Simone Lawson
A constitutional crisis occurs when one branch of the government ignores another's legitimate orders, according to retired federal judge Nancy Gertner. While there is no fixed definition of the term, it generally refers to a clash between the various branches of government. If Trump were to openly disobey a court decision, it could be an impeachable offense, but it would be up to Congress to act, and for the people to demand that they do so. Trump's administration has made several threats that it may refuse to comply with court rulings, and legal experts are largely in agreement that the administration is defying the Supreme Court's ruling. Trump has also taken executive actions, including a pause on federal spending and an order to ban birthright citizenship, which violate Congress' exclusive power to allocate government funds and contradict the 14th Amendment, respectively.
| Characteristics | Values |
|---|---|
| Constitutional crisis definition | "Constitutional crisis" is used to describe a situation in which the fundamental principles of governance are threatened, undermined, or unable to resolve political conflicts. |
| Constitutional crisis causes | Tensions between the executive, legislative, and judicial branches within the federal government. |
| Trump administration's actions | Firing top officials at independent agencies, such as a member of the National Labor Relations Board, despite lacking the constitutional authority to do so. |
| Trump administration's actions | Unilaterally suspending the enforcement of laws, such as the TikTok ban, despite Congress passing an act banning it due to national security concerns. |
| Trump administration's actions | Defying a judicial order to unfreeze billions of dollars in federal aid. |
| Trump administration's actions | Issuing an executive order on birthright citizenship, contradicting the 14th Amendment. |
| Trump administration's stance | The administration has denied intentionally violating court rulings and argued that it is complying with the law. |
| Legal experts' opinions | Some experts argue that the Trump administration is defying the Supreme Court's rulings and expanding executive power beyond precedent, threatening the structure of the government as laid out in the Constitution. |
| Legal experts' opinions | Other experts suggest that a constitutional crisis occurs when the president specifically defies a Supreme Court ruling and presents a scenario where the Constitution does not outline the appropriate course of action. |
| Legal experts' opinions | Some believe that the current situation does not yet constitute a full-blown constitutional crisis. |
| Resolution | It is up to Congress to re-assert its power and find its voice, with the support and pressure from the public, to ensure it operates as a functioning, coequal branch of government. |
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What You'll Learn
Trump's expansion of executive power
While there is no clear definition of what constitutes a "constitutional crisis", it generally refers to a situation in which the fundamental principles of governance, as outlined in the Constitution, are threatened, undermined, or unable to resolve political conflicts. In the context of Trump's expansion of executive power, concerns have been raised about the potential erosion of the separation of powers and the balance of power between the different branches of government.
Trump has been accused of attempting to dismantle the institutional architecture that was created to limit presidential power. This includes his administration's actions on issues such as birthright citizenship, immigration, federal funding, and worker cuts, which have been challenged on constitutional grounds. Trump has also been accused of defying court orders and rulings, such as in the case of migrants sent to El Salvador, and firing top officials at independent agencies without legal authority to do so. These actions have raised concerns about the expansion of executive power and the potential threat to the structure of government as outlined in the Constitution.
Furthermore, Trump's actions regarding independent agencies have caused concern. He has fired officials at independent agencies, such as the National Labor Relations Board, without the constitutional authority to do so. Trump has also been accused of shuttering an entire agency established by Congress, USAID, by firing most of its employees and freezing its foreign aid payments. These actions have raised concerns about the executive branch taking on too much power, and Congress has been urged to re-assert its authority.
While some experts argue that a constitutional crisis is imminent or already occurring, others caution against rushing to that conclusion. They suggest that, while Trump's actions are extreme and unconventional, they do not necessarily constitute a full-blown constitutional crisis. However, there is a consensus that the expansion of executive power under Trump is unprecedented and that it has the potential to threaten the balance of power and the structure of government as outlined in the Constitution.
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Threats to disobey court rulings
While there is no clear definition of what constitutes a "constitutional crisis", it is generally understood to occur when the fundamental principles of governance, primarily the US Constitution, are threatened, undermined, or unable to resolve political conflicts. In the context of the Trump administration, concerns have been raised about potential threats to disobey court rulings, specifically regarding the separation of powers and the expansion of executive power.
The Trump administration has been accused of challenging the institutional architecture designed to limit presidential power. This includes the firing of top officials at independent agencies, such as the National Labor Relations Board, despite federal law and Supreme Court precedent indicating he lacks the authority to do so. Additionally, Trump has made decisions regarding federal funding, such as pausing federal spending, which violates Congress's exclusive power to allocate government funds. These actions have resulted in numerous lawsuits from states and national organizations challenging the administration's executive orders on constitutional grounds.
Trump has also been accused of defying court rulings, particularly in cases involving migrants sent to El Salvador. Legal experts argue that the administration is defying the Supreme Court's ruling by not returning a migrant to the US, despite the administration's claims of complying with the law. The administration has also suspended the enforcement of a TikTok ban, which was signed into law by Congress and upheld by the Supreme Court, raising concerns about the unilateral exercise of power.
The potential consequences of a president openly disobeying court rulings are significant. While the judicial branch has limited enforcement power, it could result in an impeachable offense, with Congress having the power to remove the president. However, as seen during Trump's first term, impeachment is not a straightforward process. The expansion of executive power and the potential disregard for court rulings have raised concerns about a constitutional crisis, with legal scholars emphasizing the importance of checks and balances between the branches of government.
