General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhen they use the term "constitutional crisis"
As in if tRump fires Mueller.
I've heard this phrase tossed around over the airwaves but no one ever defines what it means or what would happen.
RKP5637
(67,112 posts)democratisphere
(17,235 posts)Samuel Adams, John Hancock, George Washington and Grampa Benjamin Franklin will need to get involved...again!
rzemanfl
(29,573 posts)"
greeny2323
(590 posts)Josh Marshall had a good brief explanation:
To the question of what constitutes a crisis: the constitution is a set of rules and tools for running the republic and protecting it from various threats. When it appears that this bundle of rules and tools may not be able to or may not be permitted to operate against a threat, you enter into a period of crisis. That is eventually resolved by the republic being damaged or destroyed or people finding a way for the bundle of tools and rules to resolve the situation.
defacto7
(13,485 posts)that can settle an issue. They'll have to make a law to cover it. They'd probably call a convention but even that would have an agreement as to how it would be carried out. It would probably follow the chain of powers that end at the SC if necessary.
It just means there'd be new constitutional ground to plow. That can be dangerous.
HeartachesNhangovers
(816 posts)isn't really any kind of crisis. It's the equivalent of writing a story in ALL CAPS or SCREAMING!!!! it.
Xolodno
(6,406 posts)....for the life of me I can't remember where.
However, its a situation where the Constitution hasn't clearly defined the role between the different branches. For example, executive privilege. That's an area both Congress and Executive have been at odds with...but its never made it to the courts. And even if the SC does decide, it could still be challenged probably on a number of technicalities. Congress could have impeached Nixon, and then he could called it null and void because they were trying to subpoena records that they had no right to and Congress was actually trying usurp the Executive Branch...then he orders the Military to protect him. In the meantime what does the bureaucracy do? Follow the President's orders or not? If not, then who do they listen to? If its Congress, its a violation of the separation of powers. What if the VP refuses to recognize the impeachment? If the impeachment goes to the SC, what if the decision falls on party lines? The decision immediately becomes "questionable". Plus any ruling they issue gives one branch more power...and then of course the question is, do they have the power to over rule an impeachment? So what if they don't take the case? Just a few of the problems...
In the case of Dump, he's surrounded himself with Generals, so he could have the military behind him. But here's the conundrum, was there any direct contact between Trump himself and Russia in regards to the election? Others around him can be taken down...which he could then pardon. But if he himself didn't actually partake of the crime, is that impeachable? Its like arresting and prosecuting a hostile witness... Granted they aren't very cooperative, but they are complying as required by law...but don't volunteer anything else. So he could challenge the impeachment as a power grab by Congress. However, in his case, this is less likely.
unblock
(52,387 posts)What it *should* mean is that the constitution or constitutional case law doesn't clearly answer a pertinent question.
What it usually means is "oh dear, we might have to look at the constitution for the plainly written answer"
global1
(25,285 posts)Check out this link: https://www.democraticunderground.com/10029371574