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The Constitutional Crisis Is Here

The Atlantic

www.theatlantic.com › politics › archive › 2025 › 02 › trump-musk-congress-constitution › 681568

Sometimes a constitutional crisis sneaks up on you, shrouded in darkness, revealing itself gradually. Other times it announces itself dramatically. Elon Musk, to whom Donald Trump has delegated the task of neutering the congressional spending authority laid out in Article I of the Constitution, could hardly be more obvious about his intentions if he rode into Washington on a horse trailed by Roman legions.

“This is the one shot the American people have to defeat BUREAUcracy, rule of the bureaucrats, and restore DEMOcracy, rule of the people,” Musk wrote at 3:59 a.m. today on his social-media platform. “We’re never going to get another chance like this. It’s now or never. Your support is crucial to the success of the revolution of the people.” Here is Musk, as proxy for Trump, casting himself as a revolutionary force and embodiment of the popular will, demanding extraordinary powers to fight some unstated emergency.

Why, exactly, is eliminating these programs right this very instant so important? If, as Musk says, they are teeming with waste and fraud, presumably Congress could pass legislation to reduce or eliminate the problem, and if that were to fall short, it could try again later. Instead, Musk cites a vague crisis that requires suspending normal operations and concentrating power in his own hands. According to various reports, he is holed up in the Eisenhower Building with a small team of young engineers who possess neither government experience nor the authority to question his impulsive judgments, on the hunt for Marxist plots lurking within long-standing federal programs.

[Jonathan Lemire: Elon Musk is president]

The situation exposes a well-known flaw in the design of the Constitution. The Founders, famously, failed to anticipate the rise of political parties. They assumed that each branch of government would jealously guard its own powers, and thus check the others. But political parties created a different incentive system, in which members of the legislative branch can see their role as essentially employees of the president. Trump, who has convinced the Republican base that his interests are indistinguishable from the party’s and transposed his overbearing Apprentice boss persona onto his relations with co-partisans in Congress, is exploiting these incentives more than any other president in history.  

In theory, Congress ought to revolt against the prospect of Musk deciding which federal programs should live and which should die. In reality, its members largely share Trump’s goals—and to the extent that they don’t, they correctly fear that opposing him would invite a primary challenge. What’s more, this particular constitutional crisis has an inherent partisan asymmetry. If Trump and Musk succeed in taking the power of the purse from Congress, they will effectively reset the rules of the game in favor of the right. Congress’s spending powers would be redefined as setting a ceiling on spending, but not a floor. A world in which the president could cut spending without exposing Congress to accountability would hand small-government conservatives the opportunity to carry out policies they’ve long desired but been too afraid to vote for.

And so, although a handful of conservative intellectuals, including the budget wonk Brian Riedl of the Manhattan Institute and the law professor and former Bush-administration lawyer Jack Goldsmith, have described Musk’s ambitions as unconstitutional, most of the establishment right has cheered him on or stayed quiet. Senator Thom Tillis of North Carolina conceded that Musk’s project might not be strictly constitutional, but nonetheless told the news site NOTUS that “nobody should bellyache about that.”

Making things even more disturbing is the chaotic legal gray area in which Musk is operating. Musk and his team are working in secret, without hearings or public debate. According to Wired, they gained access to the Treasury Department’s federal payment system, shoving aside the long-time staffer overseeing it and ignoring its safety protocols. Democrats suspect that Musk is breaching numerous federal laws, but without any oversight, it is hard to tell precisely what he is doing. In any case, Musk might not have much reason to care about following the law. Trump has already made plain, by issuing mass pardons and commutations for the January 6 insurrectionists, that he will protect illegal conduct on his behalf.

Meanwhile, Musk has adopted Trump’s habit of deeming opposition to his actions inherently criminal. He has called the United States Agency for International Development, a decades-old program with support in both parties, a “criminal organization.” After an X user posted the names of the young engineers working with Musk, previously reported by Wired, he responded, “You have committed a crime.” The X user’s account has since been suspended.

