Latest news with #DEFCON5
Boston Globe
27-02-2025
- Politics
- Boston Globe
What is a constitutional crisis, and how will we know if Trump causes one?
Vice President JD Vance this month appeared to endorse further expanding the executive branch's power, saying Advertisement 'If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that's also illegal,' Vance So what is a constitutional crisis anyway? While legal experts don't agree on a single definition for a constitutional crisis, they do believe one would feature certain fundamental characteristics. A constitutional crisis takes place when one of the three branches of the federal government — the judiciary, the executive, and the legislative branch — exceeds its powers granted by the Constitution and encroaches on others. That typically takes place by defying court rulings or laws, with limited pushback from the other branches. In short, a constitutional crisis arises when 'you have a crisis that does not get resolved by the rule of law,' said Jed Shugerman, a Boston University law professor and presidential historian. He noted a crisis can also stem from disputes between the federal government and the states. Advertisement The United States has undergone — and survived — several constitutional crises. In 1832, for instance, President Andrew Jackson defied a Supreme Court ruling that Georgia could not seize land belonging to Cherokee nation. Jackson ignored the ruling and ultimately forced thousands of Native Americans to move westward in what has become known as In another instance, Southern states refused to desegregate their public schools after the Scholars disagree on exactly at what point a government conflict becomes a constitutional crisis. Some believe it occurs when an executive disregards laws set by Congress, for example, while others think a president also needs to defy court rulings. A constitutional crisis doesn't happen with the flip of a switch, they said. Instead, they exist on a spectrum and can come in stages, with the potential to get worse. Are we in one now? That depends entirely on who you ask. Many experts who study constitutional law say yes we are — albeit, in the early stages of one. Nearly 1,000 'We don't need to have a fully developed answer to what a constitutional crisis is to know we are in one right now,' said Kate Shaw, University of Pennsylvania law professor, one of the letter's signatories who spoke with the Globe. Shaw pointed to Trump's Advertisement 'I don't think we are beyond the point of no return — and I also don't think it's necessarily a binary," she said. 'There is a spectrum, but I do think that wide-scale lawbreaking by one branch of government without really meaningful pushback, in particular from Congress, is the stuff of constitutional crises.' Shugerman similarly likened the country's current state to levels of military readiness, saying, 'We just moved up from DEFCON 5 to DEFCON 4 because we have some mix of negligence, recklessness, or deliberation in not complying with lower court orders.' For instance, a judge admonished the Trump administration on Tuesday for not resuming Some, however, argue a constitutional crisis arises only after a president directly ignores another branch. Ilya Shapiro, director of constitutional studies at the Manhattan Institute, a center-right think tank, said while the Trump administration has maintained an 'aggressive posture,' much of the hype around the question of a crisis has been overblown. 'There's no cataclysmic scenario that's going on right now,' Shapiro said. 'The administration is trying to, with more competence than eight years ago, restructure government, reorient our political culture in ways that left-wing elites who control the commanding heights of many institutions don't like.' While there may have been 'technical violations,' Shapiro acknowledged, Shapiro said he felt Trump's executive orders were better lawyered than during his last term. Advertisement 'At the end of the day, it shouldn't be that shocking that the head of the executive branch wants to control the executive branch,' he said. What has the White House said? Trump officials have argued the president's actions are within the scope of presidential power and claimed in court the laws they've challenged are illegal, not the Trump administration's new orders. 