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HORIST: Politicians give ‘constitutional crisis’ a bad name

<p class&equals;"MsoNormal">To the political Chicken Littles on the left&comma; I offer this predictive viewpoint as a comforting and assuaging assurance&period;&nbsp&semi; The sky is not falling&period; &nbsp&semi;We are not into&comma; on the verge of&comma; or even facing the prospect of an imminent constitutional crisis&period;&nbsp&semi; The Republic&comma; for all the ever-present threats to its continuation&comma; is not on the verge of collapse &ndash&semi; at least not imminently&period; Independence Day was a movie&period; &nbsp&semi;So&comma; you can stop all this hyper-hysteria that is scaring the children&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Only once in our nation&rsquo&semi;s 218-year history did this great nation suffer a real constitutional crisis&comma; and that was when those pesky slave-loving Democrats attempted to set up their own unconstitutional and immoral nation south of the Mason-Dixon Line&period;&nbsp&semi; Every other so-called constitutional crisis &ndash&semi; including Franklin Roosevelt&rsquo&semi;s attempt to pack the Supreme Court&comma; Nixon&rsquo&semi;s Watergate caper&comma; Clinton&rsquo&semi;s fibbing under oath about his Oval Office cigar habit&comma; Bush&rsquo&semi;s 2000 chad-hanger election and even today&rsquo&semi;s debate over a president&rsquo&semi;s power to pull the immigration welcome mat &ndash&semi; are merely constitutional questions&period;&nbsp&semi; They were not crises or threats to the Republic or the Constitution under which it is governed&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">In fact&comma; we often face similar&comma; if not quite so spectacular&comma; misnamed &ldquo&semi;constitutional crises&rdquo&semi; in every presidential administration&period;&nbsp&semi; On those occasions that President Obama issued constitutionally dubious Executive Orders&comma; it was most certainly a constitutional question &ndash&semi; but not a crisis&period;&nbsp&semi; It was settled by the Supreme Court which struck down those that did not pass constitutional muster&period;&nbsp&semi; In fact&comma; every time the Supreme Court hears a case it is a constitutional issue &ndash&semi; never a constitutional crisis&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">The Russian attempts to influence our elections and our political process is most certainly a criminal assault by a foreign adversary&comma; but again&comma; not a constitutional crisis&period;&nbsp&semi; <a name&equals;"&lowbar;Hlk506114872"><&sol;a>The fact that our Constitution protects our right to life doesn&rsquo&semi;t mean that every murder is a constitutional crisis&period;&nbsp&semi; It is simply a law enforcement issue&period; Same with the Ruskies&period;&nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Saying that President Trump is creating all kinds of constitutional crises and posing a threat to the Republic is partisan nonsense on steroids&period;&nbsp&semi; For more than a year&comma; critics have raised dreaded consequences if Trump were to fire James Mueller&comma; Rod Rosenstein and others &&num;8212&semi; even though he has the legal authority to do so &ndash&semi; but he has not despite the endless and baseless speculation by political enemies and the press&period; It would&comma; they say&comma; create a constitutional crisis&period;&nbsp&semi; It may create a political maelstrom&comma; but not a constitutional crisis&period;&nbsp&semi; They say his harsh criticism of the press creates a constitutional crisis&period;&nbsp&semi; Despite the obvious implied self-importance inherent in that claim&comma; it&comma; too&comma; is not a constitutional crisis&period;&nbsp&semi; It&rsquo&semi;s called free speech&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">If Trump were to use the military to disband the Congress or close the Supreme Court&comma; THAT would be a constitutional crisis&period;&nbsp&semi; Issuing even a questionably constitutional Executive Order is not a crisis any more than all those laws passed by Congress that were struck down as unconstitutional&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">They say that Trump is an authoritarian&period;&nbsp&semi; But&comma; isn&rsquo&semi;t he the one who said that he does not have the authority to provide amnesty for the Dreamers&quest;&nbsp&semi; Isn&rsquo&semi;t he the one agreeing with constitutional scholars who say that only the Congress has the authority&quest;&nbsp&semi; That does not sound like the work of an authoritarian&period;&nbsp&semi; Even his ban on immigrants from nations associated with terrorism and with poor vetting policies has been largely upheld by the Supreme Court &ndash&semi; and will be ultimately and finally settled by the same&period;&nbsp&semi; In fact&comma; it would be virtually impossible to find any action by Trump that can be said to undermine the Constitution&period;&nbsp&semi; The Constitution is the rule book and the Supreme Court the referees&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">If you look back at the major impeachment efforts &ndash&semi; Andrew Johnson&comma; Richard Nixon&comma; Bill Clinton and speculatively Donald Trump &&num;8212&semi; none of these events posed a constitutional crisis&period;&nbsp&semi; Nothing these presidents did was an attack on the Constitution&period;&nbsp&semi; They