One could avoid either term. Even though both terms include the word "constitutional," neither term appears in the Constitution, and I cannot imagine how a real case could hinge on the perception that we are in a "constitutional crisis" or a "constitutional moment."
But I'm thinking about these 2 terms together because I just listened to today's NYT "Daily" podcast: "A Constitutional Crisis." The phrase was used 23 times, as if we could be convinced by repetition. But convinced of what?Michael Barbaro: The phrase du jour, Adam, right now, in Washington, is "Constitutional Crisis." And we come to you as our resident scholar of the law and the courts to understand what A Constitutional Crisis actually is and how you know when you are in the middle of one....
Adam Liptak: I've been talking to a lot of law professors and what emerges from those conversations is that there's no fixed, agreed-upon definition of A Constitutional Crisis. It has characteristics, notably, when one of the three branches tries to get out of its lane, asserts too much power. It often involves a president flouting statutes, flouting the constitution, flouting judicial orders. And it can be a single instance, but it's more typically cumulative. But it's not a binary thing, it's not a switch.
Liptak's been "talking to a lot of law professors," but apparently not to Alan Dershowitz. I highly recommend his "Trump versus the courts: who will win? My legal analysis" (from February 10th):
Alan Dershowitz: I want to be very clear the New York Times had a front page story major story.... All the law professors in the world the entire academy, all the law professors think there's a horrible constitutional crisis going on. Of course, they interviewed 3 or 4 left-wing anti-Trump law professors. They didn't introduce anybody who would have a neutral view of the Constitution, and they didn't give their readers an honest assessment of the issue. There is no constitutional crisis! Take it from me! I've been study studying the Constitution for close to 70 years now. I know a thing about the Constitution. The United States has a system of checks and balances. That system is designed to prevent constitutional crisis. The Democrats are crying wolf. Schumer screaming out there like a like a mad person about about the Constitutional crisis. People talking about going to the streets and war. No no no no.....
The NYT article he was talking about, published February 10th, was written by Adam Liptak — "Trump’s Actions Have Created a Constitutional Crisis, Scholars Say."
पोस्ट्स
