Page 7 - Pakistan Link - November 24, 2023

OPINION PAKISTAN LINK - NOVEMBER 24, 2023 - P7
n By Selen Ozturk Is the US Entering a Constitutional Crisis? discussed in mainstream academic and

for people of color in the US.
n a Friday, November 10 Ethnic news circles have always been the reality
Media Services briefing, experts Discussing what may come to pass
Iin political science, political Constitutional law professor at CUNY, for US democracy if its next elected
history and constitutional law dis- John Jay College — offered another president is one who disregards con-
cussed the signs of constitutional example of constitutional crisis which, stitutional law, Huq said “We shouldn’t
crisis, and the challenges threaten- she said, we may face in 2024. When start from the premise that we have a
ing US democracy a year away from the Supreme Court makes a decision, perfect democracy. But we don’t have
presidential elections. but one or both of the other branches to, to recognize that the system that we
What is a constitutional crisis? of government refuse to follow it. do have can get much, much worse.”
Aziz Z. Huq, Scholar of United “We could have the executive “It’s important to distinguish be-
States and Comparative Constitutional branch refuse to follow it or give an ex- tween the Constitution and democ-
Law, University of Chicago Law School, ecutive order that contradicts it which racy itself,” added Masket. “The Con-
discusses the current Supreme Court’s the people want to follow anyway,” stitution has aspects of it that are very
emphasis on free speech and religious Browne-Marshall explained. democratic — the House of Represen-
liberty and how it has the potential to Discussing the definition of a con- tatives, elections, and so forth — but
harm vulnerable and marginalized stitutional crisis in legal circles, Aziz also some that are less democratic or
communities. Z. Huq — scholar of United States and even counter-democratic, including to
Seth Masket, political science pro- Comparative Constitutional Law at the some extent the Senate, the Electoral
fessor and Director of the Center for University of Chicago Law School — College, and the Supreme Court. Much
American Politics at the University of said given that the Constitution, like How much can you push a country’s Constitution before democracy enters of what Trump is threatening may be
Denver, identified four potential kinds any written law, has many gaps and a state of crisis? more of a threat to democracy than to
of constitutional crises. The first is a ambiguities, “I don’t think that con- the Constitution itself.”
circumstance the Constitution doesn’t flict over implementation necessarily As one of next year’s major presi- gered in a person who has a real likeli- Browne-Marshall emphasized
at all detail how to address — for ex- counts as a crisis, because such con- dential candidates, Donald Trump, hood of winning … I think this is what that those conservatives who support
ample, President Harrison’s death in flicts have been pervasive features of faces several criminal and civil indict- may cause a political crisis.” Trump are often the staunchest sup-
1841, before the Constitution included our democracy since the 1780s.” ments, a question arises as to whether What’s distinctive about this moment, porters of the Constitution: “I don’t
Vice Presidential succession. Rather than a long-standing condi- the possibility of his election indicates added Huq, “is not the fact that there’s a see progressives, liberals, Democrats,
A second type of crisis occurs when tion, Huq continued, many lawyers’ a weakness of the Constitution on likely candidate under indictment, but interpreting the Constitution in a way
the Constitution is unclear about the use of the term “crisis” depends on which our democracy depends. that two of his four indictments concern that makes it a real document that can
parameters of government — for ex- “what the purposes of the Consti- Masket argued that the problem efforts to subvert the democratic process, be used or weaponized, while conser-
ample, said Masket, “in the 1850s it tution are. If it’s to install a democ- “isn’t necessarily with the Constitu- and to prevent the lawful proper count- vatives have weaponized it and made it
was unclear whether the federal gov- racy, it’s a crisis when democratic tion, it’s with political parties which ing of people’s votes. What’s unique is the their own.
ernment could regulate or eliminate self-government goes off the rails.” have stepped in to fill the void left by credible demonstration of a willingness “The constitution of this country,
slavery in states, and we had a civil war Rather than a government shutdown, the Constitution,” given that beyond to engage in the anti-democratic use of which is supposed to bind all of us in
to answer that question.” A third type for example, which is short-term and requirements of age and birth in the political power, to use political authority our differences, is coming apart at the
involves the outright failure of institu- not uncommon, a crisis is when “the US the document’s presidential re- to remove political enemies … and that stitches,” she continued. “We need to
tions, e.g. a government shutdown. entire system of governance set up strictions are relatively few, and don’t all this may not necessarily move many understand how some are interpreting
The fourth, he continued, is the by the Constitution is at the point of include the prohibition of felons or voters against him. This is observed in the Constitution to allow the behavior
most descriptive of our current situa- breaking, which is what happened in currently imprisoned people from other democracies, especially fragile of a president who disregards our de-
tion: “The Constitution does say what the 1850s, before the Civil War.” running for office. ones, but doesn’t have an exact parallel in mocracy, whether any interpretation
to do, but it’s not politically feasible, Will we face a constitutional crisis In fact, the only criminal offense American history.” really can.”
we don’t want to do it” — for example, in 2024? which the Constitution details is insur- Our democracy after 2024 The strains of democracy can’t be
although the Constitution provides for Seth Masket, Professor, Department rection per the 14th Amendment, add- Gloria J. Browne-Marshall, Profes- fixed by our Constitution, speakers
impeachment, “so far we’ve never actu- of Political Science, Director of the Cen- ed Browne-Marshall. What’s unique sor of Constitutional Law, John Jay suggested. Beyond whether the coun-
ally removed a president from office ter for American Politics at the Universi- about 2024, given Donald Trump’s in- College (CUNY), author, playwright, try is entering a constitutional crisis,
through impeachment.” ty of Denver, discusses the ways in which volvement with the US Capitol storm- writer/host of Emmy Award-winning they raised the question: Is the US en-
Gloria J. Browne-Marshall — Emmy political parties can take advantage of ing on January 6th, 2021, is that this animated series “Your Democracy”, tering a crisis of democracy? – Ethnic
Award-winning author, playwright and the constitution. constitutional “provision is being trig- says the threats to democracy now being Media Services

