The question of this fraught moment appears to be: “Is the United States in the throes of a constitutional crisis?” You can hardly tune into cable news, broadcast news or the Internet, much less open newspaper op-ed pages, without running into a media maven posing this question. The answers from the punditocracy and Democratic elected officials asked this question range from “yes” to “not yet,” with the consensus favoring the latter.
For me, this question was answered weeks ago. We are long past something as vague and abstract as a “constitutional crisis.” What we have here instead, thanks to a rogue regime doing anything and everything it can to amass supreme power, all other considerations be damned, is a “Constitutional Crime Wave.”
At this writing, there are 80 holds that courts have placed on Trump administration actions, either Temporary Restraining Orders or Preliminary Injunctions. At least one judge is very close to charging administration lawyers and functionaries with criminal contempt for defying judicial orders. The judges skeptical of Trump’s actions come from throughout the political spectrum, having been appointed by both Republican and Democratic presidents, including Trump. Around 100 lawsuits against the administration have not yet reached any decisional stage.
Trump says that “tariff” is the “most beautiful word in the English language.” I say that the two most beautiful English words are “due process.” This hallowed phrase crops up in connection with the mass deportations of alleged gang members to an El Salvador torture prison, a gulag by any other name. These individuals are there, likely for life, absent any constitutional due process. Charged with nothing; convicted of nothing; yet consigned to oblivion.
Many Democratic elected officials appear reluctant to speak out on behalf of these victims because they feel that Trump’s overall immigration policies are popular. Gov. Gavin Newsom (D-CA) and other Democrats even called this appalling imitation of Hitler/Stalin/Mao a “distraction” that should not get in the way of criticizing Trump’s disastrous tariffs and trade war.
Newsom and his ilk are dead wrong and completely miss the point for this reason: It is quite possible to walk and chew gum at the same time. One can speak out about multiple Trump transgressions and abuses without having to choose one at the expense of all the others. One can be all for deporting undocumented criminals while also criticizing the patently unconstitutional disregard of the 5th Amendment guarantee of due process of law. In addition, Trump’s mass deportation scheme violates the 6th Amendment’s collection of rights of an accused person, and the 8th Amendment’s prohibition on cruel and unusual punishment.
This all-out assault on the Constitution must be vigorously resisted at every turn. Moreover, it is not the only attack on our foundational document that Trump and his thugs are perpetrating. The mafia-like intimidation of our universities and law firms clearly tramples on First Amendment’s Free Speech rights of these institutions. The reprehensible challenge to birthright citizenship also needs to be resisted. The Constitution’s 14th Amendment language on this point could not be plainer: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” No ambiguity at all here.
At times such as these, real leaders step forward and act with boldness. The example of Rep. Jamie Raskin (D-MD), Sens. Chris van Hollen (D-MD) and Chris Murphy (D-CT) should be a rallying cry to every elected Democrat. Clearly, Newsom is not up to the task and should forfeit his future aspirations to high office. A Constitutional Crime Wave deserves much more robust opposition.
Endnote: Trump’s deportation fever dreams now include sending U.S. citizens convicted of crimes to the El Salvador gulag. Perhaps someone convicted of 34 felonies should be first in line.
Dick Hermann
April 25, 2025
For me, this question was answered weeks ago. We are long past something as vague and abstract as a “constitutional crisis.” What we have here instead, thanks to a rogue regime doing anything and everything it can to amass supreme power, all other considerations be damned, is a “Constitutional Crime Wave.”
At this writing, there are 80 holds that courts have placed on Trump administration actions, either Temporary Restraining Orders or Preliminary Injunctions. At least one judge is very close to charging administration lawyers and functionaries with criminal contempt for defying judicial orders. The judges skeptical of Trump’s actions come from throughout the political spectrum, having been appointed by both Republican and Democratic presidents, including Trump. Around 100 lawsuits against the administration have not yet reached any decisional stage.
Trump says that “tariff” is the “most beautiful word in the English language.” I say that the two most beautiful English words are “due process.” This hallowed phrase crops up in connection with the mass deportations of alleged gang members to an El Salvador torture prison, a gulag by any other name. These individuals are there, likely for life, absent any constitutional due process. Charged with nothing; convicted of nothing; yet consigned to oblivion.
Many Democratic elected officials appear reluctant to speak out on behalf of these victims because they feel that Trump’s overall immigration policies are popular. Gov. Gavin Newsom (D-CA) and other Democrats even called this appalling imitation of Hitler/Stalin/Mao a “distraction” that should not get in the way of criticizing Trump’s disastrous tariffs and trade war.
Newsom and his ilk are dead wrong and completely miss the point for this reason: It is quite possible to walk and chew gum at the same time. One can speak out about multiple Trump transgressions and abuses without having to choose one at the expense of all the others. One can be all for deporting undocumented criminals while also criticizing the patently unconstitutional disregard of the 5th Amendment guarantee of due process of law. In addition, Trump’s mass deportation scheme violates the 6th Amendment’s collection of rights of an accused person, and the 8th Amendment’s prohibition on cruel and unusual punishment.
This all-out assault on the Constitution must be vigorously resisted at every turn. Moreover, it is not the only attack on our foundational document that Trump and his thugs are perpetrating. The mafia-like intimidation of our universities and law firms clearly tramples on First Amendment’s Free Speech rights of these institutions. The reprehensible challenge to birthright citizenship also needs to be resisted. The Constitution’s 14th Amendment language on this point could not be plainer: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” No ambiguity at all here.
At times such as these, real leaders step forward and act with boldness. The example of Rep. Jamie Raskin (D-MD), Sens. Chris van Hollen (D-MD) and Chris Murphy (D-CT) should be a rallying cry to every elected Democrat. Clearly, Newsom is not up to the task and should forfeit his future aspirations to high office. A Constitutional Crime Wave deserves much more robust opposition.
Endnote: Trump’s deportation fever dreams now include sending U.S. citizens convicted of crimes to the El Salvador gulag. Perhaps someone convicted of 34 felonies should be first in line.
Dick Hermann
April 25, 2025
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