Reporting on the identities of powerful public officials is, in fact, not a crime—even, or especially, if those officials have assumed public powers without going through formal channels. Musk has nonetheless gotten backup for his threats from Edward R. Martin Jr., a former “Stop the Steal” organizer whom Trump installed as U.S. attorney for the District of Columbia. In a vague but menacing message posted (naturally) on X, Martin warned that “certain individuals and/or groups have committed acts that appear to violate the law in targeting DOGE employees.” Martin declined to identify either the individuals or the laws they’d allegedly broken, nor did he acknowledge that reporting about or criticizing Musk’s work constitutes First Amendment–protected activity. Whether Martin acts upon these threats remains to be seen. In the meantime, however, he is contributing to the atmosphere of menace surrounding Trump and Musk by delivering their threats with a legal sheen, like some kind of MAGA Tom Hagen.

[Read: The ‘rapid unscheduled disassembly’ of the United States government]

The courts will have the final say over Trump’s audacious power grab. In all likelihood, they will affirm congressional authority to set spending levels authorized by the Constitution. But the Constitution ultimately means whatever five Supreme Court justices say it means. The Court’s more conservative justices often apply the most right-wing interpretation of the text they can plausibly defend, and occasionally one they can’t plausibly defend.

What’s more, Musk seems to have intuited that he can destroy programs and bureaucratic cultures faster than the system can restore them. Firing officials en masse, throwing the people and clients that rely on those programs into confusion and financial risk, and striking fear into the whole federal apparatus can break down the institutions and destroy their institutional knowledge. Rebuilding is painfully slow; destruction is rapid. This may be the dynamic Musk has in mind when he insists that his work must happen “now or never.”

Not even the most committed small-government-conservative lawmaker would design a process like the one now occurring: a handful of political novices, many of them drinking deep from the fetid waters of right-wing conspiracy theorizing, tearing through the federal budget, making haphazard decisions about what to scrap. And indeed, no elected body has designed this process. Trump and Musk have arrogated the power to themselves. The true urgent cause is to return that power to the legislature before the damage becomes irreversible.

The ‘Rapid Unscheduled Disassembly’ of the United States Government

The Atlantic

www.theatlantic.com › technology › archive › 2025 › 02 › elon-musk-bureaucratic-coup › 681559

Elon Musk is not the president, but it does appear that he—a foreign-born, unelected billionaire who was not confirmed by Congress—is exercising profound influence over the federal government of the United States, seizing control of information, payments systems, and personnel management. It is nothing short of an administrative coup.

As the head of an improvised team within the Trump administration with completely ambiguous power (the Department of Government Efficiency, or DOGE, in reference to a meme about a Shiba Inu), Musk has managed quite a lot in the two weeks since Inauguration Day. He has barged into at least one government building and made plans to end leases or sell some of them (three leases have been terminated so far, according to Stephen Ehikian, the General Services Administration’s acting administrator). He has called in employees from Tesla and the Boring Company to oversee broad workforce cuts, including at the Office of Personnel Management (one of Musk’s appointed advisers, according to Wired, is just 21 years old, while another graduated from high school last year). During this time, OPM staffers, presumably affiliated with DOGE, reportedly set up an “on-premise” email server that may be vulnerable to hacking and able to collect data on government employees—one that a lawsuit brought by two federal workers argues violates the E-Government Act of 2002 (there has not yet been a response to the complaint). Musk’s people have also reportedly gained access to the Treasury’s payments system—used to disburse more than $5 trillion to Americans each year (a national-security risk, according to Senator Ron Wyden, a democrat from Oregon)—as well as computer systems that contain the personal data of millions of civil servants. (They subsequently locked some senior employees out of those systems, according to Reuters.) Musk did not immediately respond to a request for comment.

Over the weekend, the Trump administration put two senior staffers at the U.S. Agency for International Development (USAID) on administrative leave—staffers who, according to CNN, had tried to thwart Musk’s staff’s attempts to access sensitive and classified information. Musk posted on X yesterday that “USAID is a criminal organization. Time for it to die.” USAID staffers were barred from entering the unit’s headquarters today.

This is called “flooding the zone.” Taken in aggregate, these actions are overwhelming. But Musk’s political project with DOGE is actually quite straightforward: The world’s richest man appears to be indiscriminately dismantling the government with an eye toward consolidating power and punishing his political enemies.

