Omar Bennett
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It is the fundamental law of the United States, outlining the rights and responsibilities of its citizens and their government. However, in recent years, there have been concerns about a constitutional crisis, with elected officials openly defying the law and issuing illegal and unconstitutional executive orders. This has led to questions about why US citizens are not doing more to uphold the Constitution and protect their democracy. While there have been legal challenges to these unconstitutional actions, some argue that citizens need to do more to agitate and demand change to save their democracy.
| Characteristics | Values |
|---|---|
| Lack of political participation | Voting, agitation, demanding change, resistance, speaking up |
| Inaction of elected representatives | Failure to uphold the rule of law, defiance of the Constitution |
| Weakness of democratic institutions | Complicity of the Supreme Court, inaction of Congress |
| Executive overreach | Unconstitutional executive orders, unlawful invocation of the Alien Enemies Act |
| Inadequate checks and balances | Expansion of presidential power, lack of accountability |
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What You'll Learn
Apathy and lack of political participation
Apathy and political inaction among US citizens can be attributed to several factors, including a lack of civic education, political alienation, and the influence of media and special interests.
Firstly, many US citizens may not fully understand their constitutional rights and the importance of upholding them due to a lack of comprehensive civic education. This knowledge is essential for empowering individuals to recognize when their rights are being infringed upon and to take action through political participation.
Secondly, political alienation occurs when individuals feel disconnected from the political system and believe that their actions will not make a meaningful difference. This sense of powerlessness can lead to apathy and inaction. It is the responsibility of elected representatives to actively engage their constituents and encourage participation in the democratic process.
Additionally, the influence of media and special interests can contribute to apathy and political inaction. Media outlets often focus on sensationalism rather than substantive issues, distracting citizens from the importance of constitutional rights. Special interests, such as corporate lobbying, can also shape political agendas and further alienate citizens who feel their voices are drowned out.
Furthermore, the complexity of the US political system can be a barrier to participation. The system is designed with checks and balances to prevent the concentration of power, but this complexity can make it challenging for citizens to understand how their actions can bring about change.
Ultimately, addressing apathy and increasing political participation requires a multi-faceted approach. Improving civic education, fostering a sense of political efficacy, and ensuring that representatives are accountable to their constituents are crucial steps in encouraging US citizens to stand up for their Constitution.
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Trust in the courts to uphold the constitution
However, public trust in the federal government, including the courts, has been low for decades. While trust increased modestly in 2024, with 22% of Americans saying they trusted the government, this was still far below the three-quarters of Americans who expressed trust in the 1950s. Trust in government has been consistently higher among members of the party that controls the White House, with Republicans expressing much lower levels of trust during Democratic presidencies.
Despite the overall low trust in government, some experts argue that it is up to the courts to uphold the rule of law and hold the executive branch accountable for any violations of the Constitution. Boston University School of Law professor Jessica Silbey asserts that the US is in a constitutional crisis when those elected to uphold the rule of law openly defy the plain meaning of laws. She cites former President Donald Trump's actions as an example, including his signing of unconstitutional executive orders and attempts to roll back birthright citizenship.
In conclusion, while public trust in the courts may be low, it is crucial for the judiciary to independently exercise its power to uphold the Constitution and hold the other branches of government accountable for any violations. This trust in the judiciary is essential to preserving the rule of law and maintaining a functioning democracy in the United States.
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Unconstitutional executive orders
The US Constitution is a document that outlines the powers of the federal government and the rights of its citizens. It is the responsibility of elected representatives and citizens to uphold and defend it. However, there have been instances where US presidents have issued executive orders that are considered unconstitutional.
Executive orders are directives issued by the president to federal agencies, and they have the force of law. While they are meant to help the president manage the operations of the federal government, they must be within the powers granted to the president by the Constitution. When executive orders exceed these powers, they can be deemed unconstitutional.
One example is President Donald Trump's executive order on regulations, issued soon after he took office. This order required administrative agencies to repeal at least two regulations for each new one created. This order was seen as a broad attack on the regulatory system, which has long protected Americans. It directed agencies to violate the Administrative Procedure Act and other laws that govern how they develop and implement regulations. The order also failed to consider the costs to the public of repealing regulations, such as those protecting clean air, drinkable water, and safe food. This order provoked lawsuits from organisations like the Natural Resources Defense Council, Public Citizen, and the Communications Workers of America, who argued that it was illegal and unconstitutional.
