The only institution capable of responding to this with any alacrity is Congress. But Congress is also led by Republicans, and both the Senate majority leader, John Thune, and the speaker of the House, Mike Johnson, have declined to take any steps to arrest the president’s illegal arrogation of power or Musk’s destructive effort to run the federal government. Thune and Johnson, acting with the support of Republicans in both chambers, have, in effect, renounced their power over the purse and abnegated their powers of oversight. Their Congress is supine, submissive and subordinate, less the equal of the president than a tool of the executive branch — a subject of his will.
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Somewhere, King Charles I is jealous.
To describe the current situation in the executive branch as merely a constitutional crisis is to understate the significance of what we’re experiencing. “Constitutional crisis” does not even begin to capture the radicalism of what is unfolding in the federal bureaucracy and of what Congress’ decision not to act may liquidate in terms of constitutional meaning.
Together, Trump and Musk are trying to rewrite the rules of the American system. They are trying to instantiate an anti-constitutional theory of executive power that would make the president supreme over all other branches of government. They are doing so in service of a plutocratic agenda of austerity and the upward redistribution of wealth. And the longer Congress stands by, the more this is fixed in place.
If Trump, Musk and their allies — like Russell Vought, the president’s pick to lead the Office of Management and Budget and a vocal advocate of an autocratic “radical constitutionalism” that treats the president as an elected despot — succeed, then the question of American politics won’t be if they’ll win the next election, but whether the Constitution as we know it is still in effect.
If Trump and Musk’s opponents have a tool to use, it is the power to shape public opinion — to show as many of the American people who will listen that something truly malign and radical has hijacked the normal functioning of the federal government. And it is to the advantage of those opponents that Trump and Musk’s efforts to commandeer the executive branch are taking shape side by side with serious accidents — like the deadly airplane crash near Ronald Reagan National Airport last week — that dramatise the importance of a competent, apolitical civil service.
For as much as some of Trump’s and Musk’s moves were anticipated in Project 2025, the fact of the matter is that marginal Trump voters — the voters who gave him his victory — did not vote for any of this. They voted specifically to lower the cost of living. They did not vote, in Musk’s words, for economic “hardship”. Nor did they vote to make Musk the co-president of the United States or to give Trump the power to destroy the capacity of the federal government to do anything that benefits the American people. They certainly did not vote for a world where the president’s billionaire ally has access to your Social Security number.
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Trump may have lied about the influence of the far right on his plans, but it is clear that his voters did not anticipate anything other than a return to the status quo before the pandemic. What they’re getting instead is a new crisis pushed on by a dangerous set of corrupt oligarchs and monomaniacal ideologues. As dangerous as the president and his allies are, however, their hold on government is not as total or complete as they imagine. The president’s opponents, in other words, still have room to manoeuvre.
But as those opponents strategise their response, it is vital that they see the important truth that there is no going back to the old status quo. Trump and Musk really have altered the structure of things. They’ve taken steps that cannot be so easily reversed. If American constitutional democracy is a game, then they’ve flipped the board with the aim of using the same pieces to play a new one with their own boutique rules.
And so the president’s opponents, whoever they are, cannot expect a return to the Constitution as it was. Whatever comes next, should the country weather this attempted hijacking, will need to be a fundamental rethinking of what this system is and what we want out of it.
Anything less will set us up for yet another Trump and yet another Musk.
Jamelle Bouie is a New York Times columnist.
This article originally appeared in The New York Times.
