Since President Donald Trump took office two months ago, self-proclaimed left-wing legal “experts” have declared that his aggressive policy agenda has created a “constitutional crisis.” But even some more level-headed liberal scholars are beginning to acknowledge just how disingenuous and outright absurd that narrative is.
A February letter from the American Constitution Society (ACS), the liberal alternative to the conservative-leaning Federalist Society, provides a representative example of the “constitutional crisis” hysteria now sweeping the left-wing echo chamber.
“The undersigned are professors and teachers of law, dedicated to the rule of law,” the letter states. “We believe we are in a constitutional crisis. The President has signed a number of executive orders that are beyond his constitutional or statutory authority.”
“The President cannot change who is a citizen,” the 950 signers of the letter continue. “He does not have unbridled legal authority to stop funds already allocated by Congress, nor can he unilaterally impose new, politically-motivated conditions on government benefits that violate the constitutional rights of the recipient individuals, companies, and institutions.”
In other words, according to ACS, because President Trump is cutting waste, securing the border, and rooting out fraud in benefits programs, the United States has been thrust into a “constitutional crisis.”
“We stand as allies to those individuals and institutions targeted by illegal and unconstitutional coercion,” the letter proclaims. “Our democracy can survive, but not without law.”
While one might hope that an honest press would dispel these overly dramatic and overtly partisan declarations, no such luck. The New York Times, taxpayer-funded National Public Radio, Washington Post and CBS News have all fully embraced the “constitutional crisis” farce.
“Trump’s Actions Have Created a Constitutional Crisis, Scholars Say,” reads one particularly provocative headline from the Times. That article quoted five law professors – all from notoriously liberal institutions – to justify its claims. Apparently, readers are supposed to view President Trump as a dictator and a threat to democracy because five academics high in their ivory towers say so.
Of course, it would be just as easy to find five (and probably many more) legal experts on the right – and maybe even a few on the left – who have the opposite view.
Harvard University Law Professor Jeannie Suk Gersen had the courage to call out the ridiculousness of the “constitutional crisis” narrative on a panel last month, even as she acknowledged her opposition to President Trump’s policies themselves.
“We seem as a culture to have lost our ability to talk about our disagreements with outrageous presidential policies and our strong feelings of judgment about their immorality without channeling it into the language of illegality, unlawfulness, unconstitutionality, and then at the extreme, ‘constitutional crisis,’” she said.
Gersen also pointed out that Trump has yet to disobey any court rulings, undermining claims that the president is somehow usurping the constitutional order. “As people who care about the rule of law, I think that we need to think about our own participation in hastening its demise,” she added.
Law professor Jonathan Turley also took aim at his peers for their haughty language. He pointed out in a March 8 opinion piece in The Hill that it is no surprise the authors of the ACS letter gathered plenty of signers – after all, there is a clear left-wing bias in law schools. He noted one study that “found that only 9 percent of law school professors in the top 50 law schools identify as conservative.”
Turley also wrote that “[p]residents often negate the prior executive orders of their predecessors, fire their appointees and implement sweeping new changes.”
Sometimes those actions are upheld, and sometimes they are struck down. The Supreme Court, for instance, struck down President Joe Biden’s student loan bailout in 2023 – after he had been warned that it was unconstitutional, as Turley notes. (It’s worth noting that Harvard Professor Laurence Tribe, a signer of the anti-Trump letter, told Biden the plan was constitutional. So much for a “crisis.”)
“Trump is also prevailing in some of these cases and will likely prevail in many others,” Turley pointed out in his column.
Indeed, federal courts are upholding many of Trump’s supposedly “unconstitutional” policies. For example, a federal judge recently issued a ruling allowing the president to fire some USAID contractors. In other cases, judges have overturned the White House’s actions, and President Trump has respected those rulings, even if he disagrees with them.
While the constitutional crisis crowd is undoubtedly deeply motivated by base partisan ambitions, there is also something else underpinning this panic that betrays a fatal flaw in the left’s view of the Constitution in the first place.
The predominant philosophy among liberal legal scholars is a view known as “living constitutionalism,” or the belief that the Constitution is a “living” document whose meaning can “evolve” over time. Conveniently for those who espouse this view, this “changing meaning” invariably ends up being whatever convoluted interpretation justifies far-left policies.
