Are we in a Constitutional crisis?
I thought this was (very!) settled and was very surprised at how many people believe there is an imaginary red-line on the president defying the Supreme Court, and then, and only then, is it a crisis.
My question: so is the Constitution self executing? 1/
I spoke at a cool event where this was a topic, and in prepping was shocked by the how-many-angels-on-head-of-pin tests we are expected to run as the institutions that make the expectations of the Constitution possible, and make the crisis measurable, are destroyed and delegitimized. 2/
We're watching the destruction and takeover of public agencies, public hiring, public services, public data, public assets--even if the courts say that was unconstitutional, that damage is done. 3/
We're watching the delegitimization and politicization of disaster aid, the IRS, grantmaking, weather science, hiring and firing, academia--we rely on being able to trust many of those without question in so many obvious and undiscovered ways. Rebuilding it will be tough. 4/
Do you trust your taxes will be handled without political interference? That social security will arrive on time? That the weather for your state is right ahead of a hurricane? That the CDC warn about a pandemic is coming? You probably did before without much thought. What if you can't tomorrow? 5/
Do you trust that people will speak up and report these risks so guardrails can manage them? Early warning systems--IGs, independent agencies, GAO reviews, experienced executives--are being silenced, fired, paused. The early warning system is being broken. 6/
(all of this rant sets aside that to many, the question of whether we are in a constitutional crisis is utterly dissonant; the system is not responsive to their needs and families; and the Constitution has been a series of upheavals still looking for the a better shape) 7/
The Constitution is words several institutions have to generally--with room for maneuver--agree on, with safe spaces to evaluate, judge, consider alternatives. Many of those institutions are being intentionally broken to muddy whatever redline you had in your mind. The crisis is alive.
In pondering this ahead of the event I reread some fantastic analyses: Cuellar: www.foreignaffairs.com/united-state...; Rana: newleftreview.org/sidecar/post...; Purdy: lpeproject.org/blog/on-cons...; Kleinfeld; carnegieendowment.org/research/202...; Bagenstos: www.newyorker.com/news/q-and-a...
Oh! And the most valuable question we didn't get to at the event was, where do we go from here. Kleinfeld and several others have good answers here but the summary is: alternatives. Show what else is possible. Build a vision and make it real and practical and engaging and fun. People WANT it.
I thought this was (very!) settled and was very surprised at how many people believe there is an imaginary red-line on the president defying the Supreme Court, and then, and only then, is it a crisis.
My question: so is the Constitution self executing? 1/
I spoke at a cool event where this was a topic, and in prepping was shocked by the how-many-angels-on-head-of-pin tests we are expected to run as the institutions that make the expectations of the Constitution possible, and make the crisis measurable, are destroyed and delegitimized. 2/
We're watching the destruction and takeover of public agencies, public hiring, public services, public data, public assets--even if the courts say that was unconstitutional, that damage is done. 3/
We're watching the delegitimization and politicization of disaster aid, the IRS, grantmaking, weather science, hiring and firing, academia--we rely on being able to trust many of those without question in so many obvious and undiscovered ways. Rebuilding it will be tough. 4/
Do you trust your taxes will be handled without political interference? That social security will arrive on time? That the weather for your state is right ahead of a hurricane? That the CDC warn about a pandemic is coming? You probably did before without much thought. What if you can't tomorrow? 5/
Do you trust that people will speak up and report these risks so guardrails can manage them? Early warning systems--IGs, independent agencies, GAO reviews, experienced executives--are being silenced, fired, paused. The early warning system is being broken. 6/
(all of this rant sets aside that to many, the question of whether we are in a constitutional crisis is utterly dissonant; the system is not responsive to their needs and families; and the Constitution has been a series of upheavals still looking for the a better shape) 7/
The Constitution is words several institutions have to generally--with room for maneuver--agree on, with safe spaces to evaluate, judge, consider alternatives. Many of those institutions are being intentionally broken to muddy whatever redline you had in your mind. The crisis is alive.
In pondering this ahead of the event I reread some fantastic analyses: Cuellar: www.foreignaffairs.com/united-state...; Rana: newleftreview.org/sidecar/post...; Purdy: lpeproject.org/blog/on-cons...; Kleinfeld; carnegieendowment.org/research/202...; Bagenstos: www.newyorker.com/news/q-and-a...
Oh! And the most valuable question we didn't get to at the event was, where do we go from here. Kleinfeld and several others have good answers here but the summary is: alternatives. Show what else is possible. Build a vision and make it real and practical and engaging and fun. People WANT it.