Heather Cox Richardson | Letters from an American
Feb 9, 2025
On Friday, President Donald Trump issued an executive order “protecting Second Amendment rights.” The order calls for Attorney General Pam Bondi to examine all gun regulations in the U.S. to make sure they don’t infringe on any citizen’s right to bear arms. The executive order says that the Second Amendment “is foundational to maintaining all other rights held by Americans.”
In fact, it is the right to vote for the lawmakers who make up our government that is foundational to maintaining all other rights held by Americans.
The United States Constitution that establishes the framework for our democratic government sets out how the American people will write the laws that govern us. We elect members to a Congress, which consists of the House of Representatives and the Senate. That congress of our representatives holds “all legislative powers”; that is, Congress alone has the right to make laws. It alone has the power to levy taxes on the American people, borrow money, regulate commerce, coin money, declare war, “to make all Laws which shall be necessary and proper.”
After Congress writes, debates, and passes a measure, the Constitution establishes that it goes to the president, who is also elected, through “electors,” by the people. The president can either sign a measure into law or veto it, returning it to Congress where members can either repass it over his veto or rewrite it. But once a law is on the books, the president must enforce it. The men who framed the Constitution wrote that the president “shall take Care that the Laws be faithfully executed.” When President Richard Nixon tried to alter laws passed by Congress by withholding the funding Congress had appropriated to put them into effect, Congress shut that down quickly, passing a law explicitly making such “impoundment” illegal.
Since the Supreme Court’s 1803 Marbury v. Madison decision, the federal courts have taken on the duty of “judicial review,” the process of determining whether a law falls within the rules of the Constitution.
Right now, the Republicans hold control of the House of Representatives, the Senate, the presidency, and the Supreme Court. They have the power to change any laws they want to change according to the formula Americans have used since 1789 when the Constitution went into effect.
But they are not doing that. Instead, officials in the Trump administration, as well as billionaire Elon Musk— who put $290 million into electing Trump and Republicans, and whose actual role in the government remains unclear— are making unilateral changes to programs established by Congress. Through executive orders and announcements from Musk’s “Department of Government Efficiency,” they have sidelined Congress, and Republicans are largely mum about the seizure of their power.
Now MAGA Republicans are trying to neuter the judiciary.
After yet another federal judge stopped the Musk/Trump onslaught by temporarily blocking Musk and his team from accessing Americans’ records from Treasury Department computers, MAGA Republicans attacked judges. “Outrageous,” Senator Tom Cotton (R-AR) posted, spreading the lie that the judge barred the Secretary of the Treasury from accessing the information, although in fact he temporarily barred Treasury Secretary Bessent from granting access to others. Senator Mike Lee (R-UT) said the decision had “the feel of…a judicial” coup. Right-wing legal scholar Adrian Vermeule called it “[j]udicial interference with legitimate acts of state.”
Vice President J.D. Vance, who would take over the office of the presidency if the 78-year-old Trump can no longer perform the duties of the office, posted: “Judges aren’t allowed to control the executive’s legitimate power.”
As legal scholar Steve Vladeck noted: “Just to say the quiet part out loud, the point of having unelected judges in a democracy is so that *whether* acts of state are ‘legitimate’ can be decided by someone other than the people who are undertaking them. Vermeule knows this, of course. So does Vance.” Of Vance’s statement, Aaron Rupar of Public Notice added: “this is the sort of thing you post when you’re ramping up to defying lawful court orders.”
The Republicans have the power to make the changes they want through the exercise of their constitutional power, but they are not doing so. This seems in part because Trump and his MAGA supporters want to establish the idea that the president cannot be checked. And this dovetails with the fact they are fully aware that most Americans oppose their plans. Voters were so opposed to the plan outlined in Project 2025—the plan now in operation—that Trump ran from it during the campaign. Popular support for Musk’s participation in the government has plummeted as well. A poll from The Economist/YouGov released February 5 says that only 13% of adult Americans want him to have “a lot” of influence, while 96% of respondents said that jobs and the economy were important to them and 41% said they thought the economy was getting worse.
Trump’s MAGA Republicans know they cannot get the extreme changes they wanted through Congress, so they are, instead, dictating them. And Musk began his focus at the Treasury, establishing control over the payment system that manages the money American taxpayers pay to our government.
Musk and MAGA officials claim they are combating waste and fraud, but in fact, when Judge Carl Nichols stopped Trump from shutting down USAID, he specifically said that government lawyers had offered no support for that argument in court. Indeed, the U.S. government already has the Government Accountability Office (GAO), an independent, nonpartisan agency that audits, evaluates and investigates government programs for Congress. In 2023 the GAO returned about $84 for every $1 invested in it, in addition to suggesting improvements across the government.
Until Trump fired 18 of them when he took office, major departments also had their own independent inspectors general, charged with preventing and detecting fraud, waste, abuse, misconduct, and mismanagement in the government and promoting economy, efficiency, and effectiveness in government operations and programs.
The Federal Bureau of Investigation also investigates corruption, including that committed by healthcare providers.
According to Musk’s own Grok artificial intelligence tool on X, the investigative departments of the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), the Federal Aviation Administration (FAA), the National Highway Traffic Safety Administration (NHTSA), the Environmental Protection Agency (EPA), the National Labor Relations Board (NLRB), the U.S. Fish and Wildlife Service, the Department of Transportation, the Federal Trade Commission (FTC), as well as USAID, have all launched investigations into the practices and violations of Elon Musk’s companies.
But Trump has been gutting congressional oversight, apparently wanting to make sure that no one can oversee the president. Rather than rooting out waste and corruption in the government, Musk and his ilk have launched a hostile takeover to turn the United States of America into a business that will return huge profits to those leaders who, in the process of moving fast and breaking things, are placing themselves at the center of the lives of 332 million people. Breaking into the U.S. Treasury payment system puts Musk and his DOGE team at the head of the country’s nerve center.
The vision they are enacting rips predictability, as well as economic security, away from farmers, who are already protesting the loss of their markets with the attempted destruction of USAID. It hurts the states—especially Republican-dominated states—that depend on funding from the National Institutes of Health and the Department of Education. Their vision excludes consumers, who are set to lose the Consumer Financial Protection Bureau as well as protections put in place by President Joe Biden. Their vision takes away protections for racial, ethnic, religious, and gender minorities, as well as from women, and kills funding for the programs that protect all of us, such as cancer research and hospitals.
Musk and Trump appear to be concentrating the extraordinary wealth of the American people, along with the power that wealth brings, into their own hands, for their own ends. Trump has championed further tax cuts for the wealthy and corporations, while Musk seems to want to make sure his companies, especially SpaceX, win as many government contracts as possible to fund his plan to colonize Mars.
But the mission of the United States of America is not, and has never been, to return huge profits to a few leaders.
The mission of the United States of America is stated in the Constitution. It is a government designed by “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.” Far from being designed to concentrate wealth and power in the hands of a single man, it was formed to do the opposite: spread wealth and power throughout the country’s citizenry and enable them to protect their rights by voting for those who would represent them in Congress and the presidency, then holding them accountable at the ballot box.
The people who think that bearing arms is central to maintaining American rights are the same people who tried to overturn the 2020 presidential election by storming the United States Capitol because they do not command the votes to put their policies in place through the exercise of law outlined in the U.S. Constitution.