The Daily Parker

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The resolution of constitutional crises

Max Fisher outlines how constitutional crises resolve, and suggests we should look at Latin America, not Europe, for insight into our own potential upheavals:

Such crises, with democracy’s fate left to a handful of officials, rarely resolve purely on legal or constitutional principles, even if those might later be cited as justification.

Rather, their outcome is usually determined by whichever political elites happen to form a quick critical mass in favor of one result. And those officials are left to follow whatever motivation — principle, partisan antipathy, self-interest — happens to move them.

Taken together, the history of modern constitutional crises underscores some hard truths about democracy. Supposedly bedrock norms, like free elections or rule of law, though portrayed as irreversibly cemented into the national foundation, are in truth only as solid as the commitment of those in power. And while a crisis can be an opportunity for leaders to reinforce democratic norms, it can also be an opportunity to revise or outright revoke them.

Presidential democracies [like ours and those in Latin America], by dividing power among competing branches, create more opportunities for rival offices to clash, even to the point of usurping one another’s powers. Such systems also blur questions of who is in charge, forcing their branches to resolve disputes informally, on the fly and at times by force.

I worry.

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