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American democracy and government—after 240 years—is finally on the verge of collapsing and being replaced by something very much like Vladimir Putin’s Russia or Viktor Orbán’s Hungary.
So, U.S. Vice President JD Vance is now saying that he and President Donald Trump don’t have to obey federal judges, tweeting, “judges aren’t allowed to control the executive’s legitimate power.” This is how autocrats run things; it’s an extraordinarily dangerous moment.
It was Tuesday, July 17, 1787, and the men writing the Constitution had convened in Philadelphia to debate the separation of powers between the Congress, the presidency, and the courts. They drew their inspiration for that day from French philosopher Charles de Montesquieu, whose 1748 book The Spirit of the Laws had taken the New World and the Framers of the Constitution by storm.
In it, Montesquieu pointed out the absolute necessity of having three relatively coequal branches of government, each with separate authorities, to prevent any one branch from seizing too much power and ending a nation’s democracy. In The Spirit of Laws, he laid it out unambiguously:
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty… Again, there is no liberty, if the judiciary power be not separated from the legislative and executive.
As the topic of the separation of powers was being debated at the Constitutional Convention that day 29 years after Montesquieu’s book had been published, “Father of the Constitution” James Madison rose to address the delegates:
If it be essential to the preservation of liberty that the legislative, executive, and judiciary powers be separate, it is essential to a maintenance of the separation, that they should be independent of each other...
In like manner, a dependence of the executive [president] on the legislature would render it the executor as well as the maker of laws; and then, according to the observation of Montesquieu, tyrannical laws may be made that they may be executed in a tyrannical manner.
He [Montesquieu] conceived it to be absolutely necessary to a well-constituted-republic, that the two first should be kept distinct and independent of each other… for guarding against a dangerous union of the legislative and executive departments.
If the president were ever to dictate all terms to the Congress, which then became a compliant rubber stamp regardless of how excessive or even illegal the president’s actions became, that, Madison said, “may justly be pronounced the very definition of tyranny.”
We’re there now.
In simplified form, the system Madison and his compatriots came up with that summer gave the power to create and fund government agencies (including the federal court system) to Congress (Article I), the first among equals.
The responsibility of the president was to “take care that the laws be faithfully executed” (Article II, Section 3 of the Constitution); in other words, to manage the institutions of government envisioned, authorized, and funded by Congress.
And the role of the Article III Courts was to make sure neither overstepped their authority, and independently arbitrate disputes between them. Their decisions must be final for the system to work.
This is more correctly defined as a war against America and our system of government than mere politics.
However, as a result of a 44-year-long effort by morbidly rich American oligarchs to corrupt our government to their own gain (the so-called Reagan Revolution, President George W. Bush, Trump, 1,500 radio stations, three television networks, multiple newspapers and other publications, over 200 television stations, hundreds of billions spent to purchase and then elect politicians), all of this American democracy and government—after 240 years—is finally on the verge of collapsing and being replaced by something very much like Vladimir Putin’s Russia or Viktor Orbán’s Hungary.
The GOP-controlled Congress has, in both houses, become a pathetic rubber stamp for whatever billionaires, Trump, Elon Musk, and industries like fossil fuels, crypto and tech, and banks want.
The president is nakedly breaking laws and daring both Congress and the courts to do anything about it.
And now JD Vance claims Trump can do whatever he wants and ignore the courts. (Only federal marshals can enforce federal court orders, but they work for Attorney-General Pam Bondi and Donald Trump.)
That is the very definition of a constitutional crisis.
And Republicans on the Supreme Court facilitated the entire corrupt deal by legalizing political bribery in 2010 with their billionaire-funded Citizens United decision.
As a result, every Republican and most Democrats are terrified of Elon Musk or some other billionaire destroying them in the next primary election. The result has been legislative gridlock, a paralysis of the legislative branch.
Going a step farther, Trump has authorized a drug-abusing, Putin-conversing, government-contracting billionaire—his single largest donor who probably was responsible for him becoming president—to access the private information of every American citizen and corporation, dismantle entire agencies created and funded by Congress, and stop multiple investigations into his own business practices.
This is more correctly defined as a war against America and our system of government than mere politics.
A war that must be absolutely delighting America’s enemies, particularly Russia’s Putin and China’s Xi Jinping. Especially now that Musk is calling for the shutdown of the Voice of America that both Putin and Xi hate as much as they both hated USAID.
But it even goes beyond that. Trump and Musk are rapidly moving America—with their attacks on the press, voting, and truth itself—toward the kind of authoritarian police state that several of the men Trump appears to love have established.
