It’s official: the U.S. has entered a constitutional crisis—and it’s worse than you think. Though the term has been used to characterize the fallout from Trump’s first weeks in office (namely his executive order spree), it can mean several things.
One variation of a “constitutional crisis” refers to blatant presidential disregard for the Constitution. There have been several such crises in American history, including the 1830 Indian Removal Act, where President Andrew Jackson forcibly removed indigenous peoples from their land (despite the Supreme Court’s rules the removals unconstitutional), and the Watergate scandal, in which Nixon refused to release tapes of his illegal recording of Democratic opponents, despite a court order demanding he do so. While these events were catastrophic and horrible, the crisis we face today is much graver.
Trump’s recent actions reflect a larger and repeated defiance of the law. Throughout his campaign, Trump promised to overhaul what he views as a bureaucrat-filled, corrupt deep state. But the president’s overhauling abilities are constitutionally limited. Presidents are vested with the power to sign executive orders (EOs)— directives that guide how law is interpreted or implemented. But EOs cannot contradict the Constitution— which is why a problem arises for many of Trump’s orders.
Trump is rapidly issuing EOs that neglect several sections of the Constitution. A prime example of this grab for near-limitless power is his meddling in the U.S. Agency for International Development (USAID). On February 23, Trump fired 2,000 USAID employees and put thousands more on paid leave. Now, fewer than 300 employees remain working for the agency, rendering the it nearly powerless. This move was entirely outside of his jurisdiction. Congress is responsible for “the power of the purse,” or essentially: the power to regulate government spending. Trump’s move to abolish USAID encroaches on this strictly legislative power
With a conservative-dominated Supreme Court, Trump’s orders are unlikely to be overturned, which essentially grants him unchecked power. While in the lower courts, judges in blue states may lean more liberal, in the Supreme Court, conservatives maintain a 6-3 majority. Without any remaining checks on Trump’s overreaches, the president’s power will be unchallenged—barring impeachment.
If left unchecked, an emboldened Trump will continue to wreak havoc on our system of checks and balances, jeopardizing our governmental order. Our country could become an autocracy—a system of government where one person obtains absolute power over the government. By diminishing the power of other branches to enhance his own, Trump is threatening the fundamental principles of our democracy.
President Trump’s disregard for the Constitution threatens the very system of government on which our country stands. If his illegal actions remain unchallenged, America faces the threat of a government without checks and balances.
The judicial and legislative branches must act now to prevent this atrocious future—because if not, a totalitarian government looms.
