Below is my column in the New York Post on the growing claim of a “constitutional crisis” over the Trump reforms. It is the latest political jump scare to see if it will rouse the public. It seems, again, to be backfiring as polling shows Trump with record approval levels and widespread support for reducing government.
Here is the column:
Forty years ago, a radio personality coined the phrase “jump the shark” in reference to the episode of the sitcom “Happy Days” in which the character Fonzie (Henry Winkler) jumps over a live shark on water skis. The term is often applied to dying franchises that turn to sensational language or scenes to try to revive the fading interest of the public. More often, you jump the shark and land in utter obscurity.
This week, the Democratic Party jumped the shark.
For years, Dems and their allies pushed the absurd claim that democracy was about to die if Joe Biden or Kamala Harris was not elected president. The public wasn’t buying it. In 2024, Donald Trump won a majority of the voters as well as control of both houses of Congress.
Rather than examine its messaging, Democrats decided to double down. After the election, politicians and pundits announced a new “constitutional crisis” surrounding the effort to downsize the federal government led by Elon Musk and the Department of Government Efficiency (DOGE).
Kris Mayes, the attorney general of Arizona, declared this week, “We are on the brink of a dictatorship, and America has never been in a more dangerous position than she is today.”
The same media that carried the breathless accounts of the imminent death of democracy with the last election are now running “constitutional crisis” articles with many of the same “experts.”
Despite Trump repeating that he “will abide by the courts” while appealing opposing decisions, NPR insisted that Trump’s circle has indicated it is “willing to ignore court orders and defy judicial authority.”
During his first term, Trump repeatedly lost cases — as did his predecessor, Barack Obama, and successor, Biden — but he continued to comply with those rulings.
The fact is that we have the oldest and most stable constitutional system in history. It has repeatedly survived challenges from political to economic meltdowns that would have destroyed other systems. That Madisonian system relies on an independent judiciary, including Trump appointees who regularly ruled against the Trump administration, including on the Supreme Court.
For many citizens, what is most striking is not Trump’s actions, but how Democrats are seeking to prevent the very reforms that a majority of voters supported.
Rep. Ilhan Omar (D-Minn.) warned that this “is a really, really sad day in America. We are witnessing a constitutional crisis. We talked about Trump wanting to be a dictator on day one. And here we are. This is what the beginning of dictatorship looks like when you gut the Constitution, and you install yourself as the sole power. That is how dictators are made.”
Actually, that is not how dictators are made but how democracies work. Trump ran on reducing the deficit and size of the government. The public is worried about a crisis — though it is not one of democracy but debt.
In 2024, the $6.75 trillion budget exceeded our tax receipts of $4.9 trillion. The rest, $1.8 trillion, had to be borrowed. As a result, the national debt has ballooned and, if left on its current trajectory, would amount to 250% of gross domestic product within three decades.
We are becoming a debtor nation where every citizen now shoulders a $106,000-per-capita burden to pay for our out-of-control spending.
Nevertheless, in the first DOGE subcommittee hearing in the House, Rep. Stephen Lynch (D-Mass.) insisted that he would “defend democracy,” which is “under attack” by DOGE and the effort to carry out Trump’s campaign pledges.
What is truly in danger is the status quo. Senate Minority Leader Chuck Schumer (D-NY) may have ironically had the most honest moment when he joined one of the daily protests and yelled how Musk’s government efficiency efforts are “taking away everything we have.”
By declaring a constitutional crisis, these figures are using “rage rhetoric” that gives a license for extreme conduct and messaging.
Sen. Ron Wyden (D-Ore.) has declared a “coup” is being carried out.
Rep. LaMonica McIver (D-NJ) insisted “God d—-it shut down the Senate! … WE ARE AT WAR!”
Rep. Maxine Waters (D-Calif.) called on citizens “to fight back” as Sen. Cory Booker (D-NJ) called for a fight in the streets and for citizens “to rise up.”
Not to be outdone in the rage-fest, Rep. Jasmine Crockett (D-Texas) yelled, “We are gonna be in your face, we are gonna be on your a–es, and we are going to make sure you understand what democracy looks like, and this ain’t it.”
Biden was repeatedly found to have violated the Constitution, including with unilateral actions through executive orders. Courts called him out for it. None of these Democratic members declared a coup or collapse of democracy. Such court challenges are common and often these early initiatives shake out with new guarantees and judicial guidelines.
The courts may oppose certain moves by Trump and DOGE, but these are decisions of process, not policy. Eventually the president will be able to pare government spending, which is what the Democrats are really upset about — not the invented “constitutional crisis.”
Judging from the polls, the public sees that. The Fonz saw it, even if he still does not get it. Just before the election, Winkler mocked Trump’s huge Madison Square Garden rally and told NBC, “That’s his life’s bread; his life’s blood is the sound of appreciation or adulation or whatever.” That “whatever” is called public support. It is a lesson that the Democrats may want to learn if they ever want to see happier days.
