“some legal experts say that as a practical matter, the administration — emboldened by the justices — has already managed to eliminate job protections that have been on the books for nearly 150 years.
President Donald Trump’s drive to replace agency leaders and his mass firings across the federal government are all based on the same basic legal concept: the unitary executive theory. It holds that every employee of the executive branch is answerable to, and fireable at will by, the president.
The most extreme version of the unitary executive theory holds that the central premise of the civil service — that rank-and-file government employees shouldn’t be hired or fired for political reasons or simply on the president’s whim — is unconstitutional because it tramples on the president’s power to control the federal government.”
“it’s perfectly legal for members of Congress to visit ICE detention facilities, even unannounced. And ICE’s attempt to circumvent that requirement threatens the constitutional system of checks and balances.”
“Let’s start with the role of the courts. The idea that the judicial branch owes special deference to the elected branches of government was thoroughly rejected by the framers and ratifiers of the Constitution. “As to the constitutionality of laws,” Luther Martin told the Constitutional Convention in Philadelphia on July 21, 1787, “that point will come before the judges in their proper official character. In this character they will have a negative on the laws.” Federal judges, Martin explained, “could declare an unconstitutional law void,” thereby overruling the actions of the elected branches. None of the delegates disagreed with that.
“This Constitution defines the extent of the powers of the general government,” Oliver Ellsworth told the Connecticut Ratification Convention on January 7, 1788. “If the general legislature should at any time overleap their limits, the judicial department is a constitutional check. If the United States go beyond their powers, if they make a law which the Constitution does not authorize, it is void; and the judicial power, the national judges, who, to secure their impartiality, are to be made independent, will declare it to be void.”
James Madison, often called the “father of the Constitution,” made the same point in his June 8, 1789, speech to Congress introducing the Bill of Rights. The proper role of the courts, Madison said, was to act as “an impenetrable bulwark against every assumption of power in the legislative or executive.””
“When Trump imposed tariffs during his first term, he cited authority under other laws, like the Trade Act of 1974 and the Trade Expansion Act of 1962. At one point he threatened to invoke the IEEPA to impose tariffs on Mexican goods, but he never followed through, perhaps amid concern it would have been seen as legally dubious.
That’s because the IEEPA is typically used to impose sanctions — not tariffs — on other countries.
But Trump’s decision to use the IEEPA this time, when he’s aggressively flexing his executive authority, may be no accident: Unlike other trade laws, the IEEPA has the fewest procedural requirements and safeguards.
It gives the president the power to regulate or prohibit a broad swath of economic activity in order “to deal with any unusual and extraordinary threat” that is based largely outside the United States and concerns “the national security, foreign policy, or economy of the United States.” In the executive orders that announced the tariffs on Canada, Mexico and China, Trump invoked the opioid crisis, as well as illegal immigration from Canada and Mexico.”
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“No president has ever used the IEEPA to impose tariffs before. In fact, the IEEPA was passed as part of a broader effort by Congress in the 1970s to limit the president’s ability to exercise emergency economic powers. The framework ultimately created, however, completely fails to rein in the president, according to Timothy Meyer, a law professor and expert on international trade law. And Trump is taking advantage of that failure by pushing beyond what the Constitution intended.
“This strikes me as unconstitutional,” Meyer told me. “It’s very difficult to see how the framers would’ve thought that it was constitutional for the president to simply have the power on the drop of a hat to impose an across-the-board 25 percent tariff on our major trading partners.”
The Constitution gives Congress the authority to “lay and collect Taxes, Duties, Imposts and Excises.” Between Trump’s tariffs and his unilateral effort to halt federal spending, he has now effectively claimed that he has both taxing and spending authority — a government all his own. Congress barely even needs to exist in this framework.”
“The Office of Personnel Management has formally submitted draft regulations that would make it easier for agencies to fire career government officials who push back against presidential orders.
The move laid out in documents obtained by POLITICO on Tuesday is the latest step toward rekindling a plan initiated at the tail end of President Donald Trump’s first term to eliminate civil service protection for federal employees who play a role in policy development or advocacy.”
“Former President Donald Trump has lately been trying to distance himself from Project 2025, claiming it was cooked up by the “severe right” and that he doesn’t know anything about it.
But it turns out the severe right is coming from inside the house.
Kevin Roberts, the self-proclaimed “head” of Project 2025, has a book coming out in September — and the book’s foreword is written by Trump’s vice presidential candidate, J.D. Vance, who lavishly praises its ideas.
“Never before has a figure with Roberts’s depth and stature within the American Right tried to articulate a genuinely new future for conservatism,” Vance writes, according to the book’s Amazon page. “We are now all realizing that it’s time to circle the wagons and load the muskets. In the fights that lay ahead, these ideas are an essential weapon.”
What ideas? Like Vance, Roberts is obsessed with the idea that the left controls major American institutions — he lists Ivy League colleges, the FBI, the New York Times, the National Institute of Allergy and Infectious Diseases, the Department of Education and even the Boy Scouts of America. The book argues that “conservatives need to burn down” these institutions if “we’re to preserve the American way of life.” (Vox has requested a copy of the book, but has not yet received one at the time of this writing.)
