Vice President JD Vance wrote Sunday on X, “Judges aren’t allowed to control the executive’s legitimate power.”
Legal Experts Warn of Constitutional Crisis Amid Trump Administration’s Power Struggles
Legal and constitutional scholars warned Sunday that the U.S. could be heading toward a “constitutional crisis” after Vice President JD Vance suggested that judges lack jurisdiction over President Donald Trump’s “legitimate power.”
“If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal,” Vance wrote on X, adding, “Judges aren’t allowed to control the executive’s legitimate power.”
It’s unclear which judge or court order Vance was referring to, but his remarks come as Trump’s policies face mounting legal challenges. More than two dozen lawsuits have been filed against his executive orders, with judges temporarily blocking several key initiatives.
Legal Roadblocks and Growing Tensions
The latest court battle came Saturday when a federal judge temporarily blocked Trump and tech billionaire Elon Musk’s Department of Government Efficiency (DOGE) from accessing sensitive Treasury Department payment systems and personal data. The ruling followed a lawsuit by 19 state attorneys general.
Jamal Greene, a Columbia Law School professor, noted that while Vance’s statement wasn’t an outright call to ignore court rulings, it left room for interpretation.
“I think the tweet, taken on its own terms, is empty because it refers to the ‘legitimate powers’ of the executive. And the whole question in these cases is whether the executive is acting legitimately or not,” Greene told Family Us.
NYU Law professor Rick Pildes pointed out that under the Constitution, it is the courts—not the executive branch—that determine the legitimacy of presidential power.
“The concern is that the vice president’s statement could be taken to suggest that the Executive Branch is prepared to refuse to comply with a court order,” Pildes said. “A president who orders his officials not to comply with court rulings would be creating a constitutional crisis.”
Musk and Others Float Defying Court Orders
The fear that the administration might ignore judicial rulings has been amplified by figures in Trump’s orbit, including Musk.
On Saturday, Musk reposted a message on X questioning what options remain if judges block executive actions. In another post, he called for the impeachment of U.S. District Judge Paul Engelmayer, who ruled against DOGE’s access to Treasury data.
“A corrupt judge protecting corruption,” Musk wrote. “He needs to be impeached NOW!”
If DOGE officials were to defy the ruling and continue accessing Treasury data, experts say there would be little immediate recourse.
“The bottom line is that our system is predicated on good faith,” said Dan Urman, a Northeastern University law professor. “The courts don’t have an army, and they don’t have a huge budget. They have to rely on their legitimacy.”
A Breakdown of the System?
While courts lack direct enforcement power, Congress does have the authority to hold the executive branch accountable through impeachment. However, with Republicans controlling the government, experts say the likelihood of Trump’s own party taking such action is slim.
“If Congress isn’t willing to act, there’s not a lot that can be done,” Greene said. “That’s the moment when you’re no longer operating within a system of constitutional self-government.”
If the executive branch were to ignore judicial rulings without consequence, Greene warned, it would amount to “the raw exercise of power” rather than governance within a constitutional framework.
Urman emphasized that America’s system depends on all three branches checking one another.
“Courts cannot do all the work,” he said. “They need support from other branches and from society itself. Otherwise, the system breaks down.”
