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.
The March Atlantic Monthly seems . . . instructive. The behaviour to date of the Republican Congress equally so.