Are we in a constitutional crisis?

What you probably already know: The term “constitutional crisis” lacks an objective definition, but a growing number of people are using it when discussing President Donald Trump and the current state of the U.S. government. Many legal experts agree that the requisites are met when a president openly defies laws and judicial decisions. Some say we’ve entered such a time as Trump pushes the boundaries of executive reach and should now focus on preparing for the fallout.

Why? Trump’s actions set off constitutional crisis alarms during his first term, starting with the firing of Attorney General Sally Yates and ending with his attempt to stay in office when Joe Biden was elected, including his encouragement of the Jan. 6 attack on the U.S. Capitol. The flurry of executive orders and clashes with federal judges that have characterized Trump’s return to office rekindled serious concerns — or outright assertion — that we’ve entered a constitutional crisis. Most recently, the president called for the impeachment of “Radical Left Lunatic” U.S. District Judge James Boasberg, after Boasberg demanded answers from the Justice Department when Trump’s administration deported alleged Venezuelan gang members despite orders not to. The crux is whether the administration exhibited outright defiance. Supreme Court Chief Justice John Roberts responded to the calls (without naming Trump), saying that "impeachment is not an appropriate response to disagreements concerning a judicial decision."

What it means: The issue of the president potentially flouting court orders aside, the case raises constitutional questions about his executive power over national security and immigration. Can he rightfully invoke a wartime law, when the country is not at war, to expedite the deportation of hundreds of non-citizens regardless of their criminal history? Checks and balances are in place to maintain the power balance between the country’s three coequal branches and prevent tyranny. Indeed, the Founding Fathers expected — even encouraged — disagreements between them, knowing debate is key in shaping policies and safeguarding democracy. But the Trump administration’s latest clash with the federal judiciary didn’t follow due process, which calls into question the executive branch’s willingness to comply with the system.

What happens now? Some argue that the Republican-controlled Congress has failed in its role as “a genuine institution of governance” as the number of GOP members who publicly oppose Trump on some issues shrinks. If the president blatantly defies court orders in the future, will these representatives bend the knee or champion the law? And what could the courts do? Whether we’re living through a constitutional crisis or not, one thing’s for certain: these are uncertain times.