Saturday, May 13, 2017
Per Five Thirty Eight, the four types of Constitutional Crises:
- The Constitution doesn’t say what to do: Something happens for which the Constitution doesn’t provide instructions.
- The Constitution’s meaning is in question: The text offers conflicting possibilities or throws up a phrase like “high crimes and misdemeanors” or “commerce among the states” that invites different interpretations.
- The Constitution tells us what to do, but it’s not politically feasible: Like having the House of Representatives decide the 2000 election.
- The institutions themselves fail: Congress, the president, the courts and the states are all supposed to check each other in order to uphold the Constitution. But they don’t always do what they’re supposed to.
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The March Atlantic Monthly seems . . . instructive. The behaviour to date of the Republican Congress equally so.
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