The federalist

Dems: It’s Only A ‘Constitutional Crisis’ When Trump Does It

The⁣ article discusses the controversy surrounding Elon Musk’s ‌involvement‍ in government efficiency reforms, particularly in the context of his delegated authority from a democratically elected ‍president to address⁢ bureaucratic‌ waste. Democrats have raised alarms about ⁣a potential “constitutional crisis” as they perceive Musk’s actions as overreach, despite his being elected by​ voters to serve‌ in this ​capacity.Prominent Democratic figures like Senators Andy Kim, Cory Booker, and Elizabeth Warren express concerns that ⁣Musk’s efforts might undermine judicial ​authority, especially since ‌their party⁢ has ⁤previously utilized executive ‍power to advance its agenda without significant pushback.

Democrats are currently waging legal battles⁣ against the ‌Trump governance, arguing that Musks’ ‍unhindered activities could lead to further erosion of⁣ checks and ‌balances.They have introduced legislative⁣ measures such as ⁢the “Nobody Elected Elon Musk Act” ⁢to express their discontent. The article⁢ highlights the irony in their stance, as their own use of executive ⁣power under President​ Biden and‌ previous Democratic administrations is acknowledged, suggesting that the current perceived crisis stems​ from the ⁢Democrats’ earlier actions to empower the administrative state. Ultimately,the piece argues that ​the constitutional crisis framing stems from the Democrats’⁢ concern over losing control amid significant reforms in government operations.


Elon Musk is no less elected than any one of the thousands of federal bureaucrats who’ve exploited the administrative state to circumvent Congress and unilaterally implement new laws from the executive branch for decades. But when Musk — now deputized by the democratically elected president to rein in the leviathan of an unchecked bureaucracy — embarks on his crusade to eliminate wasteful spending, Democrats suddenly claim the nation is on the verge of a “constitutional crisis.”

“We are at a point where we are basically on the cusp of a constitutional crisis,” Sen. Andy Kim, D-N.J., said on NBC’s “Meet the Press” on Sunday.

Sen. Cory Booker, D-N.J., said the same thing that night.

“We really do have a constitutional crisis,” Booker said in response to a question about whether Trump might triumph over activist judges.

“We’ve got our toes right on the edge of a constitutional crisis here,” said Sen. Elizabeth Warren, D-Mass., on MSNBC one day later.

“That’s the new buzzword,” Fox News host Kayleigh McEnany said this week, with Musk’s unelected status seemingly at the heart of Democrats’ complaints. House Democrats even introduced the “Nobody Elected Elon Musk Act” on Monday as lawmakers fume outrage over the tech entrepreneur’s recent moves to gut taxpayer waste from unaccountable agencies.

“It may be the case that Donald Trump is so full of confidence that he thinks he can wave his wand, and whatever he wants to happen will happen,” Senator Warren said on prime-time television on Monday night. “And particularly, Elon Musk would like nobody to notice that he just wants to get rid of them before he launches his new financial product.”

Democrats are desperate for the courts to stop the newly elected administration from delivering on the mandate given by voters after the president campaigned with Musk on a platform of government efficiency.

“In recent days dozens of lawsuits have been filed against the Trump administration by Democrat attorneys general and various left-wing groups. These groups have carefully selected their venues, ensuring the lawsuits come before rabidly anti-Trump activist judges,” reported Federalist Senior Editor John Davidson. “So far, the tactic seems to be working. As of this past weekend, eight different rulings from the federal bench have temporarily halted the president’s executive orders.”

But Democrats are concerned their latest round of lawfare targeting their political opponents in the executive branch may not work in every case.

“My view right now is the courts are where we are hanging on to our constitutional structure,” Warren said. “They still have the power to hold everybody else in this country in contempt if they do not follow lawfully issued court orders.”

The Massachusetts senator, however, was eager to “commend” Biden on circumventing judicial blocks on student debt payments characterized as “forgiveness” when Democrats controlled the White House.

“Let me be very clear, President Biden has the legal authority to cancel student-loan debt,” Warren said in 2023, accusing legal efforts to derail the payments as “baseless.”

President Joe Biden bragged about his success in circumventing the judicial branch on student loans months later.

“Early in my term, I announced a major plan to provide millions of working families with debt relief for their college student debt,” Biden said at a speech in California. “And the Supreme Court blocked it. But that didn’t stop me.”

Nor did the courts stop Biden from engaging in all kinds of executive overreach, with unelected bureaucrats passing new rules such as strict emissions standards and agency censorship of American speech.

While Democrats used Congress’s vague laws to expand the federal government’s role under the executive branch, Musk is merely using them to shrink the agencies as a presidential designee. The proliferation of the administrative state upheld by activist judges is the constitutional crisis Democrats themselves created.


Tristan Justice is a national correspondent for The Federalist and the co-author of “Fat and Unhappy: How ‘Body Positivity’ Is Killing Us (and How to Save Yourself).” He has also written for The Washington Examiner and The Daily Signal. His work has also been featured in Real Clear Politics and Fox News. Tristan graduated from George Washington University where he majored in political science and minored in journalism. Follow him on Twitter at @JusticeTristan or contact him at [email protected]. Sign up for Tristan’s email newsletter here. Buy “Fat and Unhappy” here.



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