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A Constitutional Crisis? [1]

['German Lopez']

Date: 2025-02-07

In the United States, Congress, the president and the courts are supposed to keep an eye on one another — to stop any one branch of government from becoming too powerful. President Trump is showing us what happens when those checks and balances break down.

The president can’t shut down agencies that Congress has funded, yet that’s what Trump did, with Elon Musk’s help, to the U.S. Agency for International Development. The president can’t fire inspectors general without giving lawmakers 30 days’ notice, but Trump dismissed 17 of them anyway. Congress passed a law forcing TikTok to sell or close, and the courts upheld it, but Trump declined to enforce it. “The president is openly violating the law and Constitution on a daily basis,” said Brendan Nyhan, a political scientist at Dartmouth College.

In doing so, Trump has called the bluff of our constitutional system: It works best when each branch does its job with alacrity. Trump’s opponents are filing lawsuits, but courts are slow and deliberative. They can’t keep up with the changes the White House has already implemented. Congress could fight back, but the Republican lawmakers in charge have shrugged, as my colleague Carl Hulse reported. Senator Thom Tillis of North Carolina conceded that what the administration is doing “runs afoul of the Constitution in the strictest sense.” But, he said, “nobody should bellyache about that.”

As a result, most of Trump’s actions stand unchecked. Today’s newsletter looks at why — and where things could go next.

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[1] Url: https://www.nytimes.com/2025/02/07/briefing/a-constitutional-crisis.html

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