Elon Musk’s government efficiency (DOGE) and other court orders restricting the actions of the Trump administration are causing a public showdown against important constitutional questions: What are the legitimate powers of the administrative department?
Before Doge cuts wasteful programs and focuses on the agency as a whole, judges make progress by issuing temporary restraint orders in response to lawsuits from groups distributed to Democrats and state attorney general. I’m delaying it. , that the court may have stepped over its role.
“If a judge tries to tell the general how to carry out a military operation, that’s illegal,” Vance said. I wrote it X. “If a judge attempts to order the Attorney General about how he uses his discretion as a prosecutor, that is also illegal.”
“The judges are not permitted to control the legitimate power of executives,” he continued.
Judge Paul Engelmeyer temporarily It’s blocked Political appointees, including Elon Musk and his Department of Government Efficiency (DOGE), have allowed only “civil servants” to use the information from access to Treasury records on Saturday.
Hans von Spakovsky, a senior legal fellow at the Edwin Meese III Center for Legal and the Center for Justice Studies at the Heritage Foundation, said that there is no “such a distinction” between federal law political appointees and civil servants in the Daily Caller News Foundation. He said.
“The administrative body is run by the president and his appointees, and the judges have no power to abolish the constitutional authority over the enforcement department,” he said. Moreover, it is outside the power of federal judges and fundamentally unconstitutional in order to prevent the President and his appointees from gathering information about how the department is run. ”
If a judge attempts to tell the general how to carry out a military operation, it is illegal.
If a judge attempts to order the Attorney General about how he uses his discretion as a prosecutor, that is also illegal.
Judges are not permitted to control the legitimate power of executives.
– jd vance (@jdvance) February 9, 2025
Engelmeyer’s decision was quickly met with the call of each of the bullets, include From Musk.
“In that face you can read the orders to cover all political leaders within the Ministry of Finance. Discussed On Sunday, he asks the court to “disband, clarify or amend” the order.
“This is a prominent invasion of the administrative sector that is directly opposed to Article II of the Constitution and the unified structure it provides,” they continued. (Related: Federal judges are threatening Trump administrators with criminal charges spending freezing, or were once a major DEM donor)
Von Spakovsky said DCNF Engelmeyer’s order was “the worst by an incompetent, interfering, partisan judge, who behaves as if he thinks that the voters are the president of the United States, not the elected man. “It’s a kind of judicial abuse.”
There is literally no part of this that corresponds to a constitutional crisis.
It’s not even nearby
The fact that you guys keep calling it makes me wonder which country’s constitution you are reading. https://t.co/qn4kopksja
– Mike Lee (@basedmikelee) February 9, 2025
The fight over the Access Treasury records is not the only way judges are slowing down the Trump administration’s efforts.
US District Judge Carl Nichols issued a temporary one order On Friday, Blocking plans to deploy thousands of US development agencies to international development employees. Appeal On Monday, the administration was not fully compliant.
Reagan-appointed Judge John Corneau while Trump’s executive order issued holds on Thursday to eliminate birthright citizenship defendant Trump believes that “the rule of law is nothing more than a hindrance to his policy goals.”
“So friction, what is the legitimate power of executives?” Ilya Shapiro, a senior fellow at the Manhattan Institute and director of the Constitutional Research Department, has not insisted that Vance ignores judicial orders. He told DCNF that he was calling for thinking about the wrong decision.
“I think there have been some overreach in these sentences,” Shapiro said. “Some of the rulings are very thin in terms of precedents and other authorities they cite. For example, a judge from a couple who has awarded birthright citizenship has plausible claims to support Trump’s position. It sounds like it’s not going to happen. And it’s simply not true. There’s an aggressive academic fight over these issues.”
John J. McConnell Jr., the Supreme Court Justice of the U.S. District Court in Rhode Island, discovered Monday that the Trump administration violated his previous order to block a freeze on federal spending. director Officials “recovering frozen funds immediately” could suggest that they did not comply. Before becoming a judge, McConnell gave hundreds of thousands of people to the Democrats.
“If the court actually intrudes inappropriately into how administrative agencies work, that order is not appropriate,” Josh Blackman, a constitutional law professor at South Texas Law Houston, told DCNF. Ta.
Responding to questions on Sunday about the ruling that obstructed the Trump administration, House Attorney Speaker Jim Jordan told CNN that Trump could make a call. Constitutional Law“Enforcement power is given to the president.”
“This is the fundamental difference we have on the left,” he said. “The left thinks, ‘Yeah, it’s the career experts who make the decisions.’ That’s not how our country works. It is the man who votes his name and is elected “Our People.” ”
Several liberal scholars on Monday in the New York Times, claiming that Trump’s actions created a “constitutional crisis,” characterising efforts to make the federal government more efficient as “lawless.” Similarly, the American Bar Association has been published. statement Monday said Trump’s actions were “opposed to the rule of law.”
Former federal prosecutor Andrew McCarthy I wrote it On Monday, during a national review that a temporary order from a judge will not end all of Trump’s efforts, which are likely to ultimately reach the Supreme Court.
“Undoubtedly, there are progressive judges (mainly President and Biden) who are philosophically sympathetic to argue that the president is interfering with the secure and professional management of an administrative nation. Executive Agency is a business “We’re doing it,” he writes. “But most of the time, what we see is the normal impact of lawsuits, slowing down government actions.”
At this point, judges are raising “critical questions” that delay the process, McCarthy said.
“It’s going to be frustrating for the President, but our system is designed to frustrate because we fear focusing too much power in one hand. said.
All content created by the Daily Caller News Foundation is an independent, nonpartisan newswire service that is free to use for legitimate news publishers that can provide large audiences. All republished articles must include logos, reporter signatures and DCNF affiliation. For questions regarding our guidelines or partnerships with us, please contact licensing@dailycallernewsfoundation.org.