To the left, then, the “Constitution” isn’t a historical document with a defined meaning, but rather a nebulous and ever-shifting set of beliefs that confer unlimited power on Democrat Party politicians while restraining duly elected Republican leaders from exercising any authority.
In this sense, President Trump’s agenda may indeed present a “constitutional crisis” – but the threat is to the left’s twisted and distorted vision of what the Constitution is. For Americans who care about upholding the original meaning of the Constitution and protecting the freedoms it entails, Trump’s sweeping executive actions thus far are a welcome relief.
AMAC Newsline contributor Matt Lamb is an associate editor for The College Fix. He previously worked for Students for Life of America, Students for Life Action, and Turning Point USA. He previously interned for Open the Books. His writing has also appeared in the Washington Examiner, The Federalist, LifeSiteNews, Human Life Review, Headline USA, and other outlets. The opinions expressed are his own. Follow him @mattlamb22 on X.
The Communist Democrats,Ruined this Country for 4 years.
President Trump has worked Diligently trying to Reverse all the Negative Policies of The Idiotic Biden Administration.
I SUPPORT PRESIDENT TRUMP AND HIS ADMINISTRATION.
I SUPPORT ELON MUSK DOGE.
THE DEMOCRATIC POLICIES THAT HAVE BEEN DISCOVERED,ARE TOTALLY ANTI-AMERICAN.
Why,are there USAID Programs funded,that only line the pockets of The Elitists Radical Democrats.
I SUPPORT OUR CONSTITUTION!
I SUPPORT PRESIDENT TRUMP!
I SUPPORT THE DOGE!
I SUPPORT ICE!
GOD Bless America!
Again, more delaying tactics to mislead the public and undermine the confidence in the government. The liberal Democrats don’t care for the country and its condition as long as they fill their greedy pockets and regain power. Will a Civil War between the people divide the nation once again? Only time will tell.
The Left is an American crisis. What we are seeing here is a group of five-year-olds throwing a temper tantrum. The media gives legitimacy to these tantrum-throwers instead of simply saying “should not speak unless spoken to” and directing them back to the children’s table. This American crisis started decades ago when the Left began desperately seeking to make the Constitution something that should be interpreted and made to “fit the times”.
Of course it’s a constitutional crisis because we have a president that’s following it. This intentional disregard for law now becomes a convenient talking point when the left is being exposed for what’s been going on for so long.
In a nice way this article is pointing out that no matter what, America has to be destroyed. And the dems way of doing that is destroying Trump. Biden disobeyed the Supreme Court decision and paid student loans off anyway. The democrats want the power like Putin and Xi. Every day there is more evidence of that. They started under Obama continued under Biden. Who was president in name only. Under Trump 45 they continued their onslaught and tried to impeach him twice. The past 4 years they dragged him through the courts. And yet he won tge election. Now they try him openly because they feel the people are on their side. Only they forget who won the election by a landslide in November. They protest, with paid protesters, dance and sing and scream in the streets. But their lies are proven to be lies at every turn. We had no president the past 4 years. We were ruled by deep state and the elite billionaires of the WEF. If we ever had a constitutional crisis was the past 4 years when “Biden” tried to do away with the constitution.
The left was busy flooding the country with third world invaders and scheming to make them instant citizens. All this is completely outside normal procedures. Now that Trump is fighting back they squeal like pigs at bacon making time. There is no such thing as integrity among the left.
The Democrats are the ones that try to subvert the Constitution, they are the ones destroying our country, just take one look around at any blue city or state and it will tell you the truth. Ask me we lived in a blue state for 64 years and moved to Tennessee 5 years ago and it’s like a breath of fresh air of freedom. Democrats destroy whatever they touch.
In my opinion God is using Trump to save our Republic a little longer as he used King Jeroboam II to save ancient Israel a few more years before they went into captivity. Ancient Israel refused to turn back to God and you see what happened to them, it could happen to us also.
