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What is a constitutional crisis and is the US in one now?

What is a constitutional crisis and is the US in one now?

US President Donald Trump has decided to deport over 260 migrants, mostly from Venezuela, to El Salvador, using a XNUMXth-century law.

Although Judge James Boasberg blocked this action, the new US administration ignored the decision.

For this reason, a debate has begun among legal experts in the US over the possibility that Trump, with his decisions, has plunged America into a constitutional crisis.


In her analysis, CNN Recall that even during his first term, Trump had a "loose" approach to the US Constitution.

He often overstepped his authority, tried to stop FBI investigations, and attempted to stay in power even after losing the election.

However, like every other president, he ultimately respected the courts' decisions, at least as temporary measures.

When Judge Boasberg stopped this deportation, Trump did not respect the decision, and the Venezuelan migrants ended up in El Salvador's notorious prison.

According to some legal experts, this act has plunged the US into a constitutional crisis.

Furthermore, CNN notes that it is difficult to expect Republicans in Congress to oppose and stop Trump.

In addition, Trump's advisor, Elon Musk, through his X platform, has been waging a "war" for weeks against judges who block Trump's decisions.

According to Musk, judges who obstruct the 78-year-old's decisions "do not respect democracy and the mandate that Americans have given him," and should therefore be ignored or removed from their positions.

Considering the great influence Musk has over Trump, many people are concerned about the future of the US constitutional system, which is based on a clear separation of three powers: executive, judicial, and legislative.

Some analysts believe that by ignoring the judiciary, Trump is close to completely consolidating power, especially considering that Republicans control both houses of Congress and there is still no member of this party who has openly opposed the American president.

However, some legal experts, such as John Yoo of Berkeley Law University, argue that this is not a constitutional crisis, but a "common confrontation between the executive branch and the other branches."

Yoo also says that the founders of the American Constitution anticipated such a clash between the three branches of government, considering it part of the functioning of the system.

A similar opinion is held by Sanford Levinson from the University of Texas, who believes that the US is in an "era of constitutional rigging", where "every legal option is exploited to the maximum to score political points".

He adds that Republicans bear a large share of the blame for this situation, as their actions have built a "personality cult around Trump" and "undone the function of Congress as a legislative institution."

He turned to Levinson to ask how things have changed in the last six years.

Even if the US is not in the midst of a constitutional crisis, it is stuck in an era of “constitutional hardball,” which is the willingness to exploit any legal opportunity or technicality to score points for a political party, Levinson said. This is clearly the culture we live in.

However, a major change has occurred in Congress with the start of Trump's second term, Levinson argued, noting the "total and complete destruction of Congress as a true governing institution."

Even Republicans who six years ago could oppose Trump on some issues, according to him, "have turned into what I call a cult of personality."

The behavior of these Republicans in the event that Trump actively ignores the courts will be key.

Senate Minority Leader Chuck Schumer told the New York Times that it all depends on how or who wakes Trump up in the middle of the night, at "2 or 3 in the morning."

"I believe that Republican senators, on this issue, will stand firm," Schumer said of some of his colleagues from the other political camp.

"About five or six have said publicly that they will work to support the courts and uphold the law if Trump tries to violate it. And we can do that through legislation, if necessary," he added.

Otherwise, this would be an example of legislators restoring balance. /Telegraph/