What We’re Watching - 3/21/25
With so much going on, it is understandable for people to feel news whiplash. To help our partners stay focused and find the signal in the noise, we are happy to share what we are tracking:
The Main Point: As the Trump Administration works to implement policies across many issue areas – including reducing the size of government, restricting immigration, and cracking down on campus protests – it has engaged in several actions that have raised serious constitutional questions from both sides of the aisle.
Examples:
Failure to comply with judicial orders – The Trump Administration did not adhere to a judge’s ruling that ordered planes deporting undocumented Venezuelan immigrants to return to the U.S., drawing pointed critiques from some Trump supporters. President Trump, Elon Musk, and several Republican members of Congress have defended the refusal to comply, denounced the judge, and called for his impeachment. This response, which directly challenges the foundational democratic principle of judicial independence, has led to threats of violence against the judge and prompted the Chief Justice of the Supreme Court to deliver a rare rebuke of the President.
Potential violations of civil liberties – The Trump Administration ordered the arrest of Mahmoud Khalil, a Columbia University student and lawful permanent resident, and is attempting to deport him for his role in anti-Israel protests at Columbia University. These actions may violate Mr. Khalil’s free speech and due process rights. (If you haven’t yet, please check out our explainer and deep dive to learn more.)
Attempts to exercise wartime powers without Congressional consent – President Trump signed an executive order invoking a wartime law, the Alien Enemies Act, to enforce domestic immigration policies. Historically, this law has only been invoked in a time of war, a state that is exclusively determined by Congress. The Chamberlain Network, a leading veterans group, has decried this development, arguing that it undermines the rule of law and politicizes the military.
Why This Matters: While President Trump has not openly rejected these guardrails, he is taking actions that incrementally erode Constitutional processes and principles. Even if no single act crosses a Constitutional “red line,” in the aggregate these acts weaken restraints on Presidential power.
Read more from the What We’re Watching archives:
