Literally illegal and extraconstitutional
"The leaders refused to succumb to the efforts of Mr. Marocco & the [DOGE] team, overseen by Elon Musk, to assume control of their functions, dismiss staff members and install Mr. Marocco as the acting leader." HE CANNOT BE AN ACTING LEADER. NO STATUTE PERMITS IT. www.nytimes.com/2025/03/06/u...
Marshals Escort DOGE Team Into African Aid Agency
A day earlier, U.S. African Development Foundation workers had refused entry to Department of Government Efficiency workers and the State Department official in charge of foreign aid.
www.nytimes.com
March 7, 2025 at 1:50 PM
Literally illegal and extraconstitutional
It’s also very possible it’s a “press here to immediately end your term in exciting extraconstitutional ways” button.
October 20, 2025 at 1:56 AM
It’s also very possible it’s a “press here to immediately end your term in exciting extraconstitutional ways” button.
the judicial coup has to end, and as it’s being carried out by extraconstitutional means, it can be ended by extraconstitutional means if necessary
June 3, 2026 at 2:22 AM
the judicial coup has to end, and as it’s being carried out by extraconstitutional means, it can be ended by extraconstitutional means if necessary
The President is now collecting imperial tribute outside the U.S. Treasury to be dispensed in an extraconstitutional manner (which allows him to further arrogate powers given to Congress by the Founders)
??? Apparently Venezuela oil revenues will go into “offshore accounts” outside of the US Treasury, PBS reports.
January 7, 2026 at 9:27 PM
The President is now collecting imperial tribute outside the U.S. Treasury to be dispensed in an extraconstitutional manner (which allows him to further arrogate powers given to Congress by the Founders)
the response from liberal civil society and dem political elites to Trump’s usurpation of extraconstitutional powers has been total capitulation but for reasons which are beyond my ability to comprehend, trump is using those powers to aggressively collapse his own base of support
Authoritarianism is a very real threat, but everything the administration is doing is making it more difficult for them to consolidate power. However, the opposition has to mobilize in full force and present a clear alternative if it is to succeed.
March 28, 2025 at 8:07 PM
the response from liberal civil society and dem political elites to Trump’s usurpation of extraconstitutional powers has been total capitulation but for reasons which are beyond my ability to comprehend, trump is using those powers to aggressively collapse his own base of support
Tired: The power of the purse, Senate confirmation
Wired: Begging for favors from an unelected, unappointed, and unconfirmed oligarch exercising extraconstitutional powers
Wired: Begging for favors from an unelected, unappointed, and unconfirmed oligarch exercising extraconstitutional powers
The constitutional order does not include Congress asking an unelected, unappointed oligarch if it can help craft policy.
www.cnn.com/2025/03/05/p...
www.cnn.com/2025/03/05/p...
March 6, 2025 at 3:12 PM
Tired: The power of the purse, Senate confirmation
Wired: Begging for favors from an unelected, unappointed, and unconfirmed oligarch exercising extraconstitutional powers
Wired: Begging for favors from an unelected, unappointed, and unconfirmed oligarch exercising extraconstitutional powers
whole ass extraconstitutional violent takeover of the government and we are just still going to Zoom calls
we’re like frogs being boiled, i swear
we’re like frogs being boiled, i swear
May 12, 2025 at 8:50 PM
whole ass extraconstitutional violent takeover of the government and we are just still going to Zoom calls
we’re like frogs being boiled, i swear
we’re like frogs being boiled, i swear
A policy can’t be extraconstitutional if I like the outcome
February 9, 2025 at 2:20 PM
A policy can’t be extraconstitutional if I like the outcome
The only real way to have no kings is to neutralize (via court expansion) those who happily gave the king his extraconstitutional powers
October 18, 2025 at 4:11 PM
The only real way to have no kings is to neutralize (via court expansion) those who happily gave the king his extraconstitutional powers
Stephen Miller was neither elected by the governed, nor was he confirmed by Congress, nor is he a civil servant, yet he seems to be the unitary executive.
