Yes, It’s a Constitutional Crisis. Just Not That One – Top 3 Takeaways – March 31st, 2025
Takeaway #1: A Constitutional Crisis
It’s probably been the most overused and yet under cited term thrown around during the early weeks of the Trump administration. A quick search online turned up over 11.4 million news stories around the world citing a Trump constitutional crisis. So how is it that we could simultaneously have this concern both significantly overused and yet underused? As always context is key. Most news stories filed under the banner of a “Trump constitutional crisis” are like this one filed yesterday by NBC (fake) News: Trump quickly works to consolidate power and muzzle critical voices... Ahh yes, the big bad Orangeman, is at it again. How dare the president seek to surround himself with those who will carry out his agenda after all. And there are examples like this story reported late last week from Foreign Policy: The U.S. Judicial Crisis Is Uniquely Dangerous. That story goes on to say... there has been a radical change in how democracies die. Right, because effectively if President Trump does what we elected him to do “democracy is dead”. Got it. Btw, would this be another appropriate time to point out that actually democracy is dead because it never existed? You know, as in the US isn’t a democracy and there is no functional democracy that’s survived for any significant length of time in world history? I suppose I’ll save my breath for another time. But the point is this. Whether you seek out news stories or just randomly come across news stories, you have no shortage of oversold narratives that yet again Donald Trump is an existential threat to the democracy that doesn’t exist. Meanwhile, what we actually have is in fact a constitutional crisis with a rampant abuse of power by the courts. As I noted on Friday in discussing the new form of lawfare... How many court cases have been taken up against President Trump across the country since he took office? The answer is 146 or an average of over two per day. How many have been resolved? The answer is 3. The new form of lawfare being used against the Trump administration is for figurative handcuffs to be placed on him and his team around almost every initiative that they seek to achieve. Here’s the update to that story that only helps to further illustrate the point. There were 146 cases filed against the Trump administration with 143 that were still outstanding as of Friday morning... This morning the update is 152 cases with 149 that are outstanding. Yes, there have been six additional cases brought against team Trump over the past three days. The new form of lawfare doesn’t take the weekend off. But you tell me...
Takeaway #2: Are we living through what could be considered a constitutional crisis?
I say yes, but not for the angle most reported in the news. I say it because the stench from the bench does, in my view, arise to the level of a crisis as the judicial branch seeks to abuse its power to usurp President Trump’s constitutional powers. And as it turns out you probably feel that way too. Most agree that this standoff between the judiciary and Trump administration is a “constitutional crisis”. According to Rasmussen's polling on the topic, when Americans were asked about whether this standoff between the executive branch and judicial branch is a crisis 57% said yes – that they agree. Clearly for most of us, there’s more to this angle of the story. We’ve all been conditioned by technology and the volume of distractions to have shorter attention spans. Also, President Trump continues to move at a historic pace in his effort to carry out his mandate. But what’s easy to forget in the day to day is the extent to which the political left went to attempt to prevent Trump from ever returning to power. Democrats impeached him twice, created the made for TV BS January 6th committee series, they indicted him four times, convicted him once, shot him once and, tried to do so another time. If you look at that in context you can easily see how this was always a constitutional crisis in the making. The left stopped at nothing to prevent Trump from ever being able to govern again, and with him governing again their unprecedented lawfare from the bench to impede his executive authority... This is a crisis, you get it. I get it. Most actually get it – just not the way the GSS media reports it. But what’s clear is that sooner than later...
Takeaway #3: The Supreme Court must step in...
And exert some of their authority to put an end to this constitutional crisis, returning balance back to the branches of power, much as they did last year when they ruled on executive authority – effectively ending the left’s lawfare campaign against Trump. Of those 149 active federal cases pending against the Trump administration, only four are currently pending the Supreme Court’s opinion. And that leads to two things. First, the Supreme Court needs to immediately take up and rule on the outstanding cases before it. Second, the Supreme Court needs to issue a sweeping declaration about what the lower federal judiciary really has jurisdiction to do relative to what presidential powers are able to do. This just in, a district court judge doesn’t have the same level of constitutional authority that the president of the United States does...but they’ve been allowed to pretend like it. It’s time to restore the balance of powers to end the constitutional crisis that’s literally been growing by the day. Only the Supreme Court can do it and it’s imperative that they do it – sooner than later not just for the benefit of Trump’s agenda, but also to put an end to a growing precedent of low-level judges acting as though they can dictate things like foreign policy. To make American great again, we must have a restoration of the balance of powers once again.