Is America in a Constitutional Crisis? Unpacking the Debate
- James Bierre
- Jun 13
- 13 min read
Updated: Jun 27
In recent weeks, “constitutional crisis” has surged from legal theory into everyday discourse as Americans witness a flurry of sweeping executive actions and power plays. The catalyst is a series of aggressive moves by the second Trump administration that many see as a direct challenge to the foundational balance of power enshrined in the Constitution.
Among the most explosive actions was President Trump’s unilateral authorization of military strikes on three Iranian nuclear sites—Fordow, Natanz, and Isfahan—without congressional approval, prompting widespread accusations of violating the War Powers Resolution. To make matters worse, the administration postponed classified briefings to Congress regarding those strikes, sidestepping legislative oversight. A bipartisan resolution in the Senate aimed at limiting Trump’s war powers narrowly failed, leaving unchecked authority in place.
Simultaneously, the Supreme Court handed down a controversial ruling limiting the ability of lower courts to issue nationwide injunctions. This has cleared the way for Trump to act on plans such as revoking birthright citizenship, and he has publicly claimed the decision enables him to implement major policy changes without legal obstruction. Further expanding executive control, Trump issued Executive Order 14215, which places independent federal agencies under direct White House supervision, effectively dismantling long-held norms of administrative independence.
Another early move—Executive Order 14151—abolished all federal diversity, equity, and inclusion programs on Trump’s first day back in office. In the weeks that followed, the administration initiated mass federal workforce purges, resulting in over 275,000 layoffs and the closure of agencies such as USAID. The reintroduction of Schedule F reclassifications has stripped civil servants of job protections, creating an environment of political loyalty tests.
In a rare judicial rebuke, the U.S. Trade Court recently blocked the president’s imposition of “Liberation Day” tariffs, ruling that his use of emergency economic powers had overstepped statutory limits. Yet even this check appears limited, as Trump has already issued 124 executive orders in under 100 days—an extraordinary pace. These orders include sweeping freezes of agency activity, large-scale regulation repeals, and emergency declarations used to bypass congressional gridlock entirely.
Together, these ten events paint a troubling picture. From defying war powers and purging federal workers to sidelining Congress and reshaping judicial norms, the administration is engaging in a sustained campaign to consolidate authority. Legal experts, former officials, and civil society leaders are increasingly warning that the constitutional crisis is no longer a theoretical concern—it is unfolding in real time, with consequences that may define the future of American democracy.