'We will comply with the law and the courts, but we will also continue to seek every legal remedy to ultimately overturn these radical injunctions and ensure President Trump's policies can be enacted,' Leavitt said. The White House has relied on Robert Tsai, another Boston University law professor, said Trump is exercising 'maybe the strongest form of the unitary executive theory' seen by any American president. One key lawsuit to watch in this area, he said, is or DOGE. Where is Congress in all this? Under the Constitution, the three branches of government are designed to check one another if one overreaches and infringes on the jurisdiction of others. In Shaw's eyes, 'The cleanest way out of a constitutional crisis is for Congress to assert itself as the Constitution expects it to.' Advertisement So far, Congress doesn't seem interested in intervening. Congressional Republicans, who control the House and Senate, have defended Trump's actions, even as the president has tried to take on powers that Congress has traditionally guarded jealously, such as setting federal funding levels and priorities. 'I've been asked so many times, 'Aren't you uncomfortable with this?' No, I'm not,' House Speaker Mike Johnson, a Louisiana Republican, Senator John Curtis, a Utah Republican, defended Trump's actions Sunday, Some Democrats, meanwhile, Trump's actions amount to a crisis just yet. 'Ask me in April,' Representative Jake Auchincloss, who represents Massachusetts' Fourth District, told the Globe Monday, pointing to upcoming budget fights. 'To me, what a constitutional crisis entails is if Congress cedes the power of the purse.' Why does this matter? Democrats warned throughout the 2024 presidential campaign that a second Trump administration Brendan Nyhan, a political scientist at Dartmouth University in New Hampshire and the group's director, said expert ratings had 'declined to a level below anything we saw during Trump's first term,' meaning experts 'perceive there to have been significant deterioration in American democracy already.' He said the president defying the law has not helped: 'A Constitution that's not treated as a binding constraint is no longer a Constitution.' Several scholars, including Nyhan, suggested Trump's actions could have a chilling effect on the courts where, in order to maintain their credibility, judges 'circumscribe what they do precisely because they fear their decision not being followed.' 'We've already seen the legislature fail to uphold its constitutional responsibility,' he added, 'and if the courts do as well, we're in even more trouble.' Shelley Murphy of the Globe staff contributed to this report. Anjali Huynh can be reached at
Yahoo
19-02-2025
- Politics
- Yahoo
Michael Cohen warns Democrats that Trump 'already owns the libs' and that attacking him 'doesn't work'
Ex-Trump lawyer Michael Cohen insisted Democrats needed to stop attacking President Donald Trump since he "already owns the libs." Cohen spoke to former CNN anchor Jim Acosta on Monday's episode of "The Jim Acosta Show" about Trump's ongoing executive orders and comments. Acosta remarked that while he considered these comments "troubling," some people believe Trump is only "trolling" or "trying to own the libs." "[T]his is not a joke, and nobody should take it as some sort of, 'let's own the libs.' He already owns the libs!" Cohen exclaimed. Democratic Operatives Freaked Out That Party Won't Have 'Come-to-jesus' Moment After Trump Win: Nyt He went on saying, "Let's be clear about something. While Democrats and libs and whoever else that they want to say are out there, and they're trying to, on a regular basis, denigrate Trump, you know, they make all these statements about him. Let me be very clear. That's not the way to beat Donald Trump, alright? Not in the slightest. What basically you're doing there, the whole art of trying to denigrate somebody like Trump, it doesn't work. He is given a pass because of all of the crazy, chaotic things that he does." Read On The Fox News App Cohen pointed out that 93% of Republicans and 54% of Americans in general currently approve of Trump. Though he did not cite any specific poll, a national survey by the Pew Research Center last week showed Trump enjoying a 47% approval rating, the highest he has held for either of his presidential terms. Later on, Acosta asked Cohen to expand upon the idea that "you can't get so upset about this that you're foaming at the mouth and engaging in ad-hominem attacks." Click Here For More Coverage Of Media And Culture "There is a way within which to get the