10-02-2025, 12:42 PM
Donald Trump is busy seizing power through executive orders and letting Elon Musk and his gang of racist DOGE bros run amok through America’s government agencies. It’s an unprecedented upending of the separation of powers, an authoritarian reshaping of America.
While Trump and his henchmen deconstruct the administrative state, his lawyers are embracing the logic of dictatorship. The core argument emerging in their legal filings and executive orders — one without support anywhere in the Constitution or the law — is that simply by being elected, Trump has the power to do whatever he wants.
The issue is not the use of executive orders as such. The authority to issue them comes from Article II of the Constitution, which vests executive power in the president and requires him to “take care that the laws be faithfully executed.” Executive orders are meant to tell the executive branch how to implement existing laws. However, in part because Congress is now so routinely deadlocked, every president in the 21st century has issued scores of them that attempt to implement policies outside of the legislative process.
But executive orders aren’t laws, and the authority of presidents to issue them is not absolute. They can’t contradict or overturn existing statutes. Subsequent presidents can undo executive orders just by issuing a new executive order saying so. And federal courts have routinely struck down EOs for being unconstitutional or for exceeding the scope of the president’s authority.
When executive orders are challenged in court, government attorneys typically point to the underlying laws that give the president the authority to issue the order. Trump seems to have dispensed with that requirement, however.
Trump’s imperial ambitions have made for some laughably thin legal theories. As Just Security noted, the government’s argument in defense of Trump’s birthright citizenship EO does not reference any citizenship statutes nor point to any authority that would give Trump the right to undo birthright citizenship via the stroke of a pen. Instead, after quoting the relevant part of the Fourteenth Amendment — ”All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside” — the EO just goes on to state that it “has never been interpreted to extend citizenship universally to everyone born within the United States.”
The problem for Trump is that the Fourteenth Amendment has absolutely historically been interpreted to do just that. The EO attempts to say that “subject to the jurisdiction thereof” are magic words that have always excluded people whose parents were not citizens when they were born, but that’s nothing but a recent crackpot theory from election denier attorney John Eastman. <aaronrupar.substack.com><aaronrupar.substack.com><aaronrupar.substack.com>
While Trump and his henchmen deconstruct the administrative state, his lawyers are embracing the logic of dictatorship. The core argument emerging in their legal filings and executive orders — one without support anywhere in the Constitution or the law — is that simply by being elected, Trump has the power to do whatever he wants.
The issue is not the use of executive orders as such. The authority to issue them comes from Article II of the Constitution, which vests executive power in the president and requires him to “take care that the laws be faithfully executed.” Executive orders are meant to tell the executive branch how to implement existing laws. However, in part because Congress is now so routinely deadlocked, every president in the 21st century has issued scores of them that attempt to implement policies outside of the legislative process.
But executive orders aren’t laws, and the authority of presidents to issue them is not absolute. They can’t contradict or overturn existing statutes. Subsequent presidents can undo executive orders just by issuing a new executive order saying so. And federal courts have routinely struck down EOs for being unconstitutional or for exceeding the scope of the president’s authority.
When executive orders are challenged in court, government attorneys typically point to the underlying laws that give the president the authority to issue the order. Trump seems to have dispensed with that requirement, however.
Trump’s imperial ambitions have made for some laughably thin legal theories. As Just Security noted, the government’s argument in defense of Trump’s birthright citizenship EO does not reference any citizenship statutes nor point to any authority that would give Trump the right to undo birthright citizenship via the stroke of a pen. Instead, after quoting the relevant part of the Fourteenth Amendment — ”All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside” — the EO just goes on to state that it “has never been interpreted to extend citizenship universally to everyone born within the United States.”
The problem for Trump is that the Fourteenth Amendment has absolutely historically been interpreted to do just that. The EO attempts to say that “subject to the jurisdiction thereof” are magic words that have always excluded people whose parents were not citizens when they were born, but that’s nothing but a recent crackpot theory from election denier attorney John Eastman. <aaronrupar.substack.com><aaronrupar.substack.com><aaronrupar.substack.com>
"Let me issue and control a nation's money and I care not who writes the laws. - Mayer Rothschild
"Civil disobedience is not our problem. Our problem is civil obedience! People are obedient in the face of poverty, starvation, stupidity, war, and cruelty. Our problem is that grand thieves are running the country. That's our problem!" - Howard Zinn
"If there is no struggle there is no progress. Power concedes nothing without a demand. It never did and never will" - Frederick Douglass
"Civil disobedience is not our problem. Our problem is civil obedience! People are obedient in the face of poverty, starvation, stupidity, war, and cruelty. Our problem is that grand thieves are running the country. That's our problem!" - Howard Zinn
"If there is no struggle there is no progress. Power concedes nothing without a demand. It never did and never will" - Frederick Douglass