The constitutional crisis is extraconstitutional.
The constitutional crisis is extraconstitutional.
January 24, 2026 at 11:30 PM
Stephen Miller was neither elected by the governed, nor was he confirmed by Congress, nor is he a civil servant, yet he seems to be the unitary executive.
The constitutional crisis is extraconstitutional.
The constitutional crisis is extraconstitutional.
"what if extralegal or extraconstitutional action, or even constitutional hardball" is something which makes their monocles pop out
February 28, 2025 at 10:00 PM
"what if extralegal or extraconstitutional action, or even constitutional hardball" is something which makes their monocles pop out
As it currently stands, we are not *functionally* a constitutional democracy. Trump is in office despite the 14th Amendment banning him from being so. And the most practically powerful figure in government right now is an entirely extraconstitutional "special government employee."
February 5, 2025 at 3:35 PM
As it currently stands, we are not *functionally* a constitutional democracy. Trump is in office despite the 14th Amendment banning him from being so. And the most practically powerful figure in government right now is an entirely extraconstitutional "special government employee."
i love it when conservatives make death threats in law professor voice. oh if you respond to the extraconstitutional removal of the Reconstruction Amendments from the Constitution with hardball, we will act extraconstitutionally again
there's a constitutional remedy for insurrection: a gun
there's a constitutional remedy for insurrection: a gun
September 1, 2026 at 9:03 PM
i love it when conservatives make death threats in law professor voice. oh if you respond to the extraconstitutional removal of the Reconstruction Amendments from the Constitution with hardball, we will act extraconstitutionally again
there's a constitutional remedy for insurrection: a gun
there's a constitutional remedy for insurrection: a gun
Yeah it would have been better if they actually ended their period of extraconstitutional governance early by getting Congress to impeach/remove, ideally like the next day. But they figured the situation was under control, nothing more needed to be done.
July 3, 2026 at 11:38 PM
Yeah it would have been better if they actually ended their period of extraconstitutional governance early by getting Congress to impeach/remove, ideally like the next day. But they figured the situation was under control, nothing more needed to be done.
Truly the silliest articles right now are the ones that ask "How will the US defeat the autocratic alliance???" while ignoring the fact that an extraconstitutional regime currently rules the US.
October 7, 2025 at 4:47 PM
Truly the silliest articles right now are the ones that ask "How will the US defeat the autocratic alliance???" while ignoring the fact that an extraconstitutional regime currently rules the US.
Using his powers to extract tribute from foreign countries, "donors," etc. and then using those extraconstitutional slush funds to bypass the Constitution and the rule of law. Literally the opposite of originalism and a profound threat to the continuation of constitutional democracy in this country.
$550 billion in Japanese funding.
Directed by the President.
Outside Congress’s control.
My new @justsecurity.org piece explains how the agreement bypasses the Appropriations Clause and violates the laws that safeguard Congress’s power of the purse.
www.justsecurity.org/123478/trump...
Directed by the President.
Outside Congress’s control.
My new @justsecurity.org piece explains how the agreement bypasses the Appropriations Clause and violates the laws that safeguard Congress’s power of the purse.
www.justsecurity.org/123478/trump...
Trump’s Japan Deal and the Disappearing Appropriations Clause
The deal circumvents the Appropriations Clause and congressional safeguards, creating a system answerable only to the White House.
www.justsecurity.org
October 31, 2025 at 2:44 AM
Using his powers to extract tribute from foreign countries, "donors," etc. and then using those extraconstitutional slush funds to bypass the Constitution and the rule of law. Literally the opposite of originalism and a profound threat to the continuation of constitutional democracy in this country.
I don't really care whether he goes on a rocket on not. It certainly won't "shut me up" over the extraconstitutional powers he's been exercising over our government.
