The Trump Executive Orders as “Radical Constitutionalism”

Source: Executive Functions
by Bob Bauer & Jack Goldsmith

“Why do so many of President Trump’s multitudinous executive orders fly in the face of extant legal principles? Are they the result of incompetence? Is the administration laying the groundwork for test cases in an effort to expand executive power in the Supreme Court? Below we assess a third possibility: the administration doesn’t care about compliance with current law, might not care about what the Supreme Court thinks either, and is seeking to effectuate radical constitutional change. The third possibility sounds histrionic, which is not our usual posture. But it appears to be the view of Trump’s nominee to head the Office of Management and Budget, Russell Vought, who is one of Trump’s ‘most influential advisers,’ who will be voted on for confirmation in the Senate soon, and who will play a central role in Trump’s executive orders, if he hasn’t already.” [hat tip — Damon Linker] (02/04/25)

https://executivefunctions.substack.com/p/the-trump-executive-orders-as-radical