Two days before the 2024 election, I wrote that Musk’s chaotic takeover of Twitter was going to be the blueprint for his potential tenure at DOGE. Unfortunately, I was right—he’s running the exact same playbook. But it’s worth keeping in mind that there are two ways of measuring success for Musk’s projects: first, whether the organizations themselves benefit under his leadership, and second, whether Musk himself gets something out of the arrangement. Musk’s stewardship of X has been a financial nightmare. He has alienated advertisers, tanked revenue and user growth, and saddled investment banks with debt from the purchase that they’ll need to sell off. Yet Musk’s own influence and net worth have grown considerably during this time. His fanboys and the MAGA faithful don’t care that X is a flailing business, because Musk did deliver on giving liberals their supposed comeuppance by de-verifying accounts and reinstating banned trolls. He turned the platform into a conspiratorial superfund site, has boosted right-wing accounts and talking points, and helped elect Donald Trump as president. Musk’s purchase is a success in their eyes because he succeeded in turning X into a political weapon.

[Read: Musk’s Twitter is the blueprint for a MAGA government]

The same thing is happening right now with DOGE. Musk and his Silicon Valley acolytes are acting on a long-held fantasy of approaching the federal government like a software company and running it like a venture-backed tech start-up during the days of zero-percent interest rates. Here’s the problem: The federal government is not a software company. “The stakes are wildly different,” a former senior Twitter executive told me recently. This person, who requested anonymity because they worked closely with Musk during his takeover and fear retribution, argued that Musk seems incapable of recognizing the limits of his own knowledge. When I asked them to describe Musk’s managerial strategy, they borrowed a term of art from SpaceX’s own rocket mishaps: “This is a rapid unscheduled disassembly of government services.”

The theory that the government is inefficient is not altogether incorrect. I recently spoke with Robert Gordon, formerly the deputy assistant to the president for economic mobility in the Biden administration, to get a sense of how intricate government agencies are and what it would take to reform them. Gordon, who has spent time in the Office of Management and Budget and as the assistant secretary responsible for grants policy at the Department of Health and Human Services, was quick to note that we desperately need to simplify processes within the federal government to allow workers to execute more quickly and develop more agile technology, such as the Direct File product that the IRS recently made to allow Americans to file taxes for free. “No doubt the government could do more here,” he told me. “But it requires incredibly specific approaches, implemented in a thoughtful way. It requires paying enormous attention to detail, not blowing shit up.” Musk and DOGE have instead operated with a “vast carelessness,” Gordon wrote in a Substack post last week. “This government cannot trouble itself to plan for the biggest things, the funds that thousands of organizations use to serve millions of people,” he wrote. “It has swept up civil servants in a vortex of confusion and fear.” Musk wrote today on X that the Treasury team that built Direct File no longer exists. “That group has been deleted,” he said.

[Read: The American people deserve DOGE]

Among Gordon’s biggest concerns is that DOGE’s slapdash cuts will remove key links in the bureaucratic chain that make the government function. Even simple-sounding procedures—allocating government funds in a crisis like, say, a pandemic—require coordination among teams of civil servants across multiple government offices. “All of this is done by back-office types,” Gordon told me. “There are so many people in that process, and it matters enormously how good they are.” That this system is inefficient is frustrating, Gordon said, but he worries that the chaos caused by Musk’s efforts will halt any possibility of reform. “If you want to make this system better, you need to create space for civil servants who know what they’re doing to do that work,” he told me. “What’s very likely to happen now because of this pressure is that the most competent people on that chain are at super-high risk of saying, I gave it my best shot; I don’t need this and quit, because they can get better jobs. That’s what I see happening.”

Of course, the so-called tech right does not agree. As the political scientist Henry Farrell wrote this past weekend, “The fact that none of the DOGE people actually understand how government functions is a feature, not a bug. If you understand the workings of the federal bureaucracy, you are almost certainly part of the problem, not the solution.” But this reasoning is not usually compatible with the reality of managing complex organizations. As the former Twitter exec told me, after Musk took over the platform, his people enthusiastically championed ideas that seasoned employees with knowledge of the company had already researched and rejected: “It wasn’t that we hadn’t thought about new ways, say, to do verification or handle bots, but we rejected them on the basis of research and data. There was a huge contrast between the methodical approach and Musk’s rapid-fire whims.”