March 12, 2025 at 1:55 PM
I don't really care whether he goes on a rocket on not. It certainly won't "shut me up" over the extraconstitutional powers he's been exercising over our government.
Musk’s legacy is of extraconstitutional destruction, an irreversible government brain drain, and a spree of massive corruption the scale of which is still unknown. https://trib.al/xnoMlaD
Elon Musk’s Reign of Terror Is Only Just Beginning
His “departure” from the government is anything but.
trib.al
June 5, 2025 at 9:38 PM
Musk’s legacy is of extraconstitutional destruction, an irreversible government brain drain, and a spree of massive corruption the scale of which is still unknown. https://trib.al/xnoMlaD
Oldham (Trump) did not dissent. He voted to give the president extraconstitutional powers, in violation of his oath of office.
September 3, 2025 at 2:41 AM
Oldham (Trump) did not dissent. He voted to give the president extraconstitutional powers, in violation of his oath of office.
Just staggered by this faux savvy analysis. Don't they see the problem with giving in on <checks notes> the Constitution to a vengeful autocrat? Do they imagine Trump will be easier to stop when he has extraconstitutional powers?
February 5, 2025 at 1:02 AM
Just staggered by this faux savvy analysis. Don't they see the problem with giving in on <checks notes> the Constitution to a vengeful autocrat? Do they imagine Trump will be easier to stop when he has extraconstitutional powers?
A direct line can be drawn from Nixon, Reagan, Bush to Trump. They were all allowed to govern with extraconstitutional impunity. Their worst crimes are now being visited upon all of us.
August 25, 2025 at 12:34 PM
A direct line can be drawn from Nixon, Reagan, Bush to Trump. They were all allowed to govern with extraconstitutional impunity. Their worst crimes are now being visited upon all of us.
He tried to sack the US Capitol!!! He had more corruption scandals than ant president in history!!! He’s trying to start a war with Canada and Denmark!!! He’s made the richest man on earth his lawless extraconstitutional bag man!!!
February 3, 2025 at 4:02 PM
He tried to sack the US Capitol!!! He had more corruption scandals than ant president in history!!! He’s trying to start a war with Canada and Denmark!!! He’s made the richest man on earth his lawless extraconstitutional bag man!!!
like, in the short term, we protect who we can from this fascist regime. but the prospect of an extraconstitutional resolution to this presidency seems to be getting less and less likely
December 29, 2025 at 1:59 AM
like, in the short term, we protect who we can from this fascist regime. but the prospect of an extraconstitutional resolution to this presidency seems to be getting less and less likely
ICE sees itself as an extraconstitutional authority, unbound by law, funded by a pot of money which, by virtue of having been named by Trump, is under his control and untouchable by Congress.
Rep. Angie Craig: "We were told because this facility is being funding by the 'Big Beautiful Bill,' not the congressional appropriations act, that we would not be allowed to enter the facility. That's complete nonsense ... I informed them they were violating the law. They said they didn't care."
January 10, 2026 at 9:46 PM
ICE sees itself as an extraconstitutional authority, unbound by law, funded by a pot of money which, by virtue of having been named by Trump, is under his control and untouchable by Congress.
the elimination of chevron deference is the formalization of this new, extraconstitutional regime of total judicial primacy over executive agencies' delegated legislative power
the through-line is that if the legislature uses its authority to delegate its lawmaking power to an agency under the executive, that power is exercised only at the whim of the super-legislative court, a power it has simply invented for itself from the stolen powers of the other two branches
the important thing in the supreme court's reversal of the bump stock ban, aside from the upcoming pile of dead children, is that it is a direct continuation of this illegitimate court's clawing away of the powers of the legislature and the executive for itself. no delegated power is safe
June 28, 2024 at 5:56 PM
the elimination of chevron deference is the formalization of this new, extraconstitutional regime of total judicial primacy over executive agencies' delegated legislative power