Escalating Concerns Mount Over Potential Constitutional Crisis in the US
Less than two months into a hypothetical second term for Donald Trump, his administration has ignited fresh apprehension regarding a now-familiar question: has the United States entered a constitutional crisis?
Controversial Deportation Sparks Renewed Debate
Triggering the latest wave of concern, the administration swiftly expelled over 200 Venezuelan migrants to a high-security prison in El Salvador. This action was reportedly conducted without hearings or presentation of evidence, bypassing fundamental due process. It was enacted following a presidential proclamation, allegedly signed “in the dark on Friday evening,” which designated the migrants as a foreign state invasion.
President Trump reportedly invoked a 1798 statute, previously utilized during World War II to intern Japanese Americans. He further asserted inherent presidential powers to justify the deportations. In response, Chief Judge James E Boasberg of the US District Court for the District of Columbia urgently convened a hearing to assess the legality of the administration’s actions. This occurred as deportation flights departed from Texas. Soon after Judge Boasberg mandated the flights to return pending a ruling on a motion to halt deportations, El Salvador’s President Nayib Bukele posted on social media, “Oopsie … Too late,” accompanied by a laughing emoji, even as the court deliberated potential defiance of its order.
Judiciary Under Scrutiny Amidst Rising Tensions
The judiciary, the branch of government most equipped to uphold traditions and truth, has been weakened and criticized by President Trump and his allies. Irresponsible calls for impeachment against judges who issue unfavorable rulings have endangered them. Even Chief Justice John Roberts publicly objected to these attacks. The administration’s apparent disregard for judicial rulings that do not align with its objectives, exemplified by demands for Judge Boasberg’s removal, has amplified fears of an impending crisis.
Systemic Undermining of Democratic Foundations
However, focusing solely on executive-judicial clashes as evidence of a “constitutional crisis” may obscure a more profound upheaval occurring across the US. This administration, supported by a compliant Republican Congress and a Supreme Court partially shaped by presidential appointments, is seemingly engaged in more than just temporary institutional disruption. It appears to be undertaking a fundamental reshaping of the US, systematically dismantling and distorting the historical foundations of the nation’s 235-year experiment in self-governance.
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Current events suggest a deliberate erosion of the foundational principles of the republic and a revisionist approach to national history, distorting the very definition of American identity. The foundations of the constitutional system are allegedly being undermined by a rapidly expanding threat. This trajectory, experts warn, is characteristic of the rise of authoritarianism.
Emergence of Unprecedented Power Structures
Indicative of this transformation is the emergence of a novel “co-presidency,” facilitated by the president alongside a prominent business magnate and supporter. This unprecedented power-sharing arrangement is propagated by proponents of a “unitary presidency,” highlighting a potential contradiction.
Actions of Unofficial “Department” Raise Legal Questions
Staffers from a self-proclaimed “department of government efficiency” (Doge), an entity without congressional authorization, reportedly conducted unannounced raids on independent federal agencies and foundations, abruptly terminating established programs. When questioned by courts about the “department’s” legitimacy and its leader’s constitutional authority to allocate funds – a power constitutionally vested in Congress – the Trump administration reportedly offered evasive responses.
War on History and Public Knowledge
Beyond obstructing courts and withholding information, the administration is allegedly engaged in a broader assault on historical accuracy. Having compromised operational capacity, the focus seems to have shifted to manipulating public understanding. Coinciding with Judge Boasberg’s order for the administration to explain potential non-compliance, Doge personnel reportedly entered the Institute of Museum and Library Services (IMLS), a key agency supporting public museums, libraries, and historical archives nationwide.
In a manner reminiscent of historical attacks on libraries, the IMLS action appears to be aimed at dismantling institutions dedicated to preserving and disseminating collective historical knowledge. Benjamin Franklin’s vision of public libraries democratizing knowledge for all citizens is seemingly under threat. What was once exclusive knowledge for a select few is allegedly being restricted from public access.
Systematic Erasure of Information and Historical Revisionism
The IMLS incident is presented as the latest instance in an alleged pattern of privatizing information and replacing authentic history with a manipulated narrative. While internet archivists work to preserve national digital records, the Trump administration is accused of actively purging government websites of vital resources and information needed for informed civic engagement. Following a directive to remove “diversity” content, the Pentagon reportedly deleted pages related to the Holocaust, September 11th, cancer awareness, and suicide prevention. The Department of Agriculture is also accused of removing crucial datasets used by farmers to manage climate change impacts. Websites of the Small Business Administration and Arlington National Cemetery allegedly removed images and mentions of women, LGBTQ+ individuals, and people of color, including references to historical figures such as Jackie Robinson and General Colin Powell.
Cumulative Impact and Erosion of Constitutional Principles
Collectively, these recent events suggest a rapid disintegration of the foundational principles of the US Constitution. While the text of the Constitution may remain unaltered, its practical relevance is allegedly diminishing. Seeking a singular “constitutional crisis” moment within a cascade of presidential actions may be a distraction, potentially undermining resistance necessary to prevent further democratic decline.
Long-Term Trends and Systemic Vulnerabilities
The roots of this perceived democratic breakdown are presented as predating the Trump administration. They are attributed to long-term strategies by political actors who disguised right-wing ideologies, enabling extremist elements to gain influence. This culminated in false claims of election fraud and the Capitol insurrection. Subsequent events include the Senate’s failure to convict in President Trump’s second impeachment trial and the Supreme Court’s grant of near-absolute immunity to the president, allegedly shifting the office away from legal constraints towards unchecked power.
Expansion of Presidential Power and Impunity
Of particular concern is the expansion of presidential impunity to encompass not only the president but also associated individuals, from officials to private groups. The president’s constitutionally granted pardon power is highlighted as exacerbating this issue. It is argued that this power enables a system where the president can authorize unlawful acts by loyalists to consolidate power, with the expectation of pardons shielding them from prosecution. This reportedly allows presidential allies to disregard laws intended to protect public welfare and safety, while encroaching upon powers constitutionally assigned to Congress, overwhelming the capacity of independent courts to respond effectively.
A Gradual Decline, Not a Sudden Collapse
Drawing a parallel to T.S. Eliot’s poem “The Hollow Men,” the current situation is depicted not as a sudden collapse, but a gradual decline. The alleged “anti-democracy virus,” rooted in the past, is described as intensifying, eroding the political system and distorting historical understanding. Resisting this trend with vigor is presented as essential to prevent the erosion of self-governance.
Call for Courageous Leadership and Resistance
The article expresses concern that widespread capitulation is exacerbating the situation. Each instance of surrender reportedly emboldens the administration and strengthens its grip on power, accompanied by suppression of dissent, including legal challenges and lawyers aiding opponents.
The analysis concludes with a call for courageous leadership across various sectors – from Republican officials to corporate leaders and ordinary citizens. Without greater bravery to challenge these trends, the piece suggests a bleak future where democratic values fade and are ultimately forgotten.
- Laurence H Tribe is the Carl M Loeb University professor and professor of constitutional law emeritus at Harvard Law School.
- Research assistance was provided by Radhika M Kattula, a third-year law student at Harvard Law School.