Both sides, especially the republicans, have missed the crux of the constitutional issue–most of the funding approved by congress is unconstitutional. The U.S. Constitution grants only NUMERATED (numbered, listed!) powers to the fedgov that are valid. Nearly 80% of the federal agencies are not constitutionally derived(OSHA, Dept of Education, HUD, etc) so most of the monies that Trump is bringing back into the treasury (hopefully) should not have been legally voted out there in the first place! (I hope this does not get me censored for the 4th time).
The Marxists who hate us and this country would love nothing more than to get back into power and totally remove the Constitution. NONE of their wildly crazy policies like EID, LBGTt+++, open borders, upholding laws, actually punishing criminals and especially deporting cartel gang members are killing, raping, stealing, etc. who endanger Americans are things they want to end. They want to be our dictators and end fair elections so they can rule forever..kind of like what Xi, Putin and now Zelensky are touting!
The Constitution and Bill of Rights have been removed from the Whitehouse Webpage. I wonder why and pray that it will be on there again soon for whatever reason.
I support President Trump who is trying to make our country a better place for everyone. He will help the American taxpayers keep more of their hard earned money. The powerful left and media are in for a fight and they don’t have a leg to stand on.
Same old tired messaging that didn’t work in November by a tired, old Democrat Party that cares more about “pronouns” than they do the well-being of America and its citizens.
the thing to remember is that Illegal aliens are here illegally and hence criminals. Criminals are not supposed to profit from their crimes. Allowing them to have children who are citizens because they are born here and thus giving the parents the ability to stay in the country the issue. The Parents profit from crime.
These Left Wingers are nothing but hypocrites. Every time they open their crooked mouths, believe that it’s exactly what they have or plan to do.
They passed trillion dollar bills that did nothing but destroy America. All their claims were Lies!
The Democratic Party is in a death trap due to their greed and pet projects that do nothing for America.
A unknown person enters my house, I ask them to leave and they refuse. I call my local law enforcement and they remove him from my house. The officers take this person to the court for arraignment. The court releases the “presumed innocent” person with a future court appearance. There is a judge in another state, who hears about my troubles and orders the police to return the “presumed innocent” person to my home. I am right back to where I started with an unknown person sitting in my home.
This is what I see the problem with federal judges sticking their nose into the actions of ICE and Homeland Security. It does not concern them nor their jurisdiction but since someone knows that this judge or that judge wants to get their name in the paper and online, so they entertain bogus claims of wrongdoing.
I love how leftists hide behind the Constitution when it suits them. Otherwise they can’t shred it fast enough. Also they never point to exactly what article or amendment trump is breaking. It’s just the same old talking points and scare tactics.
Federal district judges are creating a constitutional crisis by making rulings that are supposed to cover the whole country—that is the job of SCOTUS. I can’t see how a district judge thinks he can enforce such a ruling. They don’t have that kind of authority. That is the job of SCOTUS.
Liberals always accuse conservatives of the very thing that they are doing or being. Therefore, THEY are the embodiment of a Constitutional crisis.
How much longer do we have to wait for NPR and PBS to be defunded?
Saying something is so and saying it over and over and over does not make it so.
The only “constitutional crisis” is when leftist activist judges make rulings which obviously violate the CLEAR separation of powers provide BY the Constitution. The President, as Chief Executive, has the right to “execute” activities for immigration and national defense!!
President Trump is doing a great job, considering he needs to deal with the Democratic Party! The Democratic Party is full of enemies to America, there are Socialists, Communists, Marxist, Muslims/Hamas, Soro’s, all rolled into one group! All the politicians, judges, lawyers, mayors, governors need to answer for waging war on America and the American people!
The Dems will do anything to make President Trump look bad he has not even been in office that long and they are already starting to go after President Trump starting with them worthless judges that Obama appointed and the Dems that started with all there garbage the way they acted when President Trump gave his speech and not one of the losers stood when he came into the chamber or when people that were invited to the White House that had been hurt in the country not one cared enough to stand time for the Dems to start acting like people that care about this country not just care about themselves they leave the office and they are all worth millions that is dishonest.time to stop blaming President Trump and look at others is the Dem party.
