Exercise 3: Why Yeltsin's Unconstitutional Decree Prevailed Once Conflict Escalated — Possible Solution ================================================================================================================== This exercise asks you to explain why constitutional legality alone did not determine the crisis's real outcome, and what actually did. WHAT WAS FORMALLY, CONSTITUTIONALLY TRUE Yeltsin's 21 September 1993 decree dissolving the Congress of People's Deputies was, by the real terms of the constitution then in force, an act he had no legal authority to take. The Congress's own response - declaring the decree void and impeaching him - was, on paper, the constitutionally correct reaction to an unauthorized presidential action. WHY LEGALITY ALONE DIDN'T DECIDE THE OUTCOME A constitution's own rules only function if some real, effective power exists to enforce them against a violator. Once Yeltsin had already acted and the Congress had responded by declaring him impeached rather than accepting the dissolution, the dispute was no longer being settled through the constitutional text - it had become a real contest over which side could actually exercise physical control of the state. WHAT ACTUALLY DECIDED IT The real, decisive factor was military force. Yeltsin, as president, retained real command authority over the armed forces; the Congress and its deputies inside the White House did not have an equivalent independent military force of their own. When Yeltsin ordered the military to shell the White House and arrest the lawmakers on 3-4 October 1993, that command was obeyed - meaning the crisis was resolved by which side could compel real, physical compliance, not by which side had the stronger formal constitutional argument. ANSWER: Yeltsin's unconstitutional decree prevailed because a constitution's own rules only bind through some enforcement mechanism, and once the dispute escalated past the point of formal argument, real military command - which Yeltsin held and the Congress did not - became the actual deciding factor, overriding the Congress's own genuinely correct constitutional objection because legality without the real power to enforce it could not stop force being used against it. WHY THIS WORKS AS AN ANSWER ------------------------------ It separates the formal constitutional question (who was legally correct) from the real question of enforcement (who could compel compliance), explaining why the crisis's actual outcome tracked the second question rather than the first.