A Constitutional Crisis
From my newsletter today (subscribe at the bottom of this page):
When I wrote to you last month, we were in a very different moment. Many of us here in the United States were anxious about the future. We apprehended that we were at a political precipice. I suggested that we pay close attention to the words of Timothy Snyder:
Do not obey in advance.
Over the past two-and-a half weeks, we have experienced a barrage of actions that have no precedent in U.S. history. I want to emphasize this: these actions have no historical precedent. Taken together, they represent a rewriting of constitutional norms, one which expands the power of the president beyond legislative and judicial constraints.
This new power has—through action and inaction—been freely given to the president by the other branches of government. In July 2024, the Supreme Court ruled:
Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts.
Effectively, under the cover of “constitutional authority” the president is unrestrained by law. Coupled with the power of the pardon, the president and his cronies can run roughshod over well-established practices and norms.
For their part, the Legislative branch has been complicit by remaining silent as the president asserts a theory of executive power that can only be described as authoritarian.
Governmental checks and balances to arbitrary power have nearly vanished.
All this is not to say that there hasn’t been valiant pushback. There are dozens of lawsuits seeking to stop the implementation of these orders. There are thousands of people on the ground attempting to shore up the edifices of our battered institutions. Independent journalists are generating important and powerful critiques. And, people around the country are coming together to rally for the rights of LGBTQ+ communities, immigrants, and communities of color.
Nevertheless, we are faced with a president who feels empowered to act as a despot. He has pardoned the January 6 insurrectionists. He is targeting and retaliating against individuals with whom he has personal grievances. As you read this, families are being ripped apart as ICE agents hunt children down in their schools. He is considering how to send U.S. citizens to be housed in foreign prisons. He is attempting to upend the 14th Amendment and revoke birthright citizenship. His saber rattling ranges fromtrade wars to imperial expansion to ethnic cleansing.
The president has handed over significant authority to non-elected (and unvetted) individuals such as Elon Musk, who have been given control of a vast range of information and government computer systems. Not only has Musk often shown that he has poor judgment, but he has increasingly shown predilections for political positions anathema to democracy. This alone should provoke a Congressional effort for oversight. But, our representatives remain relatively silent.
We are witnessing a fast-moving seizure of power, coupled by a dismantling of institutions and systems of oversight. Many are obeying in advance.
Right now, every day—every hour—is a precious moment for action. If we stay silent now, we will remain silenced in the future.
Please, take a few minutes today to contact your representatives and implore them to do their constitutional duty and serve as a restraint to authoritarian power. Then, contact your friends and ask them to do the same. These are small acts, but they are incredibly important right now.