Today’s political climate is that of a disintegration of democracy, according to constitutional expert Sujit Choudhry. In his most recent publication, which is in part a book chapter out of a title called, “Constitutional Democracies In Crisis?” Choudhry expounds on what Eric Holder called an “absolute red line” for the incoming administration, which would be the termination of White House special counsel Robert Mueller (works.bepress.com).
Eric Holder, who was the previous attorney general for the Obama Administration, also tweeted to his followers that if something like this were to occur then he would recommend peaceful demonstrations to ensue. After Choudhry dissected Holder’s tweet, He noted that his call to action was based on two core concepts.
These would include the idea of a “red line”, which he noted is a conceptual constitutional boundary in American politics. The other important concept that Choudhry notes would be the fact that Eric Holder adroitly asserted that the matter of whether power was being abused should be left up to the American people.
In light of Holder’s tweets, Dr. Sujit Choudhry also raises the concern of autocrats in government. He notes that it is acceptable constitutional policy that each and every administration must serve a total of just two terms. However, an autocrat might be tempted to subvert that time-tested policy and attempt to serve more than two terms, simply by declaring a national emergency. Choudhry Also notes other “red lines” that could be crossed, including an unconstitutional seizure of power such as a coup d’etat, or a case of blatant electoral fraud.
Another example that Choudhry notes would be Poland’s Law and Justice party, which recently won a legislative majority in the Polish parliament. They are already taking steps to eliminate any opposition to their nationalist ideology and ensure success in all future Polish election cycles.
To make a long story short, Choudhry believes that both of these “red lines” in Poland and America are very similar. Naturally, He has concern for both situations.
About Sujit Choudhry
Sujit Choudhry is an I. Michael Heyman Professor of Law at the University of California in Berkeley. He also is a widely recognized expert on constitutional law throughout the world, check law.nyu.edu.
Keep up with Choudhry at https://twitter.com/sujit_choudhry