The Constitutional Crisis: Examining Recent Events

A constitutional crisis occurs when one or more parties to a political dispute willfully chooses to violate a law of the constitution, dispute the interpretation of a constitutional law, or flout a political custom. This can lead to administrative paralysis and the collapse of the government, the loss of political legitimacy, democratic backsliding, or civil war. Examples include the secession of the southern US states in 1860 and 1861, the Egyptian Revolution, and the 2017 Australian Parliament dual citizenship crisis. The creation of the US Constitution was a highly contentious process, with disputes over congressional representation, slavery, taxation, and trade. These issues threatened to tear the young country apart, and the Anti-Federalists fought hard against the Constitution due to its resemblance to the central government that had just been overthrown.

Explore related products

An Introduction to Constitutional Law: 100+ Supreme Court Cases Everyone Should Know

$26 $34.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)

$236.78 $359

Constitutional Law: Principles and Polices (Aspen Treatise)

$97.32 $126.95

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

Constitutional Law For Dummies

$18 $29.99

The Articles of Confederation

One of the key constitutional issues raised by the Articles of Confederation was the balance of power between the states and the central government. The Articles established a weak central government, with Congress possessing limited powers. Congress lacked the authority to regulate commerce, raise taxes, or enforce laws, making it difficult to effectively manage the nation's affairs. The central government had insufficient power to regulate trade, raise funds, or conduct foreign policy without the voluntary agreement and support of the states. This led to challenges in addressing economic issues, such as inflation and commercial policy, and in resolving disputes between states.

The weaknesses in the Articles became apparent over time, particularly after Shays's Rebellion in 1786. The inability of Congress to levy taxes and the lack of attendance by delegates created significant obstacles to governing the nation. The states often failed to comply with Congress's requests for funds, contributing to financial difficulties. Additionally, the lack of a strong central authority made it challenging to address interstate trade barriers and protectist policies implemented by some states.

The Annapolis Convention was convened in 1786 to address these issues, and it led to the Constitutional Convention in 1787, which resulted in the creation of a new constitution and a stronger federal government. The delegates at the Constitutional Convention incorporated several ideas from the Articles into the new charter, including the full faith and credit clause and the power to declare war.

Federal intervention in slave traffic

The issue of federal intervention in slave traffic in the United States has a long and complex history, with constitutional provisions reflecting a compromise between Northern and Southern states. The Constitution included a Fugitive Slave Clause, which required the return of runaway slaves to their owners, and prohibited Congress from outlawing the Atlantic slave trade for twenty years. This clause, found in Article IV, Section 2, Clause 2, avoided the use of the word "slavery", stating that:

> no person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due.

The Constitution also included a three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and Electoral College. These provisions were a result of fierce debates among the delegates at the Constitutional Convention in 1787, with some arguing that the slave trade should be subject to federal regulation, while others proposed prohibiting the federal government from regulating it.

In 1807, Congress passed the Act Prohibiting Importation of Slaves, which took effect on January 1, 1808, the earliest date permitted by the Constitution. This legislation prohibited the importation of slaves into the United States, making it a federal crime. However, it did not end slavery or the domestic sale of slaves, and the interstate sale of slaves remained legal. The Act also regulated the coastwise slave trade, and heavy penalties were imposed on international traders.

Despite the Act, illegal slave trading persisted, and in 1820, it became a capital offense under an amendment to the 1819 Act to Protect the Commerce of the United States and Punish the Crime of Piracy. The Fugitive Slave Act of 1850 further strengthened the enforcement of the fugitive slave clause, requiring both federal and local law enforcement in all states to enforce the legislation and arrest suspected fugitive slaves. It also made it a punishable offense to aid an enslaved person's escape.

The power of Congress

Another significant power of Congress lies in its ability to tax and spend. The Constitution grants Congress the power to levy taxes, duties, and excises to raise revenue for the functioning of the government and the welfare of the nation. Additionally, Congress has the power to borrow money on the credit of the United States, enabling the federal government to fund projects and undertake necessary expenses.

The legislative branch also plays a crucial role in shaping foreign policy. While the executive branch, led by the President, often takes the forefront in international relations, Congress has significant powers in this arena. It has the authority to regulate foreign commerce, declare war, and make rules regarding captures on land and water. Additionally, treaties with foreign nations must be ratified by a two-thirds majority in the Senate, affording Congress a substantial say in international agreements.

Congress also possesses the power to shape the federal judiciary. It is responsible for establishing lower federal courts and determining the number of Supreme Court justices. Moreover, Congress plays a pivotal role in checking the power of the judiciary by regulating the jurisdiction of the federal courts and removing federal judges through impeachment, thus ensuring a balance of power between the legislative and judicial branches.

The powers granted to Congress by the Constitution are broad and far-reaching, impacting the lives of all Americans. While the legislative branch holds significant authority, it functions as a representative body that acts in the best interests of the people. The system of checks and balances, including elections, ensures that the power of Congress is balanced by the other branches of government, thereby maintaining a functioning democracy.

Explore related products

Constitutional Law (University Casebook Series)

$296.95

Examples & Explanations for Constitutional Law: National Power and Federalism

$59.81 $76.95

Examples & Explanations for Constitutional Law: Individual Rights

$76.95 $76.95

Constitutional Law: a QuickStudy Laminated Reference Guide

$8.32 $8.95

Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)

$100 $345

A Short & Happy Guide to Constitutional Law

$28 $28

The Electoral College

Another criticism is that the Electoral College consigns most states to "spectator" status, reducing voter turnout in these states and dramatically polarising the nation's politics. The system has also been described as "archaic" and "ambiguous", with public opinion polls showing a majority in favour of abolishing it.

Proposed reforms include the National Popular Vote Interstate Compact (NPV), where participating states would commit to awarding their electoral votes to the winner of the national popular vote. However, abolishing the Electoral College would require a constitutional amendment, and over the past 200 years, none of the 700+ proposals to reform or eliminate it have been passed by Congress.

Central government

A constitutional crisis can occur when there is a conflict between central and local governments, or between different branches of government.

One example of a constitutional crisis involving central government is the 1988 Malaysian constitutional crisis, which was a series of events that began with party elections and ended with the suspension and removal of the Lord President of the Supreme Court, Tun Salleh Abas. Another example is the 1930-1933 Crisis of the Weimar Republic, where conservative chancellors, unable to secure legislation from the Reichstag, increasingly turned to legislation by emergency presidential decrees, thus laying the constitutional foundation for Adolf Hitler's dictatorship.

In the US, the Articles of Confederation, the first American constitution, gave each state one vote, reinforcing their power to operate independently from the central government. This made it very difficult to pass legislation that would affect all 13 states, and the central government was unable to collect taxes to fund its operations. The central government also lacked the power to enforce states' compliance with its foreign policy decisions, and states had their own money systems, making trade between states and other countries extremely difficult.

The Constitutional Convention of 1787 effectively ended the era of the Articles of Confederation, with delegates split over the issue of robust, centralised government. Many believed the federal government should be able to overrule state laws, while others feared a strong federal government would oppress its citizens. The delegates eventually compromised by allotting specific responsibilities to the federal government while delegating all other functions to the states.

Frequently asked questions