When Musk barged into Twitter in 2022 as its new CEO, his strategy was “decision making by vibes,” according to the former exec I spoke with. Those vibes were often dictated by the sycophants in Musk’s orbit. The executive described Musk as surprisingly receptive to ideas when presented with facts and data, but said that few in his inner circle questioned or spoke frankly with him: “And so, in the absence of rational decision making, we got the vibes-based, yes-man approach.”

The former executive did point to a meaningful difference between X and DOGE, however: The government is big and complex. This may be an asset during an assault. “Even if you try to take a flamethrower to the government, the destruction won’t be quick. There’ll be legal challenges and congressional fights, and in the months and weeks, it’ll be individuals who keep essential services running,” they said. The government workers who know what they’re doing may still be able to make positive incremental change from within.

[Read: There really is a deep state]

It’s a rousing, hopeful notion. But I fear that the focus on the particulars of this unqualified assault on our government is like looking at X’s bottom line, in that it obscures Musk’s real ambitions. What are DOGE’s metrics for success? If X is our guide, health, functionality, and sustainability are incidental and able to be sacrificed. The end game for Musk seems to be just as it was with Twitter: seize a polarized, inefficient institution; fuse his identity with it; and then use it to punish his enemies and reward his friends. DOGE is a moon-shot program to turn the government into Musk’s personal political weapon.

Elon Musk Is President

The Atlantic

www.theatlantic.com › politics › archive › 2025 › 02 › president-elon-musk-trump › 681558

He did not receive a single vote. He did not get confirmed. He does not receive a government paycheck.

The world’s richest man has declared war on the federal government and, in a matter of days, has moved to slash its size and reach, while gaining access to some of its most sensitive secrets. He has shaped the public discourse by wielding the powerful social-media site he controls and has threatened to use his fortune to bankroll electoral challenges to anyone who opposes him.

Elon Musk’s influence appears unchecked, triggering cries of alarm from those who worry about conflicts of interest, security clearances, and a broad, ill-defined mandate. But the Republican-controlled Congress has shown no desire so far to rein Musk in. There has never been a private citizen like him.

“I think Elon is doing a good job. He’s a big cost-cutter,” Donald Trump told reporters last night after stepping off Air Force One returning to Washington from Palm Beach. “Sometimes we won’t agree with it and we’ll not go where he wants to go. But I think he’s doing a great job. He’s a smart guy. Very smart. And he’s very much into cutting the budget of our federal budget.”

Musk’s assault on the government unfolded rapidly in recent days, as he used his role as the head of the so-called Department of Government Efficiency (DOGE) to slash spending. His stated goal: cut $500 billion in annual spending. DOGE has limited powers. It is not an actual government agency—one can only be created by an act of Congress; Musk’s task force was set up through a presidential executive order. And Congress has the authority to set spending.

[Read: Elon Musk has appointed himself king of the world]

His own role remains murky: A White House official told me today that Musk is working for Trump as a “special government employee,” formalizing a position in the administration but allowing him to sidestep federal disclosure rules. Musk is not being paid, the official said.

Musk lacks legal authority, but he is close to power. At times working from the White House campus, Musk plainly enjoys his position as the president’s most influential adviser. Trump famously turns on aides he believes eclipse him. But by his own account, he remains enamored of Musk, seeming to relish the fact that the world’s wealthiest person is working for him, the White House official told me, speaking on the condition of anonymity to relay private conversations. Trump, the official said, also believes that Musk has shown a willingness to take public pushback for controversial actions, allowing the president himself to avoid blame.

Over the weekend, Musk set his sights on the U.S. Agency for International Development, declaring in a series of tweets, without evidence, that USAID is “a criminal organization” that is “evil” and “must die.” The Trump administration, adopting a transactional, “America First” view of global engagement, has subjected the agency—the world’s largest provider of food assistance—to aid freezes, personnel purges, and mass confusion. Musk in recent days became the would-be executioner. In an X Spaces live chat early this morning, he said he had discussed USAID’s future with Trump “in detail, and he agreed that we should shut it down.”

“And so we’re shutting it down,” Musk said.

