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Has Trump Plunged Us Into A Constitutional Crisis?

The answer may surprise some people

By Edward AndersonPublished 5 months ago 4 min read
Has Trump Plunged Us Into A Constitutional Crisis?
Photo by Lily Miller on Unsplash

Former reality star Donald Trump warned Americans that he would be a dictator on day one. Many of his supporters brushed it off as hyperoble, claiming he didn't mean. While in the same breath, declaring that they adored him because he said what he meant.

The mental gymnastics to be part of MAGA should be an Olympic sport.

Shortly after he took office, he began carrying out his agenda with little thought for the law. Not surprising given his criminal history. And the orders from judges began pouring in.

One in particular irked him. His administration deported Kilmar Abrego Garcia to El Salvador illegally, and multiple courts, including the Supreme Court of the United States, ordered him to bring the man home. They balked.

His administration crafted a nifty story about Garcia being a member of MS-13. To prove it, they pointed to his tattoos. None of the courts flinched. And most of the American public turned against the administration.

Then Trump flatly said that he was not planning to comply with the court order. A criminal will break the law regardless of their position.

Legal scholars began warning that the United States of America was heading towards a Constitutional crisis.

Trump believes that he and his cronies are above the law because SCOTUS told him he was. They granted him Presidential Immunity when he was facing charges for his role in the January 6 insurrection.

Now, he wants to remove the court's power to prevent him from doing anything. And there's no one to blame but the justices that granted him the authority to do this.

But is the country actually in a constitutional crisis?

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First, what is a constitutional crisis? It's a time when the constitution is unable to keep the country from falling into anarchy, chaos, and/or civil war, according to the Maryland University Law Review.

In other words, this would not be the first time the country has experienced something like this.

But even with the Civil War, the Constitution held firm. The country survived it and became stronger after it ended in April 1865, four years after it started.

And how long will Trump be in office? 4 years. Unless congressional republicans grow a spine and impeach him for defying court orders and putting the country at risk. They won't.

It's also possible that the 2026 midterm elections give Democrats a supermajority, which has happened in history. This has Trump on edge, and he's floated the idea of trying to limit elections or not have them at all.

Something that flies in the face of the Constitution.

Whether the country is in a constitutional crisis isn't clear. Some experts say that while we're headed towards one, it's not here yet. There's still time to avert it.

Others like Sen. Chris Van Hollen said that yes, we are, and it's going to be bad.

Sen. Amy Klobuchar said we are heading towards one. She offered that the courts may actually be the ones who avoid the country from falling into a constitutional crisis by holding the Trump administration accountable for ripping Garcia from his home, safety, and family.

She told NBC News: "A court can actually appoint a prosecutor on their own, an outside prosecutor because they have the power to hold people in contempt…"

Something that the judge in Garcia's case has suggested that he's open to doing. This did not sit well with republicans. But the Supreme Court's recent decision saying that they needed to bring the refugee back suggests that they will side with the lower courts again.

There are also the states that can help.

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What about the midterm elections, can Trump actually prevent them from happening? The answer is no. But he could and is trying to make voting harder for some people, particularly women and members of the LGBTQIA+ community.

He signed an executive order that would make it difficult for married people who take their partner's last name to vote. It says that the name on the person's ID must match their birth certificate.

The backlash was immediate. Even some of Trump's staunchest supporters said that he crossed a line.

NPR reports that nineteen states have sued over the executive order. They say that Trump and his cronies are overreaching their power and trying to disenfranchise a swath of voters.

They also claim he does not have the authority to make election laws.

Trump is furious over the lawsuit, as he is whenever someone stands up against him. It would be much easier for him to be the authoritarian dictator he wants to be, if people would just allow him to do whatever he wants.

The states filing the lawsuit likely helped avoid the constitutional crisis that would have happened if Trump's executive order had gone unchecked.

Why is that?

Because someone is standing up to him and using the court system that Trump so often used to his advantage previously. For decades, he would stall cases or have them tossed out altogether.

Now, those courts are reviewing orders he considers to be the law of the land. It frustrates him. And when he tries to defy the orders, the American people show him that they will not allow the lawlessness continue.

Which makes him even angrier.

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So, is the United States in a constitutional crisis? The answer is no. Not at this point. Yes, Trump is acting in bad faith, but the judicial branch appears to be ready to take him on.

Likewise, millions of Americans have taken to the streets protesting the antics of this administration. When the people speak, they are heard.

Trump may have dictator dreams, but he will be faced with a nightmare of states, judges, and citizens pushing back against his fascist agenda. He won't win.

History taught us that while the constitution may bend and fold, it never rips. Even for someone as nefarious as Trump, it will sustain and maintain the laws of the country.

opinion

About the Creator

Edward Anderson

Edward writes queer led stories that show that the LGBTQIA+ characters lives are multifaceted.

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