constitutional crisis

is an extremely rare instance where there is no adequate constitutional political or judicial mechanism available to solve a particular problem.

Michael Gerhardt, visiting scholar at the National Constitution Center, also describes constitutional crises as instances where there is no adequate constitutional mechanism available to solve a particular problem. He notes a host of recent crises that were ultimately resolved politically or judicially—from three serious impeachment attempts to undeclared wars to Bush v. Gore—and suggests that “constitutional crises are extremely rare episodes in which national political leaders recognize the inadequacy of the Constitution.” For example, he notes, during the election of 1800 when Jefferson and Burr received the same number of votes in the Electoral College, the House was forced to resolve the question—but in making its decision, “the House received no guidance from the Constitution or historical practices.” This, for Gerhardt, was a true constitutional crisis.

Michael GerhardtThinkers

Michael Gerhardt