What Is A Constitutional Crisis And Are We In One Right Now?

On January 6, 2021, the storming of the U.S. Capitol forced Americans to ask a difficult question: What is a constitutional crisis? Are we in a constitutional crisis?

The Constitution was written to create a government of checks and balances. But when those checks stop functioning—or when leaders and institutions refuse to abide by them—the system risks breaking down. That is when the phrase constitutional crisis comes into play.

In this article, I will explain:

• What a constitutional crisis actually means.
• The different types of crises and how they have appeared in history.
• Real examples of constitutional crises in the U.S. and abroad.
• Whether America is facing one today.
• Why this matters and what can be done to prevent further breakdowns.

So, if you’ve been hearing the term often but aren’t sure whether it applies to our current situation, keep reading till the end…

What Is A Constitutional Crisis?

Before diving into examples, let’s break down the definition.

A constitutional crisis occurs when the Constitution no longer provides clear answers—or when political actors openly defy it. 

According to Northeastern University, “though real-world examples are often contested, the concept of a constitutional crisis generally describes a situation in which a political dispute cannot be resolved within the system of rules, norms and procedures that govern society.”

In other words, the system that should resolve disputes instead becomes the source of instability. Legal scholars generally describe a crisis as one of the following:

1. Ambiguity: The Constitution is silent or unclear.
2. Defiance: Leaders ignore constitutional rules or court orders.
3. Institutional Breakdown: Branches of government clash without resolution.
4. Legitimacy Crisis: Citizens lose faith in the system’s fairness or ability to function.

Types Of Constitutional Crises With Examples

Now that you understand the definition, let me explain the four broad types of crises and illustrate each with real examples.

1. Ambiguity In The Constitution

The Constitution leaves some questions unanswered. A classic example was presidential succession in 1841, when William Henry Harrison died in office.

Vice President John Tyler claimed he was president—not just acting president—but the Constitution didn’t spell that out. The uncertainty wasn’t fully resolved until the 25th Amendment (1967).

2. Defiance Of Constitutional Rules

This occurs when government officials refuse to comply with the law. During the Watergate scandal (1970s), President Nixon initially refused to hand over tapes subpoenaed by the courts. Only the Supreme Court’s ruling in U.S. v. Nixon forced compliance.

3. Institutional Breakdown

Interdepartmental conflicts happen occasionally. The 2000 Bush v. Gore presidential election case is an instance illustrating this phenomenon.

The Supreme Court went so far as to choose the winner, giving those who disagreed with the decision an argument that electoral legitimacy was compromised.

4. Legitimacy Crisis

In case the public trust in the system falters, even judicial decisions might lose their authority. The January 6, 2021, Capitol riot was not only a hostile incident but also a legitimacy crisis: a considerable portion of the American population felt the electoral process had failed.

Read Also: The Tenth Amendment to the US Constitution Changed the Fate of the Country!

Historical Constitutional Crises in the U.S.

To better understand today’s debates, let’s briefly revisit some of America’s deepest constitutional crises:

• The Civil War (1861–65): The most extreme breakdown, as states seceded and rejected federal authority.
• Watergate (1970s): A test of executive power versus congressional oversight.
• Bush v. Gore (2000): Raised questions of fairness and judicial overreach.
• January 6, 2021: A direct assault on the peaceful transfer of power.

Each moment tested how resilient the Constitution could be when stretched to its limits.

Comparative Global Examples

America is not alone. Other democracies have faced their own constitutional crises:

• United Kingdom (2019): The Brexit deadlock led to Parliament being unlawfully suspended.
• Sri Lanka (2018): Two rival prime ministers claimed legitimacy until courts intervened.
• Spain (2017): The Catalan independence referendum caused a constitutional standoff.
• Venezuela (2017): The Supreme Tribunal stripped legislative powers, breaking democratic norms.

These examples show how fragile constitutional systems can be when political conflict overwhelms legal order.

Are We In A Constitutional Crisis Right Now?

This is the question many Americans are asking.

Arguments That Suggest We Are

• Executive Overreach: Recent presidents have stretched powers on immigration, spending, and agency control. For instance, the Washington Post stated that attempts to dissolve USAID or block congressional spending raised alarm.
• Checks and Balances Under Strain: Legal scholars argue that ignoring oversight or sidelining Congress undermines the very design of government.
• Public Concern: A 2025 poll by States United found that 57% of Americans believe the country is experiencing a constitutional crisis.

Arguments That Suggest We Are Not

• Courts Still Function: The judiciary continues to check executive action. For example, courts have blocked overbroad immigration bans and executive reorganizations.
• No Defiance of Supreme Court Orders: While talking to Rutgers, legal experts like Jeffrey Rosen argue that a true constitutional crisis begins only when a president openly defies the Supreme Court. That has not yet occurred.
• The System Still Works: Elections continue, Congress still legislates, and power transfers still occur—even if under strain.

So, are we in a crisis? The honest answer: we’re at the edge. Institutions are strained, but the system has not collapsed. Yet.

Why Is It Important To Understand A Constitutional Crisis?

You might be wondering—why does it matter whether we call this a constitutional crisis?

Here’s why:

1. The Rule of Law Depends on It: If officials can break norms without consequence, the Constitution becomes meaningless.
2. Public Trust: Confidence in elections, courts, and Congress is crucial for stability.
3. Prevention of Authoritarian Drift: Recognizing warning signs early helps citizens and lawmakers act before true collapse.

What Can We Do To Prevent A Constitutional Crisis?

Some of the measures that specialists recommend implementing to make constitutional resilience more effective are:

• Clarify Ambiguities: Laws and amendments should clearly define areas that are currently vague, like executive privilege or election disputes.
• Reinforce Oversight: Congress not only must be able but should also have the will to perform the function of checking the power of the executive branch.
• Safeguard Independent Institutions: The courts, the Federal Reserve, and watchdog agencies are among those institutions that should be protected against political retaliation.
• Civic Engagement: In the end, the Constitution is only as strong as those who stand up for it. Voting, advocacy, and awareness still make a big difference.

A constitutional crisis is not only a political drama—the most accurate description would be the time when the Constitution is failing to settle the disputes or when the leaders are openly disregarding it.

Comparing history and foreign countries, America is certainly going through a hard time. Some of the factors that have led the system to the brink of crisis are:

• Executive overreach.
• Polarization.
• Declining public trust.

Nevertheless, courts are still operating, elections are still taking place, and no Supreme Court decision has been openly defied.

So, are we in a constitutional crisis right now? Maybe it depends on where you put the bar. To some, we are already there. To the rest, we are in a “near-crisis” zone that is quite dangerous.

One thing that can never be doubted is this: the Constitution only stands strong if we really commit to it. This is equivalent to being on our toes, demanding that those in power be accountable, and making sure that the democratic guardrails are still there.