Constitutional norms, the unwritten rules governing American governance, are foundational to the nation’s stability and the legal protections afforded to its citizens.

The American founders deliberately crafted a Constitution with inherent ambiguities, trusting future leaders to uphold informal boundaries and principles of good faith, restraint, and compliance to ensure the system functioned effectively.

Throughout history, these norms have often reasserted themselves, as seen in instances like Lincoln’s post-war measures, FDR’s retreat from court-packing, Nixon’s resignation, or the Iran-Contra fallout, demonstrating a historical capacity for self-correction.

Not all norms are sacred; some, like Senate “courtesy” that impeded civil rights, rightly require reform. However, a critical distinction lies between thoughtful reform to promote equality and the systematic discarding of norms for short-term partisan gain, which ultimately hollows out constitutional governance.

Prominent legal figures like Conservative Judge J. Harvie Wilkinson and Supreme Court Justice Elena Kagan have recently underscored the perilous nature of defying judicial authority, warning that such actions erode public trust and undermine the very essence of the rule of law.

The framers’ assumption of leader restraint, once a strength, now appears a profound vulnerability. If bypassing established processes, defying court orders, or punishing a free press becomes routine, the informal rules of the Constitution cease to exist, jeopardizing the independence of essential institutions.

What hangs in the balance is not abstract institutional dignity but the tangible ability of Americans to rely on fundamental legal protections. Can courts effectively curb government overreach? Will prosecutors remain truly independent? Will journalists continue to report uncomfortable truths without fear of reprisal?

The erosion of these vital constitutional norms leaves citizens more exposed to governmental abuses that the Constitution was explicitly designed to prevent, transforming law into mere political expediency and allowing the presidency to potentially escape its foundational constraints.

While presidential overreach is not unprecedented, the current era presents uncharted territory for American democracy, characterized by the systematic nature of norm violations and the alarming emergence of political incentives that reward, rather than penalize, such behavior.