The US Is In A Constitutional Crisis

They were taken from their homes, their jobs, and other gathering places. They were not told why. They were not asked for identification. If they asked a question they were told to shut up. Shackled at the hands and feet, they were put on a plane and, in direct defiance of court order, flown to El Salvador. There, still chained, they were forced to kneel on concrete as their heads were shaved. They were given white t-shirts, shorts, socks, and clogs, and then bussed to El Salvador’s Terrorism Confinement Center (Cecot). The terms of the initial agreement negotiated by US Secretary of State Marco Rubio is to hold the immigrants for a period of one year. That contract could be extended.

The government insists that all 228 prisoners are members of the Venezuelan gang, Tren de Aragua. However, the government has not provided any evidence to that effect. Cecot, which holds as many as 40,000 prisoners, has been repeatedly criticized by human rights groups for its mistreatment of prisoners. None of the prisoners were given an opportunity to contact family or request legal assistance of any kind.

El Salvador’s president, Nayib Bukele, wrote on social media, “Whoopsie… too late.” in regard to DC District Court Judge James Boasberg’s order on Saturday that all deportations be stopped for at least a period of 14 days. Judge Boasberg’s order was our top story Sunday morning.

Judge Boasberg replied this afternoon, “Once they’re out of the country, there’s not much I can do.”

Venezuela criticized invoking the wartime measure, saying it “unjustly criminalizes Venezuelan migration” and “evokes the darkest episodes in the history of humanity, from slavery to the horror of the Nazi concentration camps”.

“[We] are waiting to hear, as well as trying to do our own investigation,” Lee Gelernt with the American Civil Liberties Union (ACLU) said in a statement.

As of this writing, none of the members of Congress messaged by CLight have responded to our request for comment.

The Executive branch refusing a direct court order fits the textbook definition of a Constitutional Crisis. The executive branch invoking emergency powers in a way that is seen as exceeding constitutional limits, or a dispute over the scope and duration of those powers is a Constitutional Crisis. A constitutional crisis isn’t just a disagreement; it’s a disagreement that threatens the stability and legitimacy of the entire political system. It puts the fundamental rules of the game into question.

A constitutional crisis is a situation where the established mechanisms of a government, as defined by its constitution (written or unwritten), are unable to resolve a significant political problem, or where there is serious dispute or conflict about the interpretation or application of the constitution itself. It’s a breakdown, of the normal functioning of a government according to its own rules. If one branch blatantly ignores the constitutional power of another branch, we have a Constitutional Crisis.

This is where we are.

The most peaceful resolution to this particular crisis would be for Congress to step in, impeach both the President and the Secretary of State, and order the return of all detainees pending proper court appearances as prescribed by the Constitution. Unfortunately, as no members of Congress are currently on the record opposing the White House’s actions, there is little hope that the Legislative branch will offer any resolution at all.

The next option is for Americans, regardless of any related affiliation to Venezuela, immigration, or other involved parties, to speak up with tremendous force. In the best of worlds, this would mean large-scale marches in every major city. Unfortunately, we don’t have that kind of reach and we don’t see anyone else doing anything.

Resistance is necessary if the United States has any hope at all of saving its Democracy. If you’ve not yet read our outline for resistance, now would be a good time to do so. Message us if you have any questions.

This is the moment you have to decide. Right now. If we do nothing, there is no one standing in the way to keep you, your family, and your friends from being deported. What’s it going to be?