While some experts argue that a constitutional crisis is imminent, others caution against prematurely employing such phrases without a sufficient legal basis. They suggest that, at present, the situation represents ordinary separation of power disputes or aggressive constitutional interpretations that will be addressed through litigation. Nonetheless, the Trump administration's actions have prompted scrutiny and debate among legal scholars and the public regarding the potential threat to the constitutional order.
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Violating Congress' exclusive powers
A "constitutional crisis" is a situation in which the fundamental principles of governance, primarily the Constitution in the US, are threatened, undermined, or unable to resolve political conflicts. One of the exclusive powers of Congress is the allocation of government funds. However, President Trump has taken executive actions, including a pause on federal spending, which violates this power. This is not the first time a president has attempted to do so—former President Richard Nixon tried to halt federal spending for projects approved by Congress in 1973 to save money for taxpayers.
Trump has also fired top officials at independent agencies, such as a member of the independent National Labor Relations Board, when federal law and Supreme Court precedent indicate that he has no constitutional authority to do so. He has also fired agency watchdogs without following the legal requirement to give Congress 30 days' notice. Trump's suspension of the TikTok ban is also concerning. Congress passed an act banning TikTok due to national security concerns, and the ban was signed into law by President Joe Biden and upheld by the US Supreme Court. However, the Trump administration has unilaterally suspended the enforcement of the law, possibly indefinitely.
Trump's actions have raised concerns about the expansion of executive power and the potential threat to the structure of the government as laid out in the Constitution. Legal experts worry that Trump is expanding executive power beyond anything previously seen in American history. If the president decides to ignore the courts, there is little the judicial branch can do to enforce its rulings. Ultimately, it would be up to Congress to act and impeach the president. However, impeachment is not an easy process, as seen during Trump's first term.
While some experts argue that a constitutional crisis is already underway, others claim that we are merely approaching one. It is important to note that there is no clear definition or historical precedent for Trump's exercise of executive power. The public can play a crucial role in empowering Congress to re-assert its power and ensure the functioning of a coequal branch of government.
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Undermining the structural balance of power
The United States Constitution is founded on the principle of separation of powers, dividing power between the states and the federal government, and further dividing federal power into three branches: the executive, judicial, and legislative.
The Trump administration has been accused of undermining this balance of power by consolidating power in the executive branch. This has been done through various means, including:
- Unilaterally suspending the enforcement of laws passed by Congress, such as the TikTok ban.
- Defying judicial orders, such as a judicial order to unfreeze billions of dollars in federal aid.
- Issuing executive orders on matters that fall within the exclusive power of Congress, such as federal spending and birthright citizenship.
- Firing top officials at independent agencies without following legal requirements, such as failing to give Congress the required 30 days' notice.
- Threatening to refuse to comply with court rulings. Vice President JD Vance and Musk have both suggested that the administration may refuse to comply with court rulings, which could be an impeachable offense.
These actions have led to concerns that the Trump administration is expanding executive power beyond what is outlined in the Constitution and that this could eventually threaten the structure of the government. However, it is important to note that there is no clear definition of a "constitutional crisis," and legal experts differ on where the line should be drawn. Some experts argue that a constitutional crisis occurs when the president defies a Supreme Court ruling, while others suggest it is when the Constitution does not outline a resolution to a conflict.
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Challenging the rule of law
A "constitutional crisis" occurs when one branch of the government ignores another's "legitimate orders", according to retired federal judge Nancy Gertner. This can manifest in several ways, including overreach by government powers beyond constitutional limits or conflicting interpretations of the Constitution.
Trump's administration has been accused of challenging the rule of law by seeking to dismantle the institutional architecture that limits presidential power. This includes the firing of top officials at independent agencies, such as a member of the National Labor Relations Board, despite federal law and Supreme Court precedent indicating he does not have the authority to do so. Trump has also fired agency watchdogs without following legal requirements to give Congress 30 days' notice.
The Trump administration has also been accused of defying court rulings governing the removal of migrants to El Salvador. Judge James Boasberg ruled there was "probable cause" that the administration committed criminal contempt by intentionally defying his court order. The administration has also been accused of violating constitutional principles, such as defying a judicial order to unfreeze billions of dollars in federal aid.
Trump's suspension of the TikTok ban is another example of challenging the rule of law. Congress passed an act banning TikTok due to national security concerns, which was then signed into law by President Biden and upheld by the Supreme Court. Despite this, the Trump administration unilaterally suspended the enforcement of the law.
Legal experts are concerned that Trump is expanding executive power beyond anything previously seen in American history, threatening the structure of the government as laid out in the Constitution. Trump's actions have been described as "extremely aggressive" in terms of constitutional interpretation, with some experts arguing that his administration is openly resisting the plain meaning of established laws.
While some scholars argue that the United States is not yet in a constitutional crisis, others believe that Trump's actions, such as those targeting the Federal Election Commission, are deeply troubling and could eventually lead to a crisis.
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Frequently asked questions
A constitutional crisis happens when one branch of the government ignores another branch's legitimate orders. This could include a president disobeying a court order or acting unlawfully.
Trump has taken several executive actions that have been deemed unconstitutional, such as a pause on federal spending, an order to ban birthright citizenship, and the suspension of the TikTok ban. He has also fired top officials at independent agencies without legal authority and cut federal funding for agencies, hindering their ability to function.
Trump's actions could lead to a constitutional crisis by threatening the separation of powers and the balance of power between the branches of government. This could ultimately undermine the structure of the government as laid out in the Constitution.
Congress has the power to re-assert its authority and push back against the executive branch's overreach. The public can play a crucial role by making their voices heard and demanding that Congress act to protect its powers and uphold the Constitution.
