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Constitutional crisis

Conflict a governing law is unable to resolve

  • 23 min read
  • 8 chapters

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Through Political science, Constitution and Civil war

Constitutional crises can range from minor to requiring a new constitution. A constitutional crisis can lead to administrative paralysis and eventual collapse of the government, the loss of political legitimacy, democratic backsliding or to civil war.

A constitutional crisis is distinct from a rebellion, which occurs when political factions outside a government challenge the government's sovereignty, as in a coup d'état or a revolution led by the military or by civilians.

Due to conflicts between branches of government

Constitutional crises may arise from conflicts between different branches of government, conflicts between central and local governments, or simply conflicts among various factions within society. In the course of government, the crisis results when one or more of the parties to a political dispute willfully chooses to violate a law of the constitution or to flout an unwritten constitutional convention; or to dispute the judicial interpretation of a constitutional law or of the flouted political custom. This was demonstrated by the XYZ Affair, which involved the bribery of French officials by a contingent of American commissioners who were sent to preserve peace between France and the United States. The incident was published in the American press and created a foreign policy crisis, which precipitated the passage of the Alien and Sedition Acts. Opposition to these acts in the form of the Virginia and Kentucky Resolutions cited that they violated freedom of speech and exhorted states to refuse their enforcement since they violated the Constitution.

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