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What Is a Constitutional Crisis?

On May 22, 2025, the AmerikaHaus NRW hosted constitutional law expert Prof. Kimberly Wehle, J.D. for a presentation and expansive discussion about the U.S. Constitution and what it means to face a constitutional crisis. The conversation was moderated by Prof. Kirk Junker, Chair in US Law at the University of Cologne.

Prof. Wehle began her presentation by discussing the origins of American democracy, contrasting the structure of an unlimited monarchy with the democratic structure created under the U.S. Constitution. A key component of democracy is the separation of powers, designed so that each branch of government serves as a check on the other branches’ ambitions. Prof. Wehle used the analogy of “tickets for speeding” to explain how each branch is accountable for upholding the principles of the Constitution. She warned that if a U.S. president violates Constitutional provisions but does not face any “tickets for speeding”, then the president holds too much power, and this can lead to a constitutional crisis.

In Prof. Wehle’s assessment, that crisis had already arrived. She argued that the system of democratic governance in the U.S. was rupturing with Constitutional provisions, such as the right to due process, the First Amendment rights of the press, protestors, and academia, and the Federal courts’ Article III power to decide cases, being undermined. “It is not democratic backsliding,” she posited, “It’s democracy to autocracy. It’s not a slide.” She ended her presentation by emphasizing the importance of civic education, voting, and having hard conversations with people who hold different views.

Then, Prof. Junker and Prof. Wehle engaged in a dynamic conversation about the U.S. Constitution, on improving civic engagement, and what non-lawyers should know about the law. They also discussed the powerful role of money in the justice system and in politics.

The event culminated in a Q&A with the audience that included law students, faculty members, and interested citizens. The discussion revolved around the importance of civic education, holding productive civil discourse and overcoming apathy to become engaged. Prof. Wehle encouraged the audience to have conversations with their friends and family about politics and use unifying language. She said, “When people sit on the sidelines, it’s a choice. And it’s guaranteeing that you will not be part of any solution at all.” She stressed that widespread participation is essential to creating political change. “Doing nothing will definitely yield nothing. Doing something may yield something.”

The event was held in cooperation with the Cologne International Forum, the Faculty of Law, Chair of US Law at the University of Cologne and the German-American Lawyers’ Association.

This event was kindly supported by the federal foreign office. 

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