Much conventional wisdom proclaims the United States is experiencing a constitutional crisis. Members of the legal community declare the constitutional order is in crisis. A Westlaw search found 160 articles published from August 2024 to July 2025 using the phrase “constitutional crisis,” most of which refer to the contemporary United States. Allison M. Whelan writes, “The United States is on the edge of a precipice, raising debates about whether the country is in a ‘constitutional crisis’.” An article in the Georgetown Law Journal Online worries about the “potential for legal civil war” that “will come from a crisis in authority, the inability of mainstream institutions to retain sufficient legitimacy to govern and to counter the rising claims for authoritarian power.” The journalistic community is as concerned with the American constitutional order. The New York Times regularly refers to a “constitutional crisis.” Headlines declare, “Trump’s Actions Have Created a Constitutional Crisis, Scholars Say” and “The Radical Legal Theories That Could Fuel a Constitutional Crisis.” Popular opinion agrees. The search engine of your choice will find numerous contemporary fears if you type in “constitutional crisis.” The first page of my Microsoft Edge search turned up such gems as “LMV [League of Women Voters] Declares United States in a ‘Constitutional Crisis,’ Announces New Initiative to Mobilize Voters” and a piece on the website of National Public Radio asking, “Are we in a constitutional crisis?”

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American Constitutional Democracy in Crisis?

  • Mark A. Graber

摘要

Much conventional wisdom proclaims the United States is experiencing a constitutional crisis. Members of the legal community declare the constitutional order is in crisis. A Westlaw search found 160 articles published from August 2024 to July 2025 using the phrase “constitutional crisis,” most of which refer to the contemporary United States. Allison M. Whelan writes, “The United States is on the edge of a precipice, raising debates about whether the country is in a ‘constitutional crisis’.” An article in the Georgetown Law Journal Online worries about the “potential for legal civil war” that “will come from a crisis in authority, the inability of mainstream institutions to retain sufficient legitimacy to govern and to counter the rising claims for authoritarian power.” The journalistic community is as concerned with the American constitutional order. The New York Times regularly refers to a “constitutional crisis.” Headlines declare, “Trump’s Actions Have Created a Constitutional Crisis, Scholars Say” and “The Radical Legal Theories That Could Fuel a Constitutional Crisis.” Popular opinion agrees. The search engine of your choice will find numerous contemporary fears if you type in “constitutional crisis.” The first page of my Microsoft Edge search turned up such gems as “LMV [League of Women Voters] Declares United States in a ‘Constitutional Crisis,’ Announces New Initiative to Mobilize Voters” and a piece on the website of National Public Radio asking, “Are we in a constitutional crisis?”