The title seems extreme, but unfortunately, so are the circumstances which compel me to write with such urgency. The United States is on the verge of a genuine and legitimate Constitutional Crisis, if we are not already in one. The judicial system, from state courts, to federal courts, to the Supreme Court, functions through the rule of law. The judicial branch is meant to be in balance with the other branches, with the authority to deem other branches actions as illegal or unconstitutional depending on the court. Unfortunately, the Trump administration seems emboldened now more than ever to defy court orders, disgrace judges in the court of public opinion for upholding the Constitution, and call for the removal of any and every judge that does not bow to its increasingly authoritarian demands.
To put these issues into a real-time metaphor, one must only look at the deportation cases of Venezuelan migrants. The Trump administration is effectuating these deportations of large groups of Venezuelan nationals, on the grounds that they are members of, or involved with, Tren de Aragua (a Venezuelan gang), by invoking the 1798 Alien Enemies Act. This act gives the president power to detain and deport natives or citizens of “enemy” nations without usual processes. Historically, this has only been invoked three times in United States history, the War of 1812, World War I, and World War II, all periods of declared, active war.
One issue with the invocation of this act is that the Trump administration appears to believe, wrongly, that it allows for a denial of due process. Due process is older than our Constitution and is a founding principle of our democracy, enshrined in multiple places in the Constitution. Simply put, due process requires the government to follow certain rules and regulations before depriving someone of their “life, liberty, or property.” At the very least, due process would typically guarantee that people are being given notice and a reason before they are picked up off the street and shipped to a mega prison in El Salvador.
The Supreme Court in ruling on a case arising from this issue found that deportations could proceed only if those about to be removed had a chance to argue their case in court and were given “a reasonable time” to contest their pending removals. In response to this ruling, the White House said that President Donald Trump would stay the course in his immigration crackdown, but gave no immediate indication that the administration would defy the Supreme Court ruling.
This response narrowly avoids a Constitutional crisis, but highlights how perilously close to one we are. The Trump administration, and the executive branch in general, is subject to the law, and must act accordingly if our Constitution is to mean anything at all.
Mikaela Gantz
Editor-in-Chief
