President Donald Trump’s broad exerting of executive power has brought about an unprecedented constitutional discussion. Supreme Court Justice Sonia Sotomayor is among the increasing number of individuals expressing concern over the potential danger to the American system of checks and balances.

During a presentation at Miami Dade College in Florida on Tuesday, February 11, 2025, Sotomayor highlighted the importance of congressional power, stating, “Our founders were hellbent on ensuring that we didn’t have a monarchy, and the first way they thought of that was to give Congress the power of the purse.”

The administration has brought into effect a doctrine first termed “the deconstruction of the administrative state” by former Trump advisor Steve Bannon. The partnership between Trump and tech billionaire Elon Musk, appointed to head the new Department of Government Efficiency (DOGE), has resulted in significant questions about administrative control.

Constitutional expert Corey Brettschneider argues that Musk’s actions openly defy the Constitution. He states, “Under that document, Congress has the power of the purse, and the executive is charged with spending money allocated by that body.”

The administration’s use of the 1977 International Emergency Economic Powers Act (IEEPA) to enforce tariffs on major trading partners has raised concerns about stretching the law’s intent. Though the new duties on Canada and Mexico have been paused for 30 days, the president’s order would have imposed a 25 percent tariff on imports from these countries, with energy taxed at 10 percent and additional duties on Chinese goods.

Changes in federal agencies under Musk’s management have been rapid and extensive. The Consumer Financial Protection Bureau operations have been halted, the Department of Education may undergo restructuring or elimination under incoming Secretary Linda McMahon, and federal employees are facing buyouts or dismissals.

The Justice Department has also seen significant changes. The FBI has provided the Trump administration with information on 5,000 employees who worked on January 6, 2021 cases. During a recent meeting in the Oval Office, Trump expressed his expectation for “impartiality” to new Attorney General Pamela Bondi.

The actions are in line with the recommendations of Project 2025, a blueprint for Republican governance that Trump had previously denied knowledge of. The plan advocates for a shift of “enormous power” from career civil servants and administrative bodies back to the presidency.

Several legal challenges against the administration are underway. A judge in Rhode Island recently ruled that the administration violated a court order regarding federal funding freezes. Vice President JD Vance publicly questioned the extent of judicial oversight, stating, “If a judge tried to tell a general how to conduct a military operation, that would be illegal. Judges aren’t allowed to control the executive’s legitimate power.”

Sotomayor, in response, emphasized that “Court decisions stand, whether one particular person chooses to abide by them or not. It doesn’t change the foundation that it’s still a court order that someone will respect at some point.”

Despite the criticisms, House GOP Speaker Mike Johnson defended the administration’s actions, asserting, “We see this as an active, engaged, committed executive branch authority doing what the executive branch should do. This is not a usurpation of authority in any way.”

Legal experts are warning of growing tensions between the government branches. Attorney Mark Zaid told MSNBC, “Constitutional crisis may be a little bit over the top, but I think what we’re seeing is we’re on the verge of getting there. I’ve been telling so many people that we’re not even close to how bad it will be. It is going to get far, far worse.”

Sotomayor stressed the judicial branch’s crucial role in upholding constitutional limits, stating the court must “make it clear to the society, the presidents, the Congress, the people that we are doing things based on law and the Constitution as we are interpreting it fairly.”

She ended her remarks with a cautionary note about the past: “We’ve had moments where it’s been tested, but by and large, we have been a country that has understood that the rule of law has helped us maintain our democracy.”