Trump’s Actions Have Created a Constitutional Crisis, Scholars Say
Law professors have long debated what the term means. But now many have concluded that the nation faces a reckoning as President Trump tests the boundaries of executive power.
There is no universally accepted definition of a constitutional crisis, but legal scholars agree about some of its characteristics. It is generally the product of presidential defiance of laws and judicial rulings. It is not binary: It is a slope, not a switch. It can be cumulative, and once one starts, it can get much worse.
It can also be obvious, said Erwin Chemerinsky, dean of the law school at the University of California, Berkeley.
“We are in the midst of a constitutional crisis right now,” he said on Friday. “There have been so many unconstitutional and illegal actions in the first 18 days of the Trump presidency. We never have seen anything like this.”
His ticked off examples of what he called President Trump’s lawless conduct: revoking birthright citizenship, freezing federal spending, shutting down an agency, removing leaders of other agencies, firing government employees subject to civil service protections and threatening to deport people based on their political views.
That is a partial list, Professor Chemerinsky said, and it grows by the day. “Systematic unconstitutional and illegal acts create a constitutional crisis,” he said.
The distinctive feature of the current situation, several legal scholars said, is its chaotic flood of activity that collectively amounts to a radically new conception of presidential power. But the volume and speed of those actions may overwhelm and thus thwart sober and measured judicial consideration.
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Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. More about Adam Liptak
The Trump Administration’s First 100 Days
Executive Power: President Trump’s early moves to slash the federal government and expand American territory represent significant ideological swings from his first term.
Federal Courts: With a compliant Congress and mostly quiet streets, Trump’s opponents are turning to the judicial branch to stop some of his executive orders. But can the courts keep up?
Consumer Financial Protection Bureau: Less than 36 hours after Trump appointed Russell Vought as the consumer bureau’s acting director, he shut its operations, throwing the agency into chaos.
Federal Work Force: One thing lost in the Trump administration’s war on the federal bureaucracy is the collective voice of the employees. But some have begun to speak out.
U.S.A.I.D.: The collapse of the aid agency at the hands of Trump and Elon Musk is already leaving gaping holes in vital health care and other services that millions of Africans rely on for their survival.
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