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
Executive Authority Protection Act
SECTION 1. SHORT TITLE
This Act may be cited as the Executive Authority Protection Act.
SECTION 2. LIMITATION ON JUDICIAL INJUNCTIONS AND STAYS AGAINST THE EXECUTIVE BRANCH
(a) Prohibition on Stays, Injunctions, and Similar Orders by Lower Federal Courts
• No United States District Court or United States Court of Appeals shall have the authority to issue any stay, injunction, temporary restraining order, or any other order or relief that would prevent or delay the enforcement of an action taken by the Executive Branch, including but not limited to the President of the United States, executive agencies, or executive officers acting within their lawful authority.
(b) Supreme Court as Sole Authority for Injunctions Against the Executive Branch
• The Supreme Court of the United States shall be the sole judicial body authorized to issue any form of injunctive relief against the Executive Branch.
• The Supreme Court may only issue such relief after a case has been reviewed and ruled upon by the Federal Executive Review Court, as established under Section 3 of this Act.
SECTION 3. ESTABLISHMENT OF THE FEDERAL EXECUTIVE REVIEW COURT
(a) Creation and Jurisdiction
• There is hereby established a new federal court, the Federal Executive Review Court (hereinafter “the Court”), which shall have nationwide jurisdiction over all legal challenges brought against the Executive Branch of the United States government.
• The Court shall be subordinate only to the Supreme Court of the United States and shall exercise jurisdiction over cases that would otherwise be brought against the Executive Branch in any district or appellate court.
• The Court shall not have the authority to issue any form of stay, injunction, temporary restraining order, or any other measure that prevents, delays, or suspends an action of the Executive Branch.
(b) Location
• The Court shall be physically located in Jacksonville, Florida.
(c) Judicial Structure and Appointment
• The Court shall consist of nine judges, appointed by the President and confirmed by the Senate for lifetime terms under Article III of the Constitution.
• The President shall appoint one of the judges to serve as Chief Judge of the Court.
(d) Exclusive Jurisdiction Over Executive Branch Cases
• Any challenge to an executive action, order, rule, regulation, or enforcement decision must be filed with the Federal Executive Review Court.
• The decisions of the Court shall be final unless reviewed and overturned by the Supreme Court of the United States.
(e) Expedited Review Process
• The Court shall hear oral arguments in all cases before rendering a decision.
• No ex parte relief shall be granted, and all parties must be heard before the Court may issue a ruling.
SECTION 4. SUPREME COURT REVIEW REQUIREMENT
(a) Oral Arguments Requirement for Injunctions
• The Supreme Court shall not issue an injunction, stay, or any other form of relief against the Executive Branch unless oral arguments have first been heard by the Federal Executive Review Court and the case has been fully adjudicated by that Court.
(b) Limitations on Emergency Relief
• The Supreme Court may not issue an emergency injunction against the Executive Branch unless at least five Justices concur in the order.
SECTION 5. REPEAL OF CONFLICTING AUTHORITIES
• Any provision of federal law, rule, or judicial precedent that conflicts with this Act is hereby repealed and nullified.
SECTION 6. CONSTITUTIONAL AUTHORITY AND SEVERABILITY
(a) Congressional Authority Under Article II
• This Act is enacted pursuant to Article II, Section 2 of the United States Constitution, which grants the President the authority to execute the laws of the United States, and Article II, Section 3, which mandates that the President “shall take Care that the Laws be faithfully executed.”
• Congress, under its legislative authority, has the power to regulate the jurisdiction of the federal judiciary under Article III, Section 1, and to ensure that the Executive Branch is not unduly obstructed from performing its constitutional duties.
(b) Severability
• If any provision of this Act, or the application thereof, is found to be unconstitutional or invalid, the remainder of this Act shall not be affected thereby and shall remain in full force and effect.
SECTION 7. EFFECTIVE DATE
• This Act shall take effect immediately upon enactment.
This version is structured and formatted for easy reading and legislative clarity. Let me know if you need any modifications!
Abraham Lincoln predicted today’s foolish Democrat Party behavior when he said you can fool some of the people all of the time, and all of the people some of the time, but you cannot fool ALL the People all the time!
There may come a time, sooner than later, when citizens identifying as Truman and JFK Kennedy and Joe Lieberman Democrats either seize control of the party or leave it altogether. And with the DNC electing Kenneth Martin and that kid from the Florida high school as its leadership, it’ll be way sooner.
“. . . a new ‘constitutional crisis’ surrounding the effort to downsize the federal government . . .”
So here we have the Left’s two-headed Leviathan: The IRS and federal bureaucracies.
First they hire some 87,000 new IRS employees. So as to better audit you and confiscate your wealth.
Then the Left screams bloody murder at any attempts to audit those federal bureaucracies — the ones they wish to fund after auditing you and redistributing your wealth.
Note the Left’s basic premise: That the individual’s life, work, property, and future belong to an omnipotent government. Be happy if that Leviathan leaves you with crumbs.
Thank you, Mr Turley, for your beautiful, truthful writing!