No he’s not. Actually it’s the liberal far left democrats that have been attacking our Constitution while everything Trump did his first 4 years and continues to do now is all within the Constitution.
smart intelligent people know that, only the dums and their voters are the stupid ones – always making problems for Trump – President Trump is doing everything right for this country can’t believe how the left isn’t for that! a dem should never ever get into the WH again
This insightful exploration of a party’s challenges highlights the division we face. If our discussions focus solely on grievances without presenting constructive solutions, we risk ongoing frustration. Let’s engage in meaningful dialogue that fosters unity and progress moving forward! Hopefully, they will learn from their mistakes.
Ya gotta love The Donald.
Judges- “We have to block Trump’s MAGA policies and then arrest and imprison him, before he can do more good for the country.”
President Trump is “playing the game” of exposing the left’s biases by making sure that each legal challenge is addressed as necessary. He learned much in his first term and I’m convinced that during the last 4 years (and watching those pulling Biden’s strings) did a lot of research. As he accurately said, “We don’t need new laws, we just needed a new President.”
Dems Create the Chaos right Dems
Agree, our founding Fathers created 3 branches of government so that one branch could not control a Republic. Do not know what a constitution crisis is , but I would call this chaos in this nation. The Legislative Branch needs to step up to the plate & quit playing games.
That is such a worn out phrase.
“Our democracy can survive, but not without law.” Hmmm, but crossing the border illegally is OK and you shouldn’t expect to get your butt shipped back to your country of origin or at least Mexico?
Under the law of common sense, Mr.President isn’t violated any constitution right. All his execution orders are as the filing of allegations. Some of his execution orders cannot be enter into the law for maintaining the same laws, modified them without supporting evidences and attributions of the congress. All his adminstration as D.O.G.E. is doing are discovery of the facts process to support his executive orders. President can also rebut the Court ruling if he has evidences to reverse it in his favor. President must be also vigilence for his administration for all consequences that may arise during his legancy. He cannot be responsible of the democrat’s recession and inflation. In additional, President is waking up the dependency countries to be independent for individual development. Americans is first, it is americans’ funds which need to be used for Americans’ poor people and benefits.
“Harvard University Law Professor Jeannie Suk Gersen had the courage to call out the ridiculousness of the “constitutional crisis” …Gersen also pointed out that Trump has yet to disobey any court rulings, undermining claims that the president is somehow usurping the constitutional order…without channeling it into the language of illegality, unlawfulness, unconstitutionality, and then at the extreme, ‘constitutional crisis,’” …”Indeed, federal courts are upholding many of Trump’s supposedly “unconstitutional” policies. For example, a federal judge recently issued a ruling allowing the president to fire some USAID contractors. In other cases, judges have overturned the White House’s actions, and President Trump has respected those rulings, even if he disagrees with them…In other words, according to ACS, because President Trump is cutting waste, securing the border, and rooting out fraud in benefits programs, the United States has been thrust into a “constitutional crisis.”
The problem America has faced for over a century is people trying to do nationally what the founding fathers reserved to the States. We have forgotten that the states are independent units that have banded together to present a united front to the world and agreed to work with one another and recognize the the citizens of one another as citizens of their own when within their borders. The congress was set up with 2 houses one to represent the states governments and one to represent the population of the states. This was changed with the direct election of senators and senators ceasing to represent their state’s government with this change has come an overlooking/over reaching of the enumerated powers conferred on the national government and there in lies the root of the friction we see today.
It is only a crisis to those who oppose Trump’s agenda. He is not flouting the law as did Biden, so I guess the courts will fight it out. Lots of jobs for lawyers.
All these issues are with departments and agencies under the executive. The Constitution invests all power of the executive in the President. The crisis is not constitutional. The crisis is “brown trouser” in liberalism.
The REAL Constitutional crisis is our LYING “media”….
A New York Times/Siena poll details released October 2022, showed that a whopping 71% of registered voters questioned say “American democracy is currently under threat.”
Among those who fear for democracy, 84% of them, or roughly 60% of all registered voters, view “MAINSTREAM MEDIA” as some sort of threat. A majority, 59%, call the MEDIA a “MAJOR THREAT to democracy” while an additional 25% call it a “minor threat to democracy.”