Experts have many definitions of what a constitutional crisis is, however, their greatest concern focuses on American democracy that is preparing for the 2024 electoral processes, where there is still time to correct and defend the community's vote with the purpose of guaranteeing a legal and effective process.
A constitutional crisis can occur in many ways. In reality, it is not clear what has to happen for this to happen; it may involve when institutions fail or when one of the powers is not willing to carry out what the court says, among many other reasons, Aziz Z commented. Huq, professor of American Constitutional Law, during an information session held by Ethnic Media Services.
Aziz spoke from his perspective as a lawyer, where constitutional gaps or conflicts are not a crisis, since, he said, they are situations that are omnipresent and that are in the democracy and Constitution of the United States, so talking about a constitutional crisis, he specified, "This is talking about something very drastic."
Given this, he explained that the country is not currently experiencing a crisis in terms of democracy, since it is always possible to reach worse levels than those currently experienced.
However, for Gloria J. Browne-Marshall, professor of constitutional law at John Jay College (CUNY), The country is experiencing a constitutional crisis in terms of elections, which is a matter of concern in different areas; however, this can be corrected in the Electoral College, said the professor.
Elections 2024: What is at stake?
In the elections that are to come in 2024, a lot is expected, since on this occasion the Republican Donald Trump, who already held office as president from 2017 to 2021, and is seeking a second term, is in a legal process with federal positions, which calls into question whether his candidacy to return to the Oval Office of the White House is legal, correct or incorrect.
And the fact is that amendment number 14 of the constitution prohibits people who have been part of an insurrection against the United States from being a candidate, so at stake is whether this law also applies to the former president to appear again in the ticket.
Gloria J. Browne-Marshall was clear, as she specified that the Constitution specifically speaks of insurrection, not of any other criminal offense.
The professor clarified that throughout the history of the country, there have been other people who have run for the presidency with criminal records, even from prison, so any citizen who meets the requirements can run to be president. of the United States.
?Before, anyone wanted to put their name to run for president and it seemed unimportant, but now it is not a ?joke candidacy,? and there is a prohibition in the Constitution that makes it probable that a person could win, then a political crisis could be created? Browne-Marshall pointed out.
?Many people are following Trump based on emotion and not law or moral character; Conservatives have had discussions about the constitution for years and I don't see progressives doing that?
At the time, Aziz Huq explained that what is different now with Donald John Trump as a candidate, since 2 of the 4 accusations he faces have to do with individuals who are trying to disrupt the democratic process, as well as underestimating the votes of the people, all under proven circumstances that the former commandstarian wants to use power in an undemocratic way.
Likewise, he stated that it is a big mistake to believe that democracy is perfect, since it has many problems and limitations that are not so easy to defend; which leads us to believe that in the future it will get worse, when, currently, it is not experiencing its best moment.
However, Seth Masket, professor in the Department of Political Science and director of the Center for American Politics at the University of Denver, commented that Trump is a very competitive candidate who promises things that could weaken democracy, "I think maybe Trump is threatening more to democracy than to the Constitution as such?
The constitutional aspect should unite communities with the laws despite the differences, but the reality is that there is a great discrepancy between what the Constitution says and democracy.
The color of the elections
An issue to consider in the upcoming elections is that the population in the United States is changing and white people are losing power. By 2045, it is estimated that 80 percent of the inhabitants of the American Union will be black, which will surely change the future of the country.
The United States has been a multiracial democracy since 1965, and it is more fragile than you think, "to some extent, a functional democracy includes a party being willing to lose and being able to accept that there is a next time," commented Seth Masket.
It is not irrational to think that the United States is moving towards a period where some voices are marginalized, which can lead to elections not being truly competitive, leading to failure of the system and even leading the situation to violence, said Aziz Hup. .
The experts agreed that democracy must also be carried out in the media, since they often bias information, directly impacting what people should or should not know depending on their preferences.
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