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Outrage after JD Vance claims judges are not allowed to check executive power

Vice-president accused of threatening constitution after saying judges have no right to restrain president’s agenda

Via The Guardian / February 10, 2025


Article III of the US constitution confers a power known as judicial review, which gives federal judges the authority to rule on cases involving the president, as well as other branches of government.

Vance’s comments drew widespread criticism.

Daniel Goldman, a Democratic representative from New York, responded on X: “It’s called the ‘rule of law’. Our constitution created three co-equal branches of government to provide checks and balances on each other (‘separation of powers’).

“The judiciary makes sure that the executive follows the law. If you do, then you won’t have problems.”

Quinta Jurecic, a fellow at the Brookings Institution thinktank, told the New York Times: “What Vance’s wording suggests is that the executive could potentially respond to a court order by saying to the court, ‘You’re unconstitutionally intruding on my authority and I’m not going to do what you say.’

“At that point, the constitution falls apart.”


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