The political situation in the U.S. is escalating. Last week, the authoritarian President Donald Trump deployed military troops to California to quell protests against the immigration authorities, ICE. Shocking images, such as the forced removal of California’s Democratic Senator Alex Padilla from a press conference, were seen around the world.

Over the weekend, Trump attended a military parade in the capital, Washington, on his birthday—highly unusual for the U.S., even though the military was celebrating its 250th anniversary on the same day. At the same time, resistance is growing among the population, not only in Los Angeles. On Saturday, massive protests took place in over 2,000 cities across the country under the slogan “No King.”

Can the U.S. still be saved from a complete authoritarian takeover by Trump and his movement?

We asked constitutional law expert Anthony Michael Kreis what is happening right now and what matters most at this point. Kreis is a professor at Georgia State University and is critically following the upheavals on Bluesky, among other places.

This interview has also been translated into German.

„Strategic chaos“

netzpolitik.org: In Germany, many people are watching in disbelief at what is happening with one of their most important allies, a country long considered a stable democracy. How would you describe what has happened in your country over the last few months?

Anthony Kreis: The best thing I can describe it is “strategic chaos.” The Trump Administration has been working in overdrive to dismantle institutions and decimate the federal government – often contrary to law – and they are taking positions which are deeply offensive to the constitution. Unfortunately, there have been so many attacks on the Constitution and American democracy that it is hard to keep track.

netzpolitik.org: As we’ve seen in recent weeks: Donald Trump has deployed National Guard troops and Marines in California to quell protests. Is there any precedent for that, and what does the law say about the domestic use of armed forces?

Anthony Kreis: The use of federal troops or the federalized National Guard is exceptionally rare – especially because the local officials did not ask for support. Under American law, it is not permissible to use federal troops to enforce civilian laws. They can protect federal buildings and officers, but usually, that is a measure of last resort. The fact that the president wants to use troops on American streets so cavalierly suggests to me that this is more about a show of strength and not about enforcing the law and keeping the peace – which non-military personnel should be able to do, given the relatively isolated nature of the problem compared to peaceful protesters.

„People need to protest and vote“

netzpolitik.org: If the goal was to deter civil society from dissent, it seems to have failed: we’ve seen massive „No King“ protests all around the country last weekend, even in the wake of the politically motivated assassination of a Democratic lawmaker in Minnesota. How healthy is the state of the U.S. civil society right now, and how powerful can protests be in effecting change?

Anthony Kreis: American democracy is at a real low point right now. The threats of political violence, disrespect for the rule of law, and attempts to gut democratic institutions show how dire things are. Protests, of course, can help galvanize the public and encourage people to get involved in the political process. But ultimately, people need to protest and vote. It will take long-term, serious engagement from millions of Americans to turn the page on this latest chapter of American democratic backsliding.

netzpolitik.org: Voting only works if there are consequences. But it seems that Congress isn’t putting any kind of meaningful pressure on Trump. Is this a problem caused by the US constitutional system or a political problem?

Anthony Kreis: We often talk about the three branches of government as having checks and balances on each other. But it’s historically been more a question of separation of parties, not separation of powers. So long as Republicans control Congress and the Supreme Court, there will be less institutional resistance from the legislative branch and the judiciary. It would take a real turn in events where Trump loses popularity among Republicans for that to happen. Otherwise, there’s a lot riding on the 2026 elections for Democrats. That’s their one real opportunity to stop the bleeding.

„The rule of law is under threat“

netzpolitik.org: Have the Democrats already pulled all the available levers, or do they have any options left?

Anthony Kreis: They have very few options, other than raising public awareness and shaping public opinion. So far, they haven’t done a terribly good job with that.

netzpolitik.org: Okay, so until the 2026 elections, the Supreme Court will have the final say on most of these matters. So far, its decisions have been a mixed bag for the Trump administration. But Trump continues to push through apparently illegal orders – whether it’s the domestic use of military or ending constitutionally guaranteed birthright citizenship. We’ve already seen him ignore Supreme Court decisions. Is the U.S. already in a constitutional crisis?

Anthony Kreis: Everyone will define “constitutional crisis” differently. For me, it’s a moment when the rule of law is under threat, and those in power try to change rules and institutions outside of a legitimate process— in other words, arbitrary and unstable governance. That has been the state of affairs in America since January. I’d say we are in a constitutional crisis.