Monday, April 14, 2025

Constitutional Crisis

What is a Constitutional Crisis?  One definition is, "A conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve."

Previous Constitutional Crises

1828 - 1833 The Nullification Crisis.  Regarded a prelude to the Civil War.  

Result: South Carolina agreed to a compromise tariff in 1833

1841  Succession of John Tyler after the death of Harrison.  

Result: 25th amendment

1861 Succession crisis.  

Result: Civil War

1876 Disputed election results in three states.

Result: A compromise where Rutherford B. Hayes is elected, and federal occupation of the south ending.

1952 Steel Strike.  Harry Truman nationalized the steel industry.  

Result: Supreme Court annulled Trumans order holding that presidential actions must proceed from constitutional or legislative authority. 

Truman threatened a second nationalization.  But a compromise was reached.

1972 Watergate.

Result.  Nixon resigned at the insistence of the Republican party.  Basically they told him he would be impeached.  At that time the Republican party had honor, and served country before party.

And here we are now.  The Supreme Court has made a unanimous decision for the administration to return one Kilmar Ábrego García, who has been recognized as being sent to the Cecot prison in El Salvador in error.  This fact of the case is accepted as true by the administration. 

Our dear leader has refused to do so.  Our congress has not acted on this case.

What are our choices now?  The Supreme Court can hold our dictator-wannabe in contempt.  But getting that enforced is problematic.

Congress can pass legislation condoning the administrations actions.  But will face the ire of voters next election cycle.  Because this is in violation of several amendments of the Bill of Rights.  

Congress can vote to enforce the decision of the Supreme Court.  This may be it's only course to save the republican party.

Some other face saving compromise can be made.  

Congress or the VP can depose the president under the 25th amendment.  While Vance is unlikely to try and get the majority of the principal officers of the executive departments, he could get a majority of congress,  which is all he needs.  This they may do so if they really feel the pressure.  The last time there was this much anger, the Republicans were out of power in the congress for over 50 years.

Or the 6'3", 245 pound passer of the cognitive exam can dismiss congress and become a dictator in truth, and not in just name.

Or Civil War.  




 


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