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Consider This from NPR

Are we in a constitutional crisis?

Tue, 11 Feb 2025

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President Trump's blizzard of executive orders has run into a snowplow of legal challenges. There are dozens of cases challenging the White House's actions. Judges all over the country have found that the White House acted illegally.The challenges, and the rulings, continue to pour in. But Trump's team is punching back. After a judge blocked Elon Musk's DOGE team from accessing personal data and other Treasury department systems, Musk referred to him as "a corrupt judge protecting corruption" and called for his impeachment.Vice President JD Vance made the controversial claim on Sunday that quote, "judges aren't allowed to control the executive's legitimate power." Comments like these suggest Trump's circle may be willing to ignore court orders and defy judicial authority.So what happens if the executive branch ignores the judicial branch? Is that a constitutional crisis? Is the United States already in one?For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.orgEmail us at [email protected] more about sponsor message choices: podcastchoices.com/adchoicesNPR Privacy Policy

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Transcription

Chapter 1: What legal challenges is Trump's administration facing?

0.129 - 19.996 Ari Shapiro

President Trump's blizzard of executive orders has run into a snowplow of legal challenges. There are dozens of cases challenging the White House's actions, and judges all over the country have found that the White House acted illegally. Here's just a few examples. On immigration, several judges have blocked Trump's order ending birthright citizenship.

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20.456 - 43.056 Ari Shapiro

On the federal workforce, a judge blocked the offer encouraging government employees to resign. On transgender rights, a judge blocked the Trump administration from moving trans women to federal prisons for men. There are also rulings that block the dismantling of USAID, the administration's freeze on federal grants, and more. The challenges and the rulings continue to pour in.

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43.797 - 73.046 Ari Shapiro

And Trump's team is punching back. After a judge blocked Elon Musk's Doge team from accessing personal data and other Treasury Department systems, Musk referred to the judge as, quote, And Vice President J.D. Vance made the controversial claim on Sunday that, quote, That echoes something he said in 2021 on the podcast Jack Murphy Live.

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73.366 - 88.077 J.D. Vance (quoted)

I think that what Trump should do, like if I was giving him one piece of advice, fire every single mid-level bureaucrat, every civil servant in the administrative state, replace them with our people. And when the courts, because you will get taken to court, and when the courts stop you,

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88.607 - 94.051 J.D. Vance (quoted)

stand before the country like Andrew Jackson did and say the chief justice has made his ruling, now let him enforce it.

94.431 - 102.297 Ari Shapiro

On Monday, in an interview with radio host Mark Levin, President Trump criticized judges for wanting to, quote, tell everybody how to run the country.

102.497 - 109.842 Mark Zandi

Judges should be ruling. They shouldn't be dictating what you're supposed to be doing. And Why is somebody saying that you're not allowed to?

110.122 - 135.152 Ari Shapiro

These comments suggest that Trump's circle may be willing to ignore court orders and defy judicial authority. That authority is enshrined in Article 3 of the U.S. Constitution. Quote, the judicial power shall extend to all cases in law and equity arising under this Constitution. A Rhode Island federal judge believes the Trump administration may already be ignoring the court.

136.641 - 160.088 Ari Shapiro

On Monday, Judge John McConnell Jr. wrote that the administration defied a temporary restraining order by continuing to improperly freeze federal funds. The Trump administration argues that it acted in good faith to interpret the scope of the restraining order and it has appealed the ruling. Consider this. Is the U.S. facing a constitutional crisis?

Chapter 2: How is Trump's team responding to judicial rulings?

692.488 - 714.3 Ari Shapiro

That is University of Virginia Law Professor Amanda Frost. Thank you so much. You're welcome. This episode was produced by Mark Rivers and Elena Burnett and was edited by Courtney Dorning and Nadia Lancey. Our executive producer is Sammy Yenigan. It's Consider This from NPR. I'm Ari Shapiro.

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