Further defying the Constitution, Trump has empowered the richest man in the world to attack and possibly destroy multiple federal agencies that were, just coincidentally of course, investigating his businesses:
Musk’s $277 million investment to get Trump elected—legalized by five corrupt Republicans on the Supreme Court—has, so far, paid off well.
Welcome to Madison’s “very definition of tyranny.”
Now that Republicans control Congress and have surrendered their authority to Trump, the last bulwark against the president converting himself into the sort of monarch we fought the Revolutionary War against is the Supreme Court, which will probably begin weighing in over the next few weeks.
And, in the face of this, the vice president is arguing that he and the president should feel free to ignore court orders.
This attack on our republic represents the most dangerous moment America has experienced since the Civil War.
Neither the Supreme Court nor Congress are entirely capable of ignoring public opinion: It’s vital we all reach out to our elected officials (particularly Republicans) to demand they reclaim their rightful role in our republic and speak out against this illegal, unconstitutional power grab.
It’s also crucial to make our opinions known in every way and every venue possible.
If America is to retain any fidelity whatsoever to our Constitution that was written and survived more than two centuries’ investment of blood and treasure, it’s time to raise absolute holy hell.
"We will not stand by and allow the impact that dismantling the Department of Education would have on the nation's students, parents, borrowers, educators, and communities."
U.S. Sen. Bernie Sanders on Thursday led five members of Congress in a warning against the Trump administration's plan to "unilaterally dismantle" the Department of Education and demanded answers from the acting head of the agency about recent moves "to put federal workers on administrative leave, coerce employees into leaving their jobs, provide access to students' sensitive data, and illegally freeze vital funding."
"Over the course of two weeks, the Trump administration issued sweeping executive orders and sought to broadly and illegally freeze federal financial assistance," the lawmakers—Sanders (I-Vt.), Sen. Patty Murray (D-Wash.), Sen. Tammy Baldwin (D-Wis.), Rep. Bobby Scott (D-Va.), and Rep. Rosa DeLauro (D-Conn.)—wrote in a letter to acting Education Secretary Denise Carter.
"Federal employees have been targeted, in some cases for simply following the law. Elon Musk is attempting to shut down the work of entire agencies while gaining access to some of the federal government's most far-reaching and sensitive data systems. Media reports indicate a similar effort may be underway at the Department of Education," the lawmakers noted.
The letter continues:
The Department [of Education] has been a target of President [Donald] Trump and his unelected advisers since even prior to his inauguration. And recently, the department has put workers on administrative leave for attending trainings promoted by former Secretary Betsy DeVos, once touted among results achieved by the department, and coerced employees into leaving their jobs. Workers at the department—like those across the government—have been made to fear their jobs will be reclassified so that they lose employment protections. Some staff from the entity referred to as the Department of Government Efficiency have reportedly gained access to internal department data systems, including financial aid systems that include personally identifiable information on millions of students. These actions appear to be part of a broader plan to dismantle the federal government until it is unable to function and meet the needs of the American people.
"We will not stand by and allow this to happen to the nation's students, parents, borrowers, educators, and communities," the lawmakers stressed. "Congress created the department to ensure all students in America have equal access to a high-quality education and that their civil rights are protected no matter their ZIP code."
"We urge you to provide information on the steps the department is taking to ensure the continuity of programs that Americans depend on, the ability of the department to effectively administer programs for their intended purposes without waste, fraud, and abuse, and the safeguards in place to protect student data privacy," the legislators added.
Specifically, the letter asks for a list of officials "who have been granted access to personally identifiable or sensitive information," an "explanation of all steps the department has taken to protect" such data, the names of "all individuals placed on administrative leave or terminated" since Trump took office and all department communications to such employees, and confirmation that the department "has not frozen, paused, impeded, blocked, canceled, or terminated any awards or obligations since January 20."
The lawmakers' letter came on the same day that nearly 100 Democratic members of the House of Representatives wrote to Carter requesting a meeting to discuss "reports that the Trump administration has plans to illegally dismantle or drastically reduce" the Department of Education via executive order.
Both letters came ahead of next week's scheduled Senate confirmation hearing for Linda McMahon, a top fundraiser for Trump's campaign whom the president subsequently nominated for education secretary. McMahon—a billionaire who led the Small Business Administration during Trump's first term—is expected to face tough questions from Democratic senators about what one campaigner called her "documented history of enabling sexual abuse of children and sweeping sexual violence under the rug" during her tenure as World Wrestling Entertainment CEO.
The very future of the Department of Education is uncertain, as Trump has repeatedly vowed to abolish the agency, which was established during the administration of President Jimmy Carter in 1979.