Hours later, Secretary of State Marco Rubio announced that he was assuming the role of acting director of the agency, which he said the White House wants to fold into the State Department. USAID’s proponents have long seen it as a useful tool of American soft power that acted as a bulwark against China and Russia; its apparent demise was cheered by former Russian President Dmitry Medvedev, who wrote on X that Musk was making a “smart move” to “plug USAID’s Deep Throat. Let’s hope notorious Deep State doesn’t swallow him whole.”

Musk might not succeed in kneecapping the agency. Several Democrats denounced the plan to move it to the State Department, arguing that Congress established USAID as a separate agency and that moving or closing it would take a subsequent act of Congress. But Republicans on the Hill were muted, seemingly willing to sacrifice their power as a co-equal branch of government to appease Musk and Trump.

[Read: What Elon Musk really wants]

GOP lawmakers also do not seem to object to Musk’s installation of former staffers from Tesla, X, and the Boring Company at several agencies, including the Office of Personnel Management, which essentially handles federal human resources, and the General Services Administration, which manages government real estate. Some of Musk’s lead aides, according to Wired, are between 19 and 24 years old. (When a user on X later posted the names of those aides, Musk replied, “You have committed a crime,” and suspended the account.)

Over the weekend, Treasury Secretary Scott Bessent granted DOGE staffers access to the system that sends out money on behalf of the entire federal government, ceding to Musk—whose wealth is estimated at more than $325 billion—a powerful tool to monitor and potentially limit federal spending. That move ended a standoff with a top Treasury official, a career civil servant named David Lebryk, who was put on leave and then suddenly retired after he had tried to prevent Musk’s lieutenants from getting into the department’s payment system.

“The only way to stop fraud and waste of taxpayer money is to follow the payment flows and pause suspicious transactions for review. Obviously,” Musk posted today on X. “Naturally, this causes those who have been aiding, abetting and receiving fraudulent payments very upset. Too bad.”

The department, in a process run by civil servants, disbursed more than $5 trillion in fiscal year 2023. Access to the payment system is tightly held because it includes sensitive personal information about the millions of Americans who receive Social Security checks, tax refunds, and other payments from the federal government. Moreover, two of Musk’s companies—Tesla and SpaceX—have more than $15 billion in government contracts, and according to some Democrats, he might now have access to information about competitor businesses, creating conflicts of interest. Musk also has business interests overseas, including in China.

A group of Senate and House Democrats has vowed a court battle over Musk’s access to the payment system. “Elon Musk, you may have illegally seized power over the financial payments systems of the Treasury, but you don’t control the money of the American people,” Democratic Representative Jamie Raskin of Maryland said at a news conference today outside of USAID headquarters in Washington. “The U.S. Congress does that under Article 1 of the Constitution. We don’t have a fourth branch of government called ‘Elon Musk.’”

[Read: Purging the government could backfire spectacularly]

But this morning Ed Martin, the interim U.S. attorney for Washington, D.C., released a letter he wrote to Musk declaring that his office would “pursue any and all legal action against anyone” who tried to impede DOGE’s work.

Last week, Musk was the driving force behind an email from the Office of Personnel Management with the subject line “Fork in the Road,” demanding that millions of federal employees accept massive workplace changes or resign. The White House official told me that Musk came up with the email subject line, which was also the language he used in an email to Twitter employees shortly after he purchased the company in 2022.

After taking over Twitter and rebranding it as X, Musk demolished the company’s value and sparked a mass exodus of users. But it gave him a powerful political platform—which he is also now using to try to influence European elections—and there are signs that business is improving. The site brought in $25 million in political advertising revenue in 2024, mostly from Republicans, and The Wall Street Journal reported last week that Amazon—owned by Jeff Bezos, who also owns the dominant newspaper in the nation’s capital—was increasing its spending on X.

Last week, the only news story that competed with Trump’s takeover of the nation’s capital was the collision between a military aircraft and a civilian jet that killed 67 people. The National Transportation Safety Board took the lead on the investigation, as it always does. But as the nation looked for news on the devastating tragedy, the first major airline crash in the United States in 15 years, the government agency made clear where the American people would need to turn: “All NTSB updates about news conferences or other investigative information will be posted to this X account. We will not be distributing information via email.”