misinformation, disinformation, mal-information out of the – we'll call it the news ecosphere. Right?" Cohen said. "And that's like with shows like yours. Or with Substack. Shows like yours or mine or like, you know, with our various different podcasts and so on. You have to listen to facts." Acosta interrupted, "People have a right to be pissed. I'm just going to say right now, by the way, an absolute right to be pissed. I do not say in any way, shape or form that you don't have a right to be pissed. Absolutely have a right." Cohen agreed, adding, "There's only one problem. The plurality of Americans elected Donald Trump in 2024, alright? Our job is to flood the news sphere, the news ecosphere with facts, hard facts." Since Trump's election in November, some politicians and strategists have warned Democrats of repeatedly panicking over every Trump news event. "I don't think that it's been very effective, the Dem response, so far. In fact, I'm frustrated by it. If you make everything DEFCON 5, then eventually nothing is DEFCON 5. You know what I mean? And on questions of overreach of constitutional authority, it's not always so cut and dry," Rep. Jared Golden, D-ME., said earlier this month. (According to DEFCON 5 is actually the lowest level of readiness. DEFCON 1 means nuclear war is imminent.)Original article source: Michael Cohen warns Democrats that Trump 'already owns the libs' and that attacking him 'doesn't work'
Fox News
19-02-2025
- Politics
- Fox News
Michael Cohen warns Democrats that Trump 'already owns the libs' and that attacking him 'doesn't work'
Ex-Trump lawyer Michael Cohen insisted Democrats needed to stop attacking President Donald Trump since he "already owns the libs." Cohen spoke to former CNN anchor Jim Acosta on Monday's episode of "The Jim Acosta Show" about Trump's ongoing executive orders and comments. Acosta remarked that while he considered these comments "troubling," some people believe Trump is only "trolling" or "trying to own the libs." "[T]his is not a joke, and nobody should take it as some sort of, 'let's own the libs.' He already owns the libs!" Cohen exclaimed. He went on saying, "Let's be clear about something. While Democrats and libs and whoever else that they want to say are out there, and they're trying to, on a regular basis, denigrate Trump, you know, they make all these statements about him. Let me be very clear. That's not the way to beat Donald Trump, alright? Not in the slightest. What basically you're doing there, the whole art of trying to denigrate somebody like Trump, it doesn't work. He is given a pass because of all of the crazy, chaotic things that he does." Cohen pointed out that 93% of Republicans and 54% of Americans in general currently approve of Trump. Though he did not cite any specific poll, a national survey by the Pew Research Center last week showed Trump enjoying a 47% approval rating, the highest he has held for either of his presidential terms. Later on, Acosta asked Cohen to expand upon the idea that "you can't get so upset about this that you're foaming at the mouth and engaging in ad-hominem attacks." "There is a way within which to get the misinformation, disinformation, mal-information out of the – we'll call it the news ecosphere. Right?" Cohen said. "And that's like with shows like yours. Or with Substack. Shows like yours or mine or like, you know, with our various different podcasts and so on. You have to listen to facts." Acosta interrupted, "People have a right to be pissed. I'm just going to say right now, by the way, an absolute right to be pissed. I do not say in any way, shape or form that you don't have a right to be pissed. Absolutely have a right." Cohen agreed, adding, "There's only one problem. The plurality of Americans elected Donald Trump in 2024, alright? Our job is to flood the news sphere, the news ecosphere with facts, hard facts." Since Trump's election in November, some politicians and strategists have warned Democrats of repeatedly panicking over every Trump news event. "I don't think that it's been very effective, the Dem response, so far. In fact, I'm frustrated by it. If you make everything DEFCON 5, then eventually nothing is DEFCON 5. You know what I mean? And on questions of overreach of constitutional authority, it's not always so cut and dry," Rep. Jared Golden, D-ME., said earlier this month. (According to DEFCON 5 is actually the lowest level of readiness. DEFCON 1 means nuclear war is imminent.)
