‘… that’s also illegal’: JD Vance melts down over judicial oversight of the executive branch

Vice President J. D.Vance wants the executive branch to have unchecked power in America as he challenges judicial oversight.

The checks and balances system in the government has become more important than ever since Donald Trump retook office. Within days of his inauguration, he began pushing the limits of his power, expressing interest in dismantling government departments and freezing foreign and domestic funds. Trump cannot do either, as an act of Congress is required to abolish a department. Additionally, he cannot seize or dictate funds that Congress has already allocated. He also appointed Elon Musk, an unelected private citizen, to manage the government’s budget. Musk has used his role as an excuse to access federal pay systems, student loan information, classified government information, and much more. Many politicians have classified his unchecked raid of the U.S. government as illegal and unconstitutional.

Fortunately, the government’s system of checks and balances was created for a scenario like this, allowing other branches to step in and prevent abuse of power. The judicial branch has played a vital role in checking Trump’s power, including blocking his attempted freeze on domestic foreign aid. Most recently, a judge ordered to halt Musk’s illegal access to the U.S. Treasury. However, this act seems to have struck a nerve with Vance.

J. D. Vance questions the government’s checks and balances

On February 7, federal judge Paul Engelmayer, New York Attorney Letitia James, and several other state attorneys general successfully challenged and blocked Musk’s access to the U.S. Treasury. The challenge arose after reports confirmed Musk and his DOGE employees had gained access to sensitive federal pay systems that manage the flow of trillions of dollars and gave him access to millions of Americans’ private information, including tax returns, Social Security benefits, and more. James and 18 state attorney generals banded together to file a lawsuit deeming Musk’s access unlawful and unconstitutional. Judge Engelmayer sided with the attorneys general, halting Musk’s access and ordering him and DOGE to destroy any data they downloaded from the payment systems.

While the order was a victory for those who have been anxiously waiting for someone to challenge Musk, one is mistaken if they think Trump’s administration will give up that easily. In a swift act of political retribution, Trump revoked James’ security clearance. Meanwhile, Vance penned a post attacking the judicial branch’s authority. He wrote, “If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal. Judges aren’t allowed to control the executive’s legitimate power.”

Vance’s post is surprising as it demonstrates either a blatant disregard for or a complete misunderstanding of the basic government structure. The judicial branch absolutely has the power to question the executive branch and check its power. One of its primary functions is monitoring the executive branch to determine if its laws or actions are unconstitutional. However, Vance’s post now suggests that the checks and balances system doesn’t apply to Trump. The Vice President of the United States, who should know how the government works, is openly suggesting judges don’t have the power to challenge Trump’s authority.

Sadly, it’s not very surprising that Vance is already questioning the judicial branch’s oversight. The legislative branch faces challenges in carrying out its checks and balances since Republicans have the majority in Congress. Its refusal to challenge Trump was quite evident when the Senate began confirming his controversial cabinet picks. Hence, it’s almost solely down to the judicial branch to try to stop Trump from, essentially, doing whatever he wants. It’s unclear how long that will last, though, with the Vice President already melting down over the judicial branch exercising its authority. His meltdown strongly suggests what many have expected of MAGA, which is that they want Trump to function not as a president in a democracy but as a king in an absolute monarchy.