since 1999, the country has transferred power through democratic elections, contributing to greater stability in West Africa.
It is important to note that constitutional coups weaken the role of elections and democratic institutions in affected countries.
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How constitutional coups differ from traditional coups
A constitutional coup differs from a traditional coup in that it occurs when a person or group seizes political power in a way that is consistent with their country's constitution. Traditional coups, also known as a coup d'état, are often violent and involve the use of force or the military to overthrow the current government.
Constitutional coups, on the other hand, exploit loopholes or ambiguities in the constitution to gain power semi-legally. This can include removing term or age limits, changing electoral rules to hinder opposing candidates, or postponing elections indefinitely. For example, in 2005, the president of Burkina Faso, Blaise Compaore, exploited a loophole in the 1991 constitution to stay in power after he had exceeded the term limits. He argued that because he was elected before term limits were instituted in 2000, they did not apply to him.
Constitutional coups are often facilitated by weak democratic institutions and an absence of a "democratic culture" within countries. They are also more likely to occur in countries with a history of previous coups, a phenomenon known as the "coup trap". In Africa, constitutional coups typically involve the expansion of executive power and the extension or elimination of term limits. Many African heads of state prefer constitutional coups over military coups as they are less likely to anger foreign aid partners and there are fewer safeguards against them.
Creeping constitutional coups are a type of constitutional coup where the change is gradual and sometimes imperceptible. This makes it harder for people to recognize the dangers to their Constitution. For example, in the United States, some argue that the presidency has evolved into an "imperial presidency", with presidents taking actions that are not authorized by the original Constitution, such as declaring war or spending money that has not been appropriated by Congress.
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Frequently asked questions
A constitutional coup occurs when a person or group seizes political power in a way that is consistent with their country's constitution. This is in contrast to a traditional violent coup d'état, where loopholes or ambiguities in the constitution are exploited.
A self-coup, or autogolpe, occurs when a legally appointed leader tries to stay in government by force, for example by suspending the constitution and ruling by decree.
An administrative coup, sometimes called a soft coup, is an illegal overthrow of a government that is achieved without overt violence. It relies heavily on claiming powers, intimidation, bullying, extortion, and threatening the media.
While there has never been an official coup in the US, some commentators have referred to a creeping constitutional coup in reference to the expansion of presidential power beyond what is outlined in the Constitution.
The US Constitution does not explicitly prohibit self-coups, but it also does not grant the president the authority to amend and expand their constitutional office. Therefore, while it may be possible for a president to attempt to suspend the Constitution during a self-coup, it would be a direct movement towards authoritarianism and a violation of the principles outlined by the Founding Fathers.
