You've probably been hearing a lot of a particular term in the news and social media in the past few weeks: constitutional crisis.
There are many people who believe the first few weeks of President Donald Trump's second-term administration have brought the United States dangerously close to a constitutional crisis.
There’s no doubt Trump is grabbing more power for the executive branch. And he and his supporters have also been dismissive of the power of the other branches to stand in his way, raising questions about the U.S. Constitution's system of checks and balances.
But how do you know when you're in a constitutional crisis? And what do you do to get out of one?
According to Richard Primus, law professor at the University of Michigan, it's helpful to think of the constitutional division of powers like a game of playground basketball. There's no official referee with power over every player, so it's up to the players themselves to abide by the rules.
"If you refuse to let fouls be called against you, no one's going to play with you," explained Primus. "The game breaks down. You have to limit your own ambitions and respect your opponents and respect the spirit of the game. The same thing is true about a well-functioning constitutional government."
A lot of people, said Primus, look to the courts as a referee, but that's not the case.
"The courts are just one more player in the game, but they can't force the executive branch or most other powerful players to do what they say. If the other people aren't willing to go along, the court doesn't have an army, only the President does."
So, what happens when one of the players decides not to abide by the spirit of the game? That, Primus explained, is when you find yourself at risk of a constitutional crisis.
When normal decision-making breaks down, and each branch of government institutions insist on doing contrary things, you end up with uncertainty and brinksmanship.
"In the extreme case, matters can only be decided by force," Primus said. "A constitutional crisis is when that happens in some big way that causes a change in the workings or the direction of the regime of government."
There have been several times in its history where the United States has been close to a constitutional crisis, but they've always been averted. For example, in 1800, when incumbent President John Adams lost the election to Thomas Jefferson. It was the first time an incumbent had not won re-election. According to Primus, Adams set precedent by not involving the military, or militias that vowed their support for his candidacy, and peacefully transitioning power.
"For an official who had the army at his command to voluntarily give up power to a political opponent for no better reason than the people had voted that way, that wasn't something you could just take for granted," Primus said.
As for the current moment, Primus doesn't think we're in a constitutional crisis, but he said we could get there quickly. Especially, he added, given President Trump's past willingness to support political violence to reverse a decision that didn't serve his interests.
One key decision he'll be watching is what happens in regards to the Trump administration's freezing of federal funding for programs, including the U.S. Agency for International Development—or USAID. The administration has refused to allow the distribution of congressionally-appropriated funds, despite orders from federal judges to make good on the contracts signed by federal agencies.
"We're not past the point of no return where we're going to have a dictatorship," Primus said. "We're not past the point of no return where Trump is going to be able to do absolutely anything that he wants. We're past the point of no return for getting through without there being a lot of damage."
That doesn't mean Primus doesn't believe we can't get back in good shape, both domestically and internationally.
"The American people are resilient, the American people are resourceful, the American people want a constitutional government," Primus said. "And, if we can get it together, we can repair it and take some hits and take some losses and get the thing going well again. But we have to get it together."
Hear the full conversation with Richard Primus on the Stateside podcast.