Yahoo
09-02-2025
- Politics
- Yahoo
Democratic lawmaker warns party against going 'DEFCON 5' on everything Trump does
Rep. Jared Golden, D-ME, warned members of the Democratic Party against going "DEFCON 5" on everything President Donald Trump does in an interview on Friday, explaining it would lose them credibility. "I don't think that it's been very effective, the Dem response, so far. In fact, I'm frustrated by it. If you make everything DEFCON 5, then eventually nothing is DEFCON 5. You know what I mean? And on questions of overreach of constitutional authority, it's not always so cut and dry," Golden said. Golden has criticized his party and Democratic leadership over the last few years, including President Biden, over the border crisis and for the party's messaging around authoritarianism and fascism. The Democratic lawmaker also predicted Trump would win the election in an op-ed for the Bangor Daily News, revealing that he would be okay with it. "And I think if you rush right out and just say, like, 'This is, like, dictatorial or illegal,' you might end up being wrong, and that undermines your credibility," Golden told the Washington Post. Democartic Lawmaker 'Dissapointed' With Biden's Handling Of Debt Negociations: 'We're In A Weaker Position' The Washington Post asked Golden if Democrats should be more "discerning with their outrage." Read On The Fox News App Golden provided an example of his response to the president's comments on the Gaza Strip last week. "I'm not going to react instantaneously to everything the president says. I'm going to be paying attention to what the president does. And when it comes to the conflict between Israel and Gaza, what I'm interested in seeing him doing is bringing home the hostages, particularly the remaining American hostages," he responded. Golden reiterated that he would review Trump's actions, not his words, and see if they undermine American interests. Click Here For More Coverage Of Media And CultureGolden also seemed hopeful about working with Trump's administration on some policy aspects. "On issues having to do with securing our border, with energy — I'm really in the camp of all-of-the-above energy approach for American energy independence and security and defense — there's a lot of room to work together," he told the Post. "And on the tax side, it's a little more difficult for me to see space to be proactively involved, and that's because of my skepticism that they will generate a tax policy that is both good for growth, good for the American people — particularly middle-class people — and doesn't do great damage to our ever-increasing budget deficit and national debt. But, I mean, I'd love to be pleasantly surprised," he added. Golden noted he voted against two major bills in the Biden administration, the American Rescue Plan and the Build Back Better article source: Democratic lawmaker warns party against going 'DEFCON 5' on everything Trump does
Fox News
09-02-2025
- Politics
- Fox News
Democratic lawmaker warns party against going 'DEFCON 5' on everything Trump does
Rep. Jared Golden, D-ME, warned members of the Democratic Party against going "DEFCON 5" on everything President Donald Trump does in an interview on Friday, explaining it would lose them credibility. "I don't think that it's been very effective, the Dem response, so far. In fact, I'm frustrated by it. If you make everything DEFCON 5, then eventually nothing is DEFCON 5. You know what I mean? And on questions of overreach of constitutional authority, it's not always so cut and dry," Golden said. Golden has criticized his party and Democratic leadership over the last few years, including President Biden, over the border crisis and for the party's messaging around authoritarianism and fascism. The Democratic lawmaker also predicted Trump would win the election in an op-ed for the Bangor Daily News, revealing that he would be okay with it. "And I think if you rush right out and just say, like, 'This is, like, dictatorial or illegal,' you might end up being wrong, and that undermines your credibility," Golden told the Washington Post. The Washington Post asked Golden if Democrats should be more "discerning with their outrage." Golden provided an example of his response to the president's comments on the Gaza Strip last week. "I'm not going to react instantaneously to everything the president says. I'm going to be paying attention to what the president does. And when it comes to the conflict between Israel and Gaza, what I'm interested in seeing him doing is bringing home the hostages, particularly the remaining American hostages," he responded. Golden reiterated that he would review Trump's actions, not his words, and see if they undermine American interests. CLICK HERE FOR MORE COVERAGE OF MEDIA AND CULTUREGolden also seemed hopeful about working with Trump's administration on some policy aspects. "On issues having to do with securing our border, with energy — I'm really in the camp of all-of-the-above energy approach for American energy independence and security and defense — there's a lot of room to work together," he told the Post. "And on the tax side, it's a little more difficult for me to see space to be proactively involved, and that's because of my skepticism that they will generate a tax policy that is both good for growth, good for the American people — particularly middle-class people — and doesn't do great damage to our ever-increasing budget deficit and national debt. But, I mean, I'd love to be pleasantly surprised," he added. Golden noted he voted against two major bills in the Biden administration, the American Rescue Plan and the Build Back Better bill.
