CONFRONTING A CONSTITUTIONAL CRISIS

Understanding a Constitutional Crisis and the Role of the Military in Preserving the Republic

Media pundits and political commentators frequently use the phrase "constitutional crisis," yet they rarely take the time to define what it actually means. The term is often used to generate alarm, but a genuine constitutional crisis is not simply a period of political chaos or institutional dysfunction; it is a moment when the fundamental government structure is at risk of breaking down.

What is a Constitutional Crisis?

A constitutional crisis arises when a government's foundational legal framework, the Constitution, is directly and openly violated without any apparent mechanism to restore order. In the American system, the balance of power among the three branches of government ensures that no single branch can act beyond its constitutional authority without being checked.

The landmark case of Marbury v. Madison (1803) established that the judicial branch has the final authority to interpret the Constitution and rule on the constitutionality of executive or legislative actions. This means that if the executive branch, for example, violates the Constitution, the courts have the power to strike down such actions.

However, a constitutional crisis occurs when one of the branches, most dangerously, the executive, ignores a ruling from the judicial branch and refuses to abide by the Constitution. If the courts rule that a president’s actions are unconstitutional and the president refuses to comply, this presents a direct challenge to the rule of law and the authority of the Constitution itself.

At that point, the nation faced a true crisis: What happens when the law's enforcer, the executive branch, refuses to be bound by it?

The Role of the People and the Military

In such a scenario, the solution is not simply legal but becomes a question of power. When the executive branch disregards the Constitution and refuses to yield to the courts, it falls upon the people and the military to ensure the republic's survival.

Every member of the U.S. military, from enlisted personnel to the highest-ranking officers, takes an oath to "support and defend the Constitution of the United States against all enemies, foreign and domestic." This oath is not to any individual—not to a president, a party, or even a Congress—but to the Constitution itself.

If an executive or legislative branch moves to dismantle constitutional order, the military must remain faithful to its oath, refusing to enforce unlawful orders and, if necessary, acting as the bulwark against tyranny. This does not mean the military should engage in a coup—far from it. Instead, it must stand with the Constitution and the people, restoring the lawful government.

The People's Responsibility

A constitutional crisis cannot be solved through passive observation. The people must organize resistance through lawful means, protests, political pressure, and civil disobedience, demanding adherence to the Constitution. If a president or Congress refuses to abide by court rulings, the public must not accept such violations in silence.

Historically, Americans have risen against injustices that threatened the fabric of democracy. Whether during the Civil Rights Movement, when activists demanded constitutional protections be enforced, or during Nixon’s Watergate scandal, when public and congressional pressure forced a lawless president to resign, the power of collective action has been essential.

The Bottom Line

A constitutional crisis is not just a political problem; it is a fundamental challenge to the survival of our democratic system. The crisis is real and immediate if an executive or legislative body ignores the courts and refuses to abide by constitutional limits.

At that moment, the people and the military must uphold their duty to the Constitution. The military must refuse unlawful orders, and the people must demand restoration of constitutional governance.

A republic survives only if its citizens and its institutions defend it. We must recognize that our greatest loyalty is not to a political leader or party but to the Constitution of the United States, the foundation of our democracy.

William James Spriggs