Legal experts are concerned about a potential ‘constitutional crisis’ because JD Vance and Elon Musk are challenging courts’ power regarding Trump.
Legal experts warned on Sunday that the U.S. may be facing a serious problem with its constitution or government. This comes after Vice President JD Vance claimed that judges do not have authority over President Donald Trump’s “legitimate power.”
A judge cannot tell a general how to run a military operation because that would be against the law. Vance wrote on X that if a judge tried to tell the attorney general how to do her job as a lawyer, it would be illegal. He added that judges cannot control the lawful powers of the executive branch.
It wasn’t clear which judge or court order Vance was talking about, or if he was making a general comment. Since taking office, many of Trump’s big plans have faced court challenges.
A representative for Vance did not answer questions for more information.
Trump’s executive orders have faced more than twenty lawsuits in court, and some judges have briefly stopped several of them. In the latest legal challenge, on Saturday, a federal judge temporarily stopped Trump and tech billionaire Elon Musk’s Department of Government Efficiency from accessing secret Treasury Department payment systems and people’s personal data after 19 state attorneys general sued the administration.
Jamal Greene, a professor at Columbia Law School, noted that Vance didn’t directly say the Trump administration was planning to ignore court decisions.
“I believe the tweet doesn’t say much because it talks about the ‘real powers’ of the executive.” “The main question in these cases is whether the executive is acting in a proper way,” Greene told NBC News.
“[Vance] has some support in that way,” Greene added. “He hasn’t promised to do anything illegal.”
Rick Pildes, a professor at NYU’s Law School, noted that Vance mentioned “legitimate powers” in his post. However, he emphasized that it’s the court that decides what a president can or cannot do legally.
The judges decide if the use of executive power is legal according to the law and the Constitution. “That’s the important point,” Pildes said in an email.
“The worry is that the vice president’s statement might lead people to think that the Executive Branch is ready to ignore a court order because the president believes he has a power that the courts say he doesn’t.” If a president tells his officials not to follow court decisions, it could lead to a serious problem for the constitution.
Greene noted that some people close to Trump, like Musk, have suggested ignoring court orders.
On Saturday, Musk shared a post on X from someone who said, “I don’t like the example it sets when you ignore a court ruling, but I’m curious about what other choices the judges are giving us.”
Greene said, “Considering the situation surrounding Vance’s post, it looks like he might be hinting that ignoring a court order could be an option.”
In another post on X, Musk suggested that U.S. District Judge Paul Engelmayer should be impeached. This came after the judge ruled on Saturday that DOGE workers can’t access Treasury Department data for now.
“Musk wrote, ‘A dishonest judge is shielding wrongdoing.'” “He should be impeached right away!”
If DOGE workers keep accessing sensitive Treasury Department data, Engelmayer would have few options to respond.
“Our system relies on trust, but the government must follow court decisions according to the law in America,” said Dan Urman, a law professor at Northeastern University, in an interview with NBC News.
“It would definitely cause some kind of crisis,”
“The main point is that the executive would be acting outside the law if it did that,” Greene said. “The way to address that within the constitution is through impeachment.”
Currently, Republicans are in control of all parts of the federal government, so it’s unlikely they will try to impeach and remove the president from their own party.
“If Congress isn’t taking action, there’s not much anyone can do,” Greene said. “That’s when you’re no longer following a system of self-rule under the constitution.”
Greene said that if the executive branch ignores the judicial branch, it would be a clear abuse of power. He added that if Congress does nothing or fails to stand up for its rights, it would mean the system is failing.
Urman emphasized the need for three equal branches of government in the American political system, arguing that courts alone cannot effectively manage all aspects of society.