were subjected to impeachment or threats of impeachment based on illegal or immoral conduct &hellip&semi; period&period;&nbsp&semi; They may have caused a political conflict&comma; but in each case&comma; the situation was resolved in accordance with the Constitution &ndash&semi; not in defiance&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">It is one thing to not like how a president may use his authority or how he conducts himself personally&comma; but quite another to suggest he is exceeding his constitutional authority&period;&nbsp&semi; One might even argue that those who are determined to drive a constitutionally elected president from office are&comma; themselves&comma; attempting to create a constitutional crisis&period;&nbsp&semi; But even that does not rise to the level&comma; since the goal&comma; no matter how hyper-partisan or reprehensible it may be&comma; is to be achieved according to the Constitution&period; &nbsp&semi;The efforts to have electors violate their sworn duty&comma; attempts to have Congress refuse to inaugurate Trump and the misguided attempts to invoke the 25<sup>th<&sol;sup> Amendment to take Trump out of the presidency were all attempts to use the Constitution &ndash&semi; abusively&comma; ergo unsuccessfully &ndash&semi; to achieve a political goal&period;&nbsp&semi; Their efforts were trumped&comma; so to speak&comma; by the Constitution&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal"><a name&equals;"&lowbar;Hlk506112118"><&sol;a>&nbsp&semi;Except for the Civil War&comma; our Constitution has worked like a well-oiled machine&period;&nbsp&semi; It has provided a solid foundation for this democratic republic for more than two centuries&period; It is a work of genius and nobility&period;&nbsp&semi; It has produced the longest continuous democracy on the planet&period;&nbsp&semi; Our Founders departed from the zeitgeist of the times &ndash&semi; a world of nations ruled over by authoritarians of one sort or another &&num;8212&semi; to give sovereignty to we the people&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal"><a name&equals;"&lowbar;Hlk506114119"><&sol;a>Attempts to undermine the Constitution have not and are not likely to come in grand controversial events&period;&nbsp&semi; They will come from almost imperceptible evolutionary morphing of the meaning and protective nature of the Constitution &&num;8212&semi; &nbsp&semi;from assaults on free speech and religious tolerance in the name of political correctness&comma; from a disunifying Balkanization of America through identity politics that supplant <em>e pluribus unum<&sol;em>&comma; and from shifting the epicenter of governance away from the local community&comma; where we the people can exercise maximum influence&comma; to a more distant and less accountable government in which the greatest influence is exerted by an elite class&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal"><a name&equals;"&lowbar;Hlk506114348"><&sol;a>The greatest threat to our constitutional republic may come from Supreme Court justices who do not respect the words and meaning of the Constitution&comma; but rather see their role as activist lawgivers who&comma; tempered by political philosophies that are inconsistent with constitutional principles&comma; bend to the political winds of the moment rather than upholding the basic inalienable rights so clearly enumerated in the document&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Our Constitution does not work because of the personal freedoms we individually assume and enjoy&comma; but because of the freedom and tolerance&comma; we individually give to others&period;&nbsp&semi; As long as we do not lose sight of that&comma; there will never be a constitutional crisis in America&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal" style&equals;"margin-bottom&colon; &period;0001pt&semi; mso-layout-grid-align&colon; none&semi; text-autospace&colon; none&semi;"><em><span style&equals;"font-size&colon; 9&period;5pt&semi; line-height&colon; 107&percnt;&semi; font-family&colon; TimesNewRomanPS-ItalicMT&semi; mso-bidi-font-family&colon; TimesNewRomanPS-ItalicMT&semi;">Larry Horist is a conservative activist with an extensive background in economics&comma; public policy and politics&period; Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman&comma; as well as the White House&period; He has testified as an expert witness before legislative bodies&comma; including the U&period; S&period; Congress&comma; and lectured at major colleges and universities&period; An award-winning debater&comma; his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation&period; He can be reached at <&sol;span><&sol;em><a href&equals;"mailto&colon;lph&commat;thomasandjoyce&period;com"><em><span style&equals;"font-size&colon; 9&period;5pt&semi; line-height&colon; 107&percnt;&semi; font-family&colon; TimesNewRomanPS-ItalicMT&semi; mso-bidi-font-family&colon; TimesNewRomanPS-ItalicMT&semi;">lph&commat;thomasandjoyce&period;com<&sol;span><&sol;em><&sol;a><em><span style&equals;"font-size&colon; 9&period;5pt&semi; line-height&colon; 107&percnt;&semi; font-family&colon; TimesNewRomanPS-ItalicMT&semi; mso-bidi-font-family&colon; TimesNewRomanPS-ItalicMT&semi;">&period;<&sol;span><&sol;em><&sol;p>&NewLine;<p class&equals;"MsoNormal">&nbsp&semi;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&nbsp&semi;<&sol;p>&NewLine;

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