“We the people are the rightful masters of our government, not to overthrow theConstitution but to overthrow the men who pervert the Constitution.”
— Abraham Lincoln
“Constitutional Crisis” is a term being used with increasing frequency, but what does that mean and are we in such a crisis now. The New York Times surveyed law professors throughout the country and here are their areas of agreement (nytimes.com/2025/02/10):
• A constitutional crisis generally is the product of presidential defiance of laws and judicial rulings.
• It tends to be gradual—a slow slide but with lots of illegal actions—so many that it’s difficult to respond to all of them because there will be more the next day. They continue to pile up.
• Court decisions take time. Meanwhile, illegal actions continue and get exponentially worse in terms of both number and content.
So what laws has Trump defied and what judicial rulings has he ignored? First, he has taken over, with Republican acquiescence, congressional responsibility for passing legislation; instead, he’s ruling via executive order. One branch of government is essentially neutered in terms of legislation and oversight.
According to ballotpedia.org, Trump has issued 143 executive orders as of May 14. His lawless conduct includes setting tariffs (the sole responsibility of Congress), unilaterally revoking the Fourteenth Amendment—birthright citizenship, shutting down agencies funded and approved by Congress, firing government employees while ignoring civil service protections, deporting people based on their political views, curtailing every aspect of the First Amendment including freedom of speech, the press, and the right of the people to peacefully assemble…all are before the courts.
Additionally, Trump has directed federal agencies to cease enforcement of certain laws and regulations, especially those focusing on civil rights and environmental protections. Then there’s the Emoluments Clause, which he continues to ignore, perfectly exemplified by the Trojan horse gift of a $400 million jet and his recent self-serving crypto party. His self-aggrandizement knows no bounds—even holding a military parade in his own honor, at taxpayer expense, even though he never served. And as people die of starvation in Gaza, this barely-human being envisions that Palestinians could be resettled “permanently” in “nice homes” somewhere else” (but of course, not in the U.S.), and proposed that the U.S. take ownership of the Gaza Strip (cbs/news.com, 5/20/2025), with troops if necessary, no doubt turning it into Gaza Largo.
Perhaps the most destructive of all of Trump’s actions is the refusal to grant due process to those he and his sycophantic AG Bondi, and other agency heads, determine are unworthy. The most prominent example of ignoring the judiciary and refusing to grant due process is the Supreme Court’s order to return Kilmar Abrego Garcia to the U.S. after he was wrongfully and illegally deported to an El Salvadorian prison. In a 9-0 decision, the Court upheld a lower court’s decision and the government was ordered to facilitate his return home. Even though Trump acknowledged he could do that, he said he would refuse to comply with the court order (ABC interview, Apr. 30). So much for the rule of law.
The Constitution does not account for a president who refused to honor the highest court in the land and a Congress who would not stand up to him. In an interview on April 30, Trump said, “I run the country and the world” (The Atlantic). He sees himself as answerable to no one. That’s how kings act. The Oval Office has become a pretend palace of gaudy excess and poor taste—a true reflection of its occupant. His response to being challenged is to threaten and intimidate—to sic his followers on his perceived enemies, defined as anyone who challenges him publicly. Silencing dissent is this government’s goal.
There’s a fanciful “joke” about Steve Bannon asking Trump, “What’s your favorite lie?” Trump answers, “I don’t tell lies.” Bannon responds, “That’s my favorite, too!”
But Trump told his most egregious lie on Jan. 20 when he took his oath of office “…to preserve, protect and defend the Constitution of the United States.” Trump’s problem isn’t just that he has bad policies. It’s that he’s a bad person who cares about others only if they can be of use to him. Republican Sarah Longwell said, “A bad person leading the country will always lead to bad outcomes.” So yes, this is what a constitutional crisis looks like. And it began on January 20, 2025 when Trump knowingly issued executive orders in conflict with the Constitution. And you know what’s worse? He really doesn’t give a damn.
Marsha Shearer is a resident of The Villages and the author of “America in Crisis: Essays on the Failed Presidency of Donald J. Trump.”