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Opinion|Trump Dares the Courts to Stop Him
https://www.nytimes.com/2025/02/13/opinion/trump-constitutional-crisis.html
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The Editorial Board
Feb. 13, 2025, 5:03 a.m. ET
The editorial board is a group of opinion journalists whose views are informed by expertise, research, debate and certain longstanding values. It is separate from the newsroom.
The U.S. Constitution established three branches of government, designed to balance power — and serve as checks on one another. That constitutional order suddenly appears more vulnerable than it has in generations. President Trump is trying to expand his authority beyond the bounds of the law while reducing the ability of the other branches to check his excesses. It’s worth remembering why undoing this system of governance would be so dangerous to American democracy and why it’s vital that Congress, the courts and the public resist such an outcome.
Among legal scholars, the term “constitutional crisis” usually refers to a conflict among the branches of government that cannot be resolved through the rules set out in the Constitution and the system of checks and balances at its heart.
Say, a president who openly disregards the 22nd Amendment’s two-term limit and asserts a right to remain in office indefinitely.
But there’s no need to get ahead of ourselves. Right now, in February 2025, only weeks into President Trump’s second term, he and his top associates are stress-testing the Constitution, and the nation, to a degree not seen since the Civil War.
A partial list would include flouting the express requirements of multiple federal laws, as though Congress were an advisory board and not a coequal branch of government. It would include feeding entire agencies into the “wood chipper” (their words), an intentionally gory metaphor for the firing of thousands of civil servants without the legally mandated congressional approval. It would include giving an unelected “special government employee” access to the private financial information of millions of Americans, in violation of the law. And it would include issuing an executive order that purports to erase one of the foundational provisions of the Constitution on Mr. Trump’s say-so.
There is also reason to fear that powers that solely rest with the president, and therefore don’t raise direct constitutional concerns, are being abused in ways that weaken the constitutional order. His mass pardon of Jan. 6 rioters, for instance, is technically legal, but it both celebrates and gives license to anyone who wishes to engage in violence to keep Mr. Trump in power.