Another instance of a potentially unconstitutional executive order was President Abraham Lincoln's General Order No. 100 during the Civil War. This order established a code of conduct for the military and provided for the trial of civilians accused of aiding the Confederacy by military commissions rather than civilian courts. In the case of Ex parte Milligan (1866), the Supreme Court ruled that this order violated several constitutional rights, including the right to a jury trial in criminal cases.
In conclusion, while executive orders can be a powerful tool for a president to implement policies and manage the federal government, they must be used within the boundaries set by the Constitution. When presidents issue orders that exceed their constitutional powers, it is essential for citizens and the judicial system to hold them accountable and defend the principles enshrined in the Constitution.
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Congress overstepping its authority
The US Constitution is a document that outlines the powers and responsibilities of the federal government and the rights of US citizens. It is the responsibility of citizens to hold their government accountable to this document and to resist any attempts to undermine it. However, citizens may not always stand up for the Constitution for various reasons, such as a lack of knowledge or understanding of their rights, political apathy, or a sense of powerlessness in the face of a large and complex government.
One of the key issues that threaten the Constitution is the potential overreach of Congress. Congress has the power to write and debate the laws that govern the United States, and it can also override presidential vetoes. While Congress has the authority to shape policy and address issues such as national security, it has, at times, overstepped its bounds and intruded on the powers of the executive and judicial branches.
One example of Congress overstepping its authority is through the rushed passage of the Patriot Act. This law amended 15 existing federal statutes, broadened the definition of terrorism, and laid the groundwork for a modern surveillance state. The Act granted vast new powers to law enforcement, and its far-reaching implications were not fully understood when it was passed. This overreach by Congress has the potential to upset the system of checks and balances that protects the democratic system.
Another example of Congress overstepping its bounds is through its abandonment of oversight responsibilities, particularly in the area of national security. Since 9/11, Congress has delegated many of its powers to the executive branch and has not provided meaningful oversight to prevent the misuse or overreach of that authority. This has resulted in the executive branch monopolizing national security and making decisions with little to no resistance from Congress.
Additionally, Congress has also been criticized for its inaction in controlling the use of military force. The 2001 Authorization for the Use of Military Force (AUMF) granted the president broad powers to use military force in the context of counterterrorism. However, Congress has stood by as the executive branch has used this authorization to justify military operations and targeted killings that may not have been authorized by law.
In conclusion, while Congress has the authority to shape policy and address national concerns, it must do so within the boundaries set by the Constitution. When Congress overreaches and intrudes on the powers of other branches of government, it threatens the system of checks and balances and the very foundation of American democracy. It is the responsibility of citizens to hold Congress accountable and ensure that it upholds the values and principles enshrined in the Constitution.
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Lack of accountability for those in power
There is a growing concern that the United States is facing a constitutional crisis, with a lack of accountability for those in power being a key factor. This crisis is characterised by elected officials openly defying the rule of law and the plain meaning of laws, as well as a concentration of power in the executive branch.
The Trump administration has been accused of issuing illegal and unconstitutional executive orders, and attempting to consolidate power through the "governing by pen" approach. For example, President Trump tried to use an executive order to take away the citizenship guarantee in the 14th Amendment, which has been protected since 1898 and confirmed by the Supreme Court. This action was deemed “unquestionably unconstitutional” by legal experts. Trump has also been accused of defying and prosecuting those who stand against him, behaving like a king, and ignoring the rulings of the Supreme Court.
The Supreme Court itself has been criticised for its complicity in this crisis. Instead of upholding the rule of law and checking the power of the executive, the Court has often chosen silent acquiescence or allowed the administration to proceed with actions that undermine constitutional boundaries. In one instance, the Court permitted mass firings at the Department of Education, effectively destroying the department before a ruling could be issued.
This lack of accountability for those in power has significant consequences for the country. It undermines the principles enshrined in the Constitution, such as the separation of powers and the protection of individual rights. It also sets a dangerous precedent, threatening the very foundation of American democracy.
To address this lack of accountability, citizens must become more engaged in the political process. This includes voting, agitating for change, demanding transparency and accountability, and resisting unconstitutional actions. By conceding these responsibilities, citizens enable the erosion of their constitutional rights and the concentration of power in the hands of a few.
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Frequently asked questions
Citizens can vote, agitate, demand, resist, and speak up in their organizations and towns.
The courts are responsible for upholding the rule of law and ensuring that the President and executive branch do not violate the Constitution.
When elected officials openly defy the plain meaning of laws and the Constitution, it leads to a constitutional crisis.
Examples include attempts to roll back birthright citizenship, freeze federal spending, and shut down government agencies through unconstitutional executive orders.