To paraphrase Talleyrand, the Democrats have learned nothing and forgotten nothing.
I found it amusing when many journalists likened January 6 to a “coup”, while never even attempting to distinguish between legitimate protest and breaking-and-entering. It seemed like an obvious question that a news professional would attempt to answer.
The habit became genetically encoded in contemporary Journalism, which now routinely averts its gaze from giving actual information, and instead creates unanswered questions in the reader’s mind in order to produce flimsy claims of unconstitutionality in everything from jaywalking to fundamental freedoms.
“while never even attempting “. You do realize it is a propaganda war, by both sides. Both sides lie as required.
The Anonymous below proves that Shakespeare was right when he wrote (sort of): “Some are born stupid. Some achieve stupidity. And some have stupidity thruist upon them.”
(Please note, however, that these three things are not necessarily mutually exclusive in Anonymous’s case.)
This is what passes as “news commentary” on fox
“We have a free land here,” Jesse Waters said on “The Five” Tuesday. “But this population in Palestine is hostile, it’s uneducated. It’s even more radicalized than they were at the beginning of this. I mean, now they have no homes at all. They’re even more hateful of the Israelis.”
“And their birth rate is explosive,” Watters continued. “The average Palestinian woman has five and a half babies. The average Israeli woman has only two and a half babies. So demographically, they’re a threat. Not to mention the national security threat.”
While this is hateful and racist enough, Waters had to lie to make his racist point…
Watters was not just callous in his apparent disregard for human life in Palestine, but also inaccurate: the fertility rate in Gaza and the West Bank was 3.44 children in 2022, compared to Israel’s rate of 2.89 in the same year, according to Statista.
Keep supporting Hamas and the Pals to get yourself on another wrong side of a 80/20 issue. Throw all your eggs in the Palestinian basket and just wait for there to be another terror attack with your friends behind it.
“While this is hateful and racist enough, Waters had to lie to make his racist point…”
Oh My God – Watters used a source for a statistic you disagree with – Clearly a Nazi, Racist, misogynist, transphobic puppy killer.
Lock him up now!
“Watters was not just callous in his apparent disregard for human life in Palestine”
Al Queda kills 3000 people in NYC – the US responded by killing somewhere between 250,000 and 2M people in the mideast.
reckless disregard for human life.
Presumably you have heard of Dresden, or Hiroshima or Nagasaki, or the fire bombing of Tokyo.
When the governemnt of a country starts a war – the people of that country suffer and die.
That is not nice, but it is how the world has worked for 300,000 years of human existance.
All the civilian deaths in Gaza were trivially avoidable – release the Hostages – on Oct 8, and turn over the Terrorist perpitrators to the Israelis.
At any time since then that opportunity was available.
And I really can not make sense of this stupid racist claim. Palestinians and most peoples in the mid east are Semites – i.e. THE SAME RACE.
The Palestinians and Jews are separated by RELIGION and history – not Race.
Ultrasubcretin, Hamas is the party with TOTAL disregard for human life, no Jesse Watters. And there is no “Palestine.” That was a Roman colonization.
Who is statista?
Bill Clinton is responsible for a massacre. A million people were slaughtered as we watched and Clinton pretended not to know anything about it. If our media attacked that story like they persecute Trump for blowing his nose, Clinton would be in prison where he belongs.
Libs, Hush. Don’t talk about our failing democracy knowing that Clinton, himself, didn’t lift a finger to help poor blacks as they were butchered.
What a wonderful night! I ordered Tolkien’s translation of Beowulf, and it came in! Amazon left the package at the bottom of the handicapped ramp, so I had to go out in the cold to get it. Why, if you see a handicapped ramp, would you not figure that the person there was a cripple??? Anyway, I went out to see if Sarge wanted some salmon cat food, but he had already gone down for the night, which is cold. I saw the box, so I skiddled down the ramp and retrieved it before some porch pirate made away with it. Plus, I saw on the Amazon page, that my copy of Tolkien’s Orfeo, Sir Gawain, and the Pearl, is going for as much as $300. Talk about inflation! I think I paid $8 or $9 for it.
Brrr! I think I shall start a fire!
Trump winning and a Tolkien book! Winning never gets old!
Relevance check.
Floyd the stupid.
# 1
OT as to tariffs, the tariffs were placed on Canada, Mexico and China due to drugs, synthetic opioid coming into the US from these nations. The nations listed will stop the drug smuggling or tariffs will pay for the increased cost of apprehension.
It shouldn’t affect the prices of any import. If it does then buy domestic if possible. The higher price saves lives.
#1
While eating that avocado and drinking that modelo remember all those you’ll never see again…
I bought a pallet-busting tool the other day, made in China. Durn thing is solid and heavy. It came in yesterday, so I probably saved $10 since it was already in country. I figure I can bust up hardwood pallets for extra firewood, and I do have a source. I also need some 2x4s to shore up an old homemade bookcase that I made of used cedar fence panels. Those things are hard to break up with a crow bar and a sledge hammer.