n By Sunita Sohrabji Taiwan Remains Key Stumbling Block tionship in the world. He noted that the
CA relationship has never been “smooth

countries like China and the United
resident Joe Biden and Chinese to Healthy US-China Relations sailing,” but added: “For two large
Premier Xi Jinping met for the States, turning their back on each other
Pfirst time in a year Novem- is not an option. It is unrealistic for one
ber15 at Filoli Gardens in Woodside, Biden announced a major break- side to remodel the other, and conflict
California, to discuss the increasingly through in the war against opioids, and confrontation has unbearable con-
fractious US-China relationship. stating that China has agreed to dras- sequences for both sides.”
The meeting was held on the sidelines tically reduce the export of fentanyl Competition and Conflict
of the weeklong Asia-Pacific Economic chemical ingredients and pill presses. “I am still of the view that major-
Cooperation summit, which began No- “More people in the United States country competition is not the prevailing
vember 11. Both leaders are expected to between the ages of 18 and 49 die from trend of current times and cannot solve
meet this week with heads of state from fentanyl than from guns, car accidents, the problems facing China and the Unit-
the Indo-Pacific region and global busi- or any other cause period. So today, ed States or the world at large. Planet
ness leaders attending the CEO Summit. with this new understanding, we’re Earth is big enough for the two countries
Reports from the White House and the taking accidents to significantly reduce to succeed, and one country’s success is
Chinese Foreign Ministry differed dra- the flow of precursor chemicals and an opportunity for the other,” said Xi.
matically on the discussion between the pill presses from China to the Western Biden stated: “We have to ensure
two world leaders. President Joe Biden and China’s President Xi Jinping meet November 15 at Hemisphere. It’s going to save lives and that competition does not veer into
Xi reportedly took a tough stance Filoli Gardens - White House photo I appreciate President Xi’s commit- conflict. And we also have to manage
with Biden on the issue of Taiwan. ment on this issue,” said Biden. competition responsibly.”
China has stated its intent to militar- told Biden, as reported by the Chinese dent has said. We maintain the agree- Artificial Intelligence But the eggshell on which both
ily “reunify” the country sometime Foreign Ministry in a press statement. ment that there is a one China policy. The president told reporters that he leaders ended their talks quickly de-
over the next four years. According to In his remarks to reporters after the I’m not going to change that.” and Xi have agreed to resume direct veloped a c. As Biden ended his press
the Chinese Foreign Ministry, Xi told meeting, Biden said he stressed the Biden has long maintained that the communication, which had been cut conference at Filoli Gardens, a reporter
Biden: “The Taiwan question remains “importance of peace and stability that US will intervene militarily if China off over the past year. The two coun- asked him if he would still refer to Xi
the most important and most sensitive Taiwan Straits.” Asked by a reporter if invades Taiwan. At the Nov. 8 Repub- tries will also assess the impact of ar- as a dictator. Biden characterized Xi
issue in China-US relations.” he would continue his promise to sup- lican debate, former UN Ambassador tificial intelligence, as well as the risks in that manner at a fundraiser in San
Armed Conflict port Taiwan in an armed conflict with and presidential hopeful Nikki Haley and dangers the new technology may Francisco last June.
“The US should take real actions to Taiwan — given that the US is current- said the US was not currently militar- pose. “Well, look, he is. I mean he is a dic-
honor its commitment of not support- ly supporting Israel in its fight against ily equipped to defend Taiwan in an Both leaders appeared to want to tator in the sense that he is a guy who
ing Taiwan independence, stop arming Hamas, and Ukraine’s struggle against armed conflict with China, especially mend fences, stating they did want to runs a Communist country that’s based
Taiwan, and support China’s peaceful Russia — Biden responded: “I reiter- with a shortfall of ships in the region decouple their economies. Xi acknowl- on a form of government totally differ-
reunification. China will realize reuni- ated what I’ve said since I’ve become compared to China. edged that the US-China relationship ent than ours,” said Biden. - Ethnic Me-
fication, and this is unstoppable,” Xi president, what every previous presi- Fentanyl is the most important bilateral rela- dia Services
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