These three categorizations help show what a constitutional crisis could look like, but it’s not entirely clear how they apply to the situation at hand. Whittington, Levinson and Balkin all agree that the notion of a constitutional crisis implies some acute episode—a clear tipping point that tests the legal and constitutional order. But how do we know this presidency isn’t just an example of the voters picking a terrible leader who then leads terribly? At what point does a bad president doing bad things become a problem of constitutional magnitude, let alone a crisis of constitutional magnitude? Indeed, it’s hard to see a crisis when the sun is still rising every day on schedule, when nobody appears to be defying court orders or challenging the authority of the country’s rule-of-law institutions, and when a regularly scheduled midterm election—in which the president’s party is widely expected to perform badly—is scheduled for a few months from now. What exactly is the crisis here?

Another problem with thinking about America’s current woes as a constitutional crisis involves the question of what comes next. That is, assume for a moment we are in some kind of constitutional crisis. So what? What exactly flows from that conclusion? Normally, constitutional conclusions imply certain prescribed outcomes. When a president is impeached, for example, the Senate must hold a trial to determine whether he or she should be removed from office. When serving a second term, a president is not allowed to run for a third term. But if one concludes that we are going through a constitutional crisis, what happens next? The label doesn’t carry any obvious implication, let alone an action item. If it has value, its value is descriptive. It carries cultural and emotional weight but not much else.

Still another problem with the term is that the duration of the crisis is not clear. Does a constitutional crisis take place over days, weeks, or longer? Must it threaten in the immediate term to blow things up if it doesn’t blow over or get resolved through some other process? (Think of the Cuban Missile Crisis, only in domestic constitutional terms.) Or can a constitutional crisis also take place in slow motion?

There’s a better term for what is taking place in America at this moment: “constitutional rot.”

Constitutional rot is what happens, the constitutional scholar John Finn argues, when faith in the key commitments of the Constitution gradually erode, even when the legal structures remain in place. Constitutional rot is what happens when decision-makers abide by the empty text of the Constitution without fidelity to its underlying principles. It’s also what happens when all this takes place and the public either doesn’t realize—or doesn’t care.

Balkin used the same phrase immediately after the firing of James Comey to describe what he saw as “a degradation of constitutional norms that may operate over long periods of time.” Comey’s firing was startling, he argued, but not a constitutional crisis in and of itself. The real constitutional change lay in the slow corruption of public trust in government that had brought Americans to this point.