What is the definition of a Constitutional Crisis or Martial Law? What is the job of the National Archivist? Class is in session as we examine claims made by a few participants in one of my recent posts.
What is a “Constitutional Crisis?”
No clear definition exists for a constitutional crisis, at least not in the American system. Our Constitutional Republic is built on debate, discourse, and resolving differences, so what one calls a “constitutional crisis” can simply be a difference of opinion.
Our government is working as designed. Just because one professional news report or political party labels our Constitutional Republic as in crisis does not make it so. Public opinion is not the arbiter of a constitutional crisis. A complete meltdown of the U.S. Constitution, say, by another country taking over, would undoubtedly be a crisis. In that case, our Constitution would be replaced without congressional approval, and a foreign power would now govern us under their rules.
What is Martial Law?
According to military.com, “While not specifically defined in the U.S. Constitution, many legal experts consider martial law to be the use of military personnel to dramatically assist or completely replace a nation’s normal legal system in times of emergency. Whether any given use of the military rises to the level of martial law is tied to exactly how much military support or action is used.”
Suffice it to say, we are not under military rule, replacing our regular legal system. Last I checked, the Supreme Court and lower courts were all in session, not run by the military. However, you can discover a list of times martial law has been used in the United States here: https://www.military.com/history/martial-law-everything-know.html.
National Archivist- Preserver or Protector?
A participant in one of our recent discussions claimed the National Archivist is the protector of the Constitution. The top job of the National Archivist “is to be the head of the agency and is appointed by the President of the United States.” See https://www.archives.gov/about/info/whats-an-archivist.html.
The above link points out that the archivist is to preserve the U.S. Constitution. If you’ve ever been to the National Archives, as I have, that is clear. However, armed military guards stand vigil over our Declaration of Independence and the U.S. Constitution to defend it. The President of the United States takes an oath “to preserve, protect, and defend” the Constitution.
Use Terms with Precision
Our Constitutional Republic is built to withstand challenges, disagreements, and even moments of political turmoil. Labels like ‘constitutional crisis’ or ‘martial law’ need to be used with accuracy, not for political theater. The National Archivist ensures the safekeeping of our founding documents, but ‘We the People’ and the leaders we elect are to uphold the Constitution in practice.
This is Common Sense Civics and Citizenship. 🇺🇸
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