"I told Linda, 'Linda, I hope you do a great job and put yourself out of a job,'" Trump quipped earlier this week.
"Just like he didn't create USAID, he's not gonna destroy it," said Rep. Jamie Raskin.
Several Democratic members of Congress were denied entry to the headquarters of the United States Agency for International Development on Monday, after giving a press conference on the attempted takeover of USAID by President Donald Trump and his adviser, billionaire businessman Elon Musk.
Federal law enforcement officers blocked the delegation, including Rep. Don Beyer (D-Va.), from entering the offices. Beyer later said the moves were "illegal and corrupt and we will keep fighting it."
The Democrats had just finished speaking about the events of this past weekend, when employees of the Department of Government Efficiency( DOGE), the advisory body Trump appointed Musk to lead, demanded that security officials at USAID hand over confidential files. The officials were placed on administrative leave when they refused, along with dozens of other senior federal workers at the agency.
On Monday, as the Democratic delegation prepared to respond to the Trump administration's actions, Secretary of State Marco Rubio announced that he was now the acting director of USAID, which assists with disaster recovery, poverty alleviation, and other foreign aid operations.
The Democrats had a simple message at the press conference, where more than 100 demonstrators gathered holding signs reading, "USAID Must Be Saved" and "Today USAID. What's Next?" The agency was created by an act of Congress in 1961, when the Foreign Assistance Act was passed, and only Congress can dismantle it.
"Elon Musk, you didn't create USAID, the U.S. Congress did for the American people," said Rep. Jamie Raskin (D-Md.) "And just like he didn't create USAID, he's not gonna destroy it."
"Just like the president... cannot impound the money of the people," added Raskin, "we don't have a fourth branch of government called Elon Musk, and that's going to become real clear."
Raskin: "Elon Musk, you may have illegally seized power over the financial payments systems of the Treasury, but you don't control the money of the American people. The US Congress does that under Article 1 of the Constitution ... we don't have a fourth branch of government… pic.twitter.com/aqdY7Q4OQW
— Aaron Rupar (@atrupar) February 3, 2025
The members of Congress were refused entry to the agency headquarters after staffers were advised on Monday morning to stay out of the building, where yellow police tape blocked the lobby.
As Common Dreamsreported, Musk said Monday that he had checked with President Donald Trump "a few times" about the future of USAID, and the president allegedly directed him to shut it down.
Raskin condemned "murmurings of support for this outrageous, scandalous, illegal maneuver" that he said he had heard from some Republican colleagues, with supporters saying the administration is simply "evaluating" the agency's work.
"I've heard from multiple constituents working in USAID that they have removed all evaluations from the USAID website," said Raskin. "This has nothing to do with evaluations, this is about termination and obliteration of the major foreign aid programs of the United States of America."
At a separate press briefing, Sen. Andy Kim (D-N.J.) told reporters Monday morning that security guards at USAID had "been given specific orders to prevent employees of USAID from entering the building today."
"I went inside and tried to speak to the acting administrator [Jason] Gray," he said, referring to the official who Rubio has reportedly replaced. "Unfortunately I was not able to meet with him, and I'm going to continue to try... I want to hear straight from him, are these the orders that he gave? ...This is no way to govern, this is no way to treat public servants, and this is no way for us to conduct foreign policy as a country."
Before attempting to enter USAID, Beyer said Musk's takeover of the agency is "a case of the very worst among us attacking the best of us," noting that agency employees work to prevent the spread of infectious disease around the world and in the U.S., among other foreign aid missions.
"What Trump and Musk have done is not only wrong, it is illegal," said Beyer. "Stopping this will require action by the courts and Republicans to show up and show courage and stand up for our country."
"I'm urging my fellow Democrats to use every legislative tool we have at our disposal to slow down and stop this crime from succeeding," he added.
After being blocked from entering USAID, Sen. Chris Van Hollen (D-Md.) toldThe New York Times that the lawmakers were working to secure an injunction to block Musk's order to keep the offices closed.
With Republicans controlling both chambers of Congress, the Democrats' path to fighting Musk and Trump over USAID is likely through the court system. Last week, the Office of Management and Budget's order for all federal grants and loans to be frozen was temporarily blocked by two federal judges.
Sen. Brian Schatz (D-Hawaii), also part of the delegation that went to USAID, emphasized that the takeover was "a bluff."
"They are counting on some sense of inevitability," he said. "It is a harmful killer bluff, but they don't have the law on their side, and so every civil servant, every contractor, every individual who is scared, stand in solidarity with each other."