What Private Citizens Can Do When Faced With a Constitutional Crisis
On day one, the Trump administration began with a blatantly unconstitutional order to end birthright citizenship, and on April 14 they openly defied a court order to return a wrongly deported El Salvadoran man back to the United States.
Regarding Trump’s defiance of court orders, I received this email from an ACLU supporter. He wrote: “I know you all are on top of this, but to me this is maybe more important than most other things they are doing because it heads toward that constitutional crisis business. Other than supporting ACLU, is there anything private citizens can do on this front?”
As we survey the damage of the first 100 days of the Trump presidency, I am sure this question is also on your mind. My main message is that none of this is normal. This constitutional crisis is unfolding on many fronts, and all of it demands our unrelenting vigilance and courage.
The executive branch itself is abusing its power and removing the internal controls within federal agencies in violation of the constitution. Trump boasts about the court rulings in his favor, and yet frequently denigrates the judges or defies the decisions of the courts that seek to hold him accountable. Meanwhile, the current Congress has ceded its power as a co-equal branch of government by permitting Trump to single-handedly close agencies created by Congress and deny funds appropriated by Congress.
Frederick Douglass said, “The law on the side of freedom is of great advantage only when there is power to make that law respected.” When the power of so many parts of government is aligned against that freedom and in defiance of our constitution, there is one answer. Now more than ever, you are that power.
And you are not alone. Working together and using all the strategies available to us, Americans are mounting our own defense of freedom and the constitution.
First, continue to speak up and speak out. Through all the channels you have, raise your voice in opposition to these policies, call out the abuses of power, and speak for our shared values of democracy, equality, and freedom. Especially at a time when the administration is trying to silence—or even deport—its critics, continue to use your voice.
Second, join with others to protest. Earlier this month, I attended the Hands Off protest in Oakland, one of hundreds of events organized throughout the nation. The event was energizing, the hand-made signs were creative, but most of all, the show of force and collective power sent a powerful message to our fellow Americans that we will defend this democracy.
Third, donate as generously as you can to the vital organizations on the frontlines. We deeply appreciate your support of the ACLU, and we will do our part to litigate these cases to the fullest and use all our advocacy tools. And we encourage you to donate to grassroots organizations, direct legal service providers, and other advocacy and legal organizations. ACLU depends on these partners and networks nationwide.
Fourth, make the most of the mid-term elections. In the design of our system of government, elections for every member of the House of Representatives every two years were meant to be the surest check on abuses of power. In whatever way you choose, make a plan to vote in the mid-term elections in 2026.
Finally, do not “acquiesce in advance.” These simple words are the title of the opening chapter of Timothy Snyder’s On Tyranny. In whatever role or position you have, as a person, citizen, or leader of any organization, do not cede your rights or power in advance to authoritarian rule. While many law firms and universities have acquiesced, we also see many with the courage to stand up. Now is the time to stand up.
What we are facing is truly unprecedented—but there are lessons from our history.
When John Adams targeted his political opponents with the newly enacted Alien and Sedition Acts, the next Congress repealed at least the Sedition Act (but left the Alien Enemies Act for us to deal with). When Attorney General Palmer deported immigrants en masse for their viewpoints after World War I, the ACLU was founded in 1920 to respond and defend the rights of all people.
I won’t give you false reassurance or promises. What I can say is I am confident in all of us and our ability to mount a powerful response. Be the power on the side of freedom.
Abdi Soltani is executive director of the ACLU of Northern California
