Aziz Huq, Eric Posner, and Tom Ginsburg on the Specter of a "Constitutional Crisis"

I asked 8 experts if we’re in a constitutional crisis. Here’s what they said.
Dylan Matthews
February 13, 2017

“Trash-talking the federal courts on Twitter does not create a constitutional crisis,” Yale’s Jack Balkin explained. “It's a really bad idea, but there are many really bad ideas that are not constitutional crises.”

But most experts said that if Trump were to start defying court edicts, that would very possibly qualify, and even his mere rhetoric ramps up conflict with the judiciary in a counterproductive and perhaps dangerous way.

And they were sure to add that even if we’re not in a constitutional crisis, that doesn’t at all imply that what is happening is normal, or moral, or fair, or decent. “I don’t like the phrase ‘constitutional crisis’ because it has this contention that unless the whole system is up for grabs, we shouldn’t care about an 18- or 19-year-old kid in Chicago who is so anxious about being deported he takes his own life,” Aziz Huq, a constitutional law professor at the University of Chicago, noted. “Crises happen everywhere on a micro scale. Just because they are happening to people on the margins doesn’t make them less important.”

Aziz Huq
Tom Ginsburg
Eric Posner