Tag Archives: Constitutional Crisis

A Fourth Constitutional Crisis?

12 May

Over at Down with Tyranny Gaius Publius argues that we’re having a fourth constitutional crisis. He sets things up by arguing that Trump will not be impeached:

I’ll lay decent odds the administration will appoint no special prosecutor, and if they do, no independent special prosecutor. It would take a revolt from congressional Republicans to prove me wrong. That could happen, but odds that it will? Less than 50-50 as I see it now.

Which means the country stays in its current state, ruled by a man and a party actively perverting the Constitution to enable obvious corruption and — finally, what the Democrats alleged all along on no evidence — apparent collusion by that man with a foreign power to gain domestic power. Whether that collusion was decisive or not in his victory, matters not at all. […]

All of which means that if Trump’s Russia doings aren’t formally investigated, either by a special investigator or by Congress, elites who want him gone will have to force him out by extra-constitutional means.

Extra-constitutional means?

• Relentless, damaging leaks and innuendo from all quarters aimed at turning public opinion against him.

• Privately issued threats and rewards — sticks and carrots — to induce him to step down. Remember, intelligence agencies of various stripes likely have almost all the goods on almost all officials who matter to them. Imagine what’s hoarded in NSA databases, or what FBI background checks reveal. Imagine what secrets angry CIA field agents might dig up. […]

• Threats amounting to blackmail and, if not physical violence, violence to his wealth, business interests, and “brand.” (“We will destroy your brand forever, you will never do business again, if you don’t get out. Here’s how we’ll do it. First…”)

And that leads us to the fourth Constitutional crisis:

• 1789, the Revolutionary War and transition from colony to slave-holding republic.

• 1865, the Civil War and transition from divided slave-holding nation with two competing economies to united freed-slave state. This change took down the Southern agricultural aristocracy (by depriving it of the nearly free labor it depended on); made the Northern industrial economy nationally ascendant; and put us firmly on the path to first-world industrial powerhouse.

• 1933, the Great Depression and transition from a light-handed pro-business government to a heavy-handed regulatory state.

• And now, this.

What will the next American Constitution look like? Turkey’s and Hungary’s, with their dictators and single-party governments wrapped in the old constitutional forms? A naked kleptocracy, where constitutional forms are simply ignored, like those in many third-world countries? A state in which forms are observed but the hand with real power belongs mainly to the “security” apparatus? In many countries, coups by segments of the elite, blatant or covert, are welcomed as correctives and tacitly approved (another way constitutions are revised without being rewritten).

If Trump is not successfully impeached, and it looks for now like he won’t be, our government as practiced will once more dramatically change, as it did when Bush’s crimes were not addressed, and Obama’s after him (never forget that targeted assassination is an innovation Obama made lawful).

But whatever happens next, whether Trump is impeached or not, I think we’ve already been changed as a nation forever by what’s already led to this moment. After all, in 2016 the nation wanted someone like Sanders to be president, wanted an agent of change, and look what it got. This is in fact our second failed attempt this century at change that makes our lives better.

I don’t think that point’s been lost on anyone. We’re in transition no matter what happens to Trump. Transition to what, we’ll have to find out later.

And something else to consider. The last three times the government fundamentally changed, we got lucky. We found leaders — Washington, Lincoln, Roosevelt — up to the task, in chaotic and troubling times, of steering an altered ship to calmer water and a safer port.