Obviously, this poses a problem for Trump’s attempts to distance himself from the virally unpopular Project 2025 and its lengthy agenda for what he should do if he wins, which includes proposals to restrict abortion access and centralize executive power in the presidency.
And it’s one more indication that Trump’s pick of Vance might be politically problematic for him. Vance has a fascination with provocative and extreme far-right thinkers, and a history of praising their ideas. He is not a running mate tailored to win over swing voters who are concerned Trump might be too extreme — quite the opposite.
The book was written and announced before Vance was chosen as Trump’s running mate. But there’s some indication that people involved had some late second thoughts about it. It was originally announced as “Dawn’s Early Light: Burning Down Washington to Save America,” with a cover image showing a match over the word “Washington.”
More recently, though, the subtitle has been changed to “Taking Back Washington to Save America,” and the match has vanished from the cover.”
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“Project 2025 contains a multitude of proposals in its 922-page plan, not all of which J.D. Vance necessarily supports.
But he’s on record backing ideas similar to those put forth in two of Project 2025’s most controversial issue areas.
The first is abortion. Project 2025 lays out a sweeping agenda by which the next president could use federal power to prevent abortions, including using an old law called the Comstock Act to prosecute people who mail abortion pills, and working to prevent women from abortion-banning states from traveling out of state to get abortions.
Vance is on record supporting these ideas. Last year, he signed a letter demanding that the Justice Department prosecute physicians and pharmacists “who break the Federal mail-order abortion laws.” In 2022, he said he was “sympathetic” to the idea that the federal government should stop efforts to help women traveling out of their states to get abortions. That year, he also said: “I certainly would like abortion to be illegal nationally.”
At other points, Vance has struck a different tone. ““We have to accept that people do not want blanket abortion bans,” he said last December. And this month he said he supported a Supreme Court decision that allowed the abortion bill mifepristone to remain available. Here, Vance is trying to align with Trump, who — fearing political blowback — argues he merely wants abortion to be a state issue, despite his long alliance with the religious right. But Vance’s record implies his true agenda might be otherwise.
The second controversial area where Vance is sympatico with Project 2025 is centralizing presidential power over the executive branch. The project lays out various proposals to rein in what conservatives view as an out-of-control “deep state” bureaucracy — mainly, by firing far more career civil servants and installing far more political appointees throughout the government.
Vance, as I wrote last week, has backed a maximalist version of this agenda. In 2021, Vance said that in Trump’s second term, Trump should “fire every single midlevel bureaucrat, every civil servant in the administrative state, replace them with our people.” The courts would try to stop this, Vance continued, and Trump should then “stand before the country like Andrew Jackson did, and say, ‘The chief justice has made his ruling. Now let him enforce it.’”
So it’s no big surprise that Vance would write the foreword for a book by Project 2025’s architect. They fundamentally agree on how they see the world, and in much of what they want out of politics: a battle against the left for control of institutions, and expanded government power to stop abortions.”
“Donald Trump’s allies have laid out sweeping plans to reshape the executive branch of the federal government if he is returned to power, plans that involve firing perhaps tens of thousands of career civil servants and replacing them with handpicked MAGA allies.
But how far, exactly, would Trump go in trying to tear down what he calls the “deep state?” The answer hasn’t been clear.
In picking J.D. Vance as his vice president, he’s picked someone who will egg him on to go very far indeed.
“If I was giving him one piece of advice” for a second term, Vance said on a 2021 podcast:
“Fire every single midlevel bureaucrat, every civil servant in the administrative state, replace them with our people.”
That was no idle talk. To an extent unusual for a politician — and perhaps because he hasn’t been in politics very long — Vance is interested in big ideas. He’s been deeply influenced by thinkers on the movement known as the New Right, who want to seize and transform societal institutions they believe are dominated by the left.
A big part of that would involve a restored President Trump purging any resistance to him, or checks on his power, from the executive branch.”
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“As Trump was about to leave office in 2020, he finally got around to trying to do something about the supposed “deep state”: He issued an executive order known as Schedule F.
This order laid the groundwork for reclassifying as many as 50,000 career civil servant jobs as political appointees who could then be fired and replaced by Trump. He was out of office before it could be implemented, however, and Biden quickly revoked it.
There’s been much fear about Trump restoring this policy in his second term, replacing a great many nonpartisan career experts with political hacks or ideologues willing to go along with his extreme or corrupt plans.
Such a move could be implemented in any number of ways, from the more limited and less disruptive to more sweeping and very disruptive. Considering Trump has only intermittent interest in the details of policy and implementation, I’ve thought that how this plays out would depend on who staffs his administration, since he could be pulled in various directions. Advisers worried about chaos and political blowback could counsel restraint.
Vance would not do that. He would be a key voice in Trump’s administration urging him to go very big indeed.
Elsewhere in the podcast, Vance said that the courts would inevitably “stop” Trump from trying to fire so many employees. When they do, Vance went on, Trump should “stand before the country like Andrew Jackson did, and say, ‘The chief justice has made his ruling. Now let him enforce it.’”
That is: Vance urged that Trump radically remake the executive branch even if the Supreme Court said doing so was illegal.”