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Democrats’ Constitutional Crisis – The American Spectator | USA News and PoliticsThe American Spectator

March 27, 2025

The constitutional crisis Democrats are decrying is the one they intend to create. It is part of the campaign to delegitimize Trump that they have been waging for the last decade — from his first campaign to his first term, to their sweeping investigations to two impeachments, to a coordinated lawfare campaign against him, to calling him a “threat to democracy” and a “fascist” in 2024. Their latest iteration is intended to refute the Supreme Court when it begins to uphold the Trump administration’s executive actions.

Donald Trump’s sweeping and innovative executive actions have been met at every turn by leftist opposition and frequently court challenges. From immigration to transgender policies to closing government agencies to environmental policies to clawing back federal funds to ending DEI policies and more, these challenges have had some success. Why are we conservatives surprised?

For decades, the Left has been using America’s courts to advance its policies. Unable to make laws (because they lacked sufficient legislative support), the Left learned that they could remake them through judicial decisions. There is scarcely an area of policy where they didn’t pursue their strategy without success. So, why are we surprised that the Left is rolling out once more their old strategy under the new guise of constitutional crisis now? (RELATED: Dictatorship of Obama Judges)

What must be remembered is that there is no constitutional crisis… yet. For all the Left’s bluster, its pronouncement is simply theirs alone, validated by some lower court rulings. The ultimate arbiter of constitutionality remains, as it has since Marbury v. Madison, the Supreme Court — a destination not yet reached by most of the Left’s challenges to Trump’s executive actions. In short, America’s system of judicial review is working just as intended, and America’s Left is working it just as expected. (RELATED: Elephant in the Courtroom)

The only thing novel in all this is the Left’s change from their decade-old strategy to delegitimize Trump and what their tactic of declaring his actions a constitutional crisis means for the future — a future in which Democrats are telegraphing their effort to create just such a constitutional crisis. (RELATED: This Mess Is of Your Own Making, Chief Justice Roberts)

What Democrats know is that Trump’s strongest Washington majority is not in the White House, or the Senate, or the House. It is on the Supreme Court, where a 6-3 conservative majority sits. What Democrats fear is that the Supreme Court will rule that some, perhaps many, of the Trump administration’s innovative executive orders are in fact constitutional.

Each such ruling will offer new openings for further executive actions. Even the Supreme Court’s blocking of certain executive actions may offer judicial reasoning for second attempts by the Trump administration — just as the Biden administration repeatedly sought creative ways to circumvent the Supreme Court’s prohibition of its unilateral student loan forgiveness.

What Democrats are doing with their current mantra is laying the groundwork to declare any Supreme Court ruling they dislike a “constitutional crisis,” thereby dismissing any adverse ruling’s validity.

Such a preemptory strategy follows the broader strategy of delegitimization that they have pursued against Trump for a decade now.

In the 2016 campaign, Democrats dismissed Trump as not a serious candidate early. When he won in a stunning upset, they dismissed his victory as a fluke; several House members contested the counting of electoral votes in 2017.

After Democrats took control of the House in 2019, they began relentless investigations of every facet of the Trump administration. These were certainly intended to produce unfavorable news coverage for the administration and encumber various agencies, but from a larger perspective, they were meant to explicitly and implicitly send the message that the president and his administration were not legitimate. House Democrats’ two impeachments of Trump only added to their delegitimization message.

Prior to 2024, Democrats unleashed four indictments (resulting in almost 90 criminal charges) against Trump. If he had not already been delegitimized by their earlier efforts, Democrats were sure this would do the trick.

Stunned when their lawfare failed to delegitimize Trump to the broader electorate and remained not just politically viable, but leading their incumbent Joe Biden, Democrats began a campaign of calling Trump a “threat to democracy,” eventually spiraling down to their replacement nominee, Kamala Harris, labeling him a “fascist.” Even two assassination attempts on Trump would not dissuade them from their dangerous course of inflammatory political discourse.

Having been thrown back on their heels by Trump’s overwhelming November victory, Democrats have regrouped around the chant of constitutional crisis. While it sounds like a new charge — and the establishment media obligingly echoes along — it is an old strategy: the strategy of delegitimization.

The only new twist here is that Democrats are now taking it beyond Trump, beyond his administration, and beyond the presidency itself, to the Supreme Court. (RELATED: John Roberts Is Responsible for the High Court’s Self-Delegitimization)

In their maniacal pursuit of Trump, Democrats are preparing the ground to categorically and peremptorily dismiss any Supreme Court rulings they oppose. By preparing to reject Supreme Court rulings — and with it the Court itself — they are threatening the very constitutional crisis they claim to fear.

READ MORE from J.T. Young:

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