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WSJ Opinion: Free Expression

Are We Facing a Constitutional Crisis?

WSJ Opinion: Free Expression

Gerard Baker, Editor at Large, The Wall Street Journal

Society & Culture, News

4.6591 Ratings

🗓️ 12 February 2025

⏱️ 33 minutes

🧾️ Download transcript

Summary

Donald Trump has been working at a breakneck speed during his first three weeks in office, prompting alarms from his critics that he is plunging the nation into a constitutional crisis. Many of the administration’s executive actions, including abolishing birthright citizenship, and the initiatives launched by Elon Musk and DOGE, have already faced judicial challenges. So is Donald Trump just testing the limits of his power, or is the criticism of his approach warranted? On this episode of Free Expression, constitutional law professor John Yoo tells Gerry Baker why a more active Congress would prevent Donald Trump from taking such drastic action to get things done, how the Supreme Court will factor into many of these executive orders, and which of those orders might ultimately fail.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

From the opinion pages of the Wall Street Journal, this is Free Expression with Jerry Baker.

0:08.7

Hello and welcome for Free Expression from the editorial page of the Wall Street Journal.

0:12.6

I'm Jerry Baker, editor at large of the journal.

0:14.8

Please, if you're not subscribing already, make sure you do on Spotify or Apple Podcasts,

0:19.6

or wherever you get your podcasts.

0:22.6

And if you're in the mood, please leave me a nice review. This week, well, we're just three weeks into the Trump administration.

0:27.6

And are we already in a constitutional crisis? That certainly seems to be the view of some of the

0:32.1

more alarmist commentators around. Many of President Donald Trump's early actions on multiple fronts have been challenged in the courts.

0:39.3

And in a number of cases, judges have already blocked the administration from executing its plans.

0:44.3

A number of cases on birthright citizenship for the children of migrants, on the invitations to federal employees to quit their jobs,

0:51.3

on stopping the movement of trans women to men's prisons, dismantling the

0:55.7

US Agency for International Development USAID. Perhaps most dramatically, a judge has ruled that

1:02.1

Elon Musk's Department of Government Efficiency team is ruled that they be denied access to

1:07.7

the Treasury Department's payment and data systems, obviously seen as critical

1:11.9

for their ability to do their job.

1:13.9

Now, Trump officials have pushed back, most notably Vice President J.D. Vance, who posted

1:18.3

on X last week a note that read, judges aren't allowed to control the executive's legitimate

1:24.2

power. So is this a full-blown constitutional crisis or just part of the now

1:29.5

pretty normal process of presidents testing the bounds of their legal authority? Well, to answer

1:34.2

all these questions, I'm pleased to say this week I'm joined by John Yu. Welcoming him back to the

1:39.1

program, John served in the George W. Bush administration in the Department of Justice's Office

1:43.6

of Legal Counsel, where he played an important, to some people, controversial role in the development of

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