Our constitutional crisis is already here

[Belsnickel]

So, this has been an interesting conversation to watch from the sidelines. I have an interesting point of discussion, though. Kagan refers to this as a crisis that is coming. From the point of view of political science, a constitutional crisis is something which the constitution is unable to resolve. The secessions that led to the Civil War would be an example, because the U.S. Constitution doesn't really address the ability for a state to remove themselves from the union. However, this framework does actually address the main point of the issue Kagan brings up. State legislatures have the full authority to assign their electors however they wish.

Don't take this as me not being concerned about what is happening. I am in favor of increased democracy, of a good polyarchy, and the moves that are being made by the Republican Party are decidedly anti-democratic (and that's with a little d, mind you) and against all of the ideals the writing of our founders makes clear that they held. However, this isn't a constitutional crisis. State legislatures passing laws the way they are is decidedly within their purview as defined by Article II.

I wish people could pull their heads out of their asses and see what is happening. I truly do. But I also with Kagan and others that write these sorts of opinion pieces would realize how little they move the needle. It's just yelling into the void, honestly. Things aren't going to get better until they get worse.