Constitutional Crisis

Definition

A constitutional crisis is a situation that arises when there is a fundamental disagreement or conflict between different branches of government over the interpretation or application of the constitution. This can lead to a breakdown in the normal functioning of the political system and a threat to the rule of law.

5 Must Know Facts For Your Next Test

1. A constitutional crisis can arise when the executive branch asserts its power in ways that are perceived to be unconstitutional, leading to a standoff with the judicial branch.
2. Conflicts between the executive and judicial branches over the scope of presidential power and the limits of executive authority are a common source of constitutional crises.
3. The Supreme Court's power of judicial review is a key tool in resolving constitutional crises, as it allows the judiciary to interpret the Constitution and determine the legality of executive actions.
4. Attempts by the executive branch to undermine or ignore the rulings of the courts can exacerbate a constitutional crisis and threaten the system of checks and balances.
5. Resolving a constitutional crisis often requires political compromise, public pressure, or even constitutional amendments to clarify the boundaries of power between the branches of government.

Review Questions

• Explain how the concept of executive sovereignty can contribute to a constitutional crisis.
  • The concept of executive sovereignty, which holds that the executive branch has ultimate authority and decision-making power, can lead to a constitutional crisis when the president asserts this power in ways that are perceived to be unconstitutional. This can create a standoff with the judicial branch, which has the power of judicial review to determine the legality of executive actions. If the executive branch attempts to undermine or ignore the rulings of the courts, it can further exacerbate the crisis and threaten the system of checks and balances that is fundamental to the Constitution.
• Describe how the Supreme Court's power of judicial review can be used to resolve a constitutional crisis.
  • The Supreme Court's power of judicial review is a key tool in resolving constitutional crises. This power allows the judiciary to interpret the Constitution and determine the legality of executive actions. When there is a fundamental disagreement or conflict between the executive and legislative branches over the interpretation or application of the Constitution, the Supreme Court can step in and rule on the constitutionality of the disputed actions. This can help to clarify the boundaries of power between the branches of government and provide a path forward for resolving the crisis. However, the effectiveness of this approach depends on the willingness of the executive branch to abide by the Court's rulings, which can be a source of further tension and conflict.
• Analyze how the separation of powers can contribute to the emergence and resolution of a constitutional crisis.
  • The separation of powers, which divides the government into distinct branches with checks and balances, can both contribute to the emergence and resolution of a constitutional crisis. On the one hand, the division of power between the executive, legislative, and judicial branches can lead to conflicts over the interpretation and application of the Constitution, as each branch seeks to assert its authority. This can create a constitutional crisis when the branches are unable to resolve their differences through the normal political process. On the other hand, the system of checks and balances is also a key tool in resolving such crises, as it allows each branch to hold the others accountable and prevent the concentration of power in any one branch. The Supreme Court's power of judicial review, for example, can be used to determine the constitutionality of executive actions and help to restore the balance of power. Ultimately, the separation of powers is a double-edged sword, both contributing to and providing a means of resolving constitutional crises.

Related terms

Judicial Review:

The power of the judiciary to review the actions of the executive and legislative branches and determine whether they are constitutional.

Executive Sovereignty:

The concept that the executive branch has ultimate authority and decision-making power, even in the face of potential constitutional constraints.

Separation of Powers:

The division of government into distinct branches (executive, legislative, and judicial) with checks and balances to prevent the concentration of power in any one branch.