Bulwark Takes: The Trump Administration Is Close to Sparking a Legit Five-Alarm Constitutional Crisis. Here’s Why

Release Date: March 18, 2025
Host: The Bulwark
Guests: Ryan Goodman (Just Security)

Introduction

In this episode of Bulwark Takes, Sam Stein, managing editor of The Bulwark, is joined by Ryan Goodman from Just Security to discuss the escalating tensions between the Trump administration and the judiciary. The conversation revolves around the administration's controversial use of the Aliens Enemies Act to deport suspected Venezuelan gang members, potentially igniting a constitutional crisis of unprecedented scale.

Background: The Aliens Enemies Act and Current Actions

Sam Stein opens the discussion by highlighting the immediate context:

"We are nearing a constitutional crisis. We've talked about this a couple times, but this one feels a little bit more immediate than the last ones."
— Sam Stein [00:00]

The Aliens Enemies Act, a century-old statute designed for wartime situations against adversary foreign governments, is at the center of the controversy. The Trump administration has invoked this act to deport suspected Venezuelan gang members to El Salvador, a move that has only been attempted four times in U.S. history.

The Court Hearing: DOJ's Defense and Judicial Pushback

Ryan Goodman delves into the details of the recent court hearing:

"The DOJ attorneys are asserting that they complied with the orders and they've got a convoluted theory."
— Ryan Goodman [01:12]

During the hearing, the Department of Justice (DOJ) argued that they were acting within their legal authority by utilizing the Aliens Enemies Act. However, their justification appeared muddled, especially when addressing a verbal restraining order issued by Judge Boasberg to halt the deportations.

Judge Boasberg's demeanor was notably stern and impatient:

"He was quite impatient and kind of kept his temper, ... an affront to the judicial system."
— Ryan Goodman [05:40]

The DOJ's ambiguous stance—shifting from verbal to written orders and later invoking Article II powers to justify actions in international airspace—left the court questioning the legitimacy of their actions.

Legal Analysis: Article II Powers vs. The Aliens Enemies Act

The crux of the legal debate centers on whether the administration's invocation of Article II inherent presidential powers supersedes the restrictions of the Aliens Enemies Act. Goodman explains:

"If they're in midair and they are in international airspace, then there is a separate new authority that kicks in."
— Ryan Goodman [03:32]

This argument suggests that actions taken in international airspace are beyond the jurisdiction of the Act, allowing the President to exercise broader powers. However, this interpretation raises significant constitutional questions about executive overreach and the separation of powers.

Administration's Strategy: Undermining Judicial Authority

The administration appears to be pursuing a strategy to delegitimize the judiciary's role in this matter. Ray Goodman observes:

"I think they're trying to seriously delegitimize the courts."
— Ryan Goodman [09:30]

Efforts include framing Judge Boasberg's decisions as overreaches, despite his reputation as a respected jurist appointed by Obama. The DOJ's attempts to obscure their legal justifications and the vague invocation of national security concerns further complicate the administration's position.

Watchpoints: The Third Flight and Its Implications

A pivotal moment in the discussion is the mention of a third flight:

"There's a third plane that takes off from the United States from Texas after Judge Boasberg's written order."
— Ryan Goodman [12:56]

The legality and composition of this flight remain uncertain. If it comprises the same individuals as the initial deportations, it could represent a blatant disregard for judicial orders, intensifying the constitutional crisis. Conversely, if handled through standard immigration procedures, it might mitigate some concerns but still leave overarching issues unresolved.

Supreme Court Implications: Potential Escalation

The conversation shifts to the role of the Supreme Court in this unfolding crisis:

"I think this case might be one of them. That's on a speed track."
— Ryan Goodman [16:54]

Goodman expresses concern over the Court's composition, noting that Justices Alito, Thomas, and Gorsuch are firmly positioned to support the administration's stance. This alignment could hinder impartial adjudication, further deepening the constitutional impasse.

Conclusion: A Nation on Edge

As the episode wraps up, Sam Stein and Ryan Goodman acknowledge the gravity of the situation:

"We'll see what happens with the third flight. We'll check back with you."
— Sam Stein [17:25]

The administration's actions, coupled with judicial pushback and potential Supreme Court involvement, underscore a brewing constitutional crisis that could redefine the balance of power in the United States.

Key Takeaways

• Aliens Enemies Act Misuse: The Trump administration's invocation of this outdated wartime statute to deport Venezuelan gang members raises serious legal and constitutional concerns.

• Judicial Pushback: Judge Boasberg's firm stance against the administration's actions highlights the judiciary's role in checking executive overreach.

• Article II Debate: The administration's reliance on inherent presidential powers to justify actions in international airspace is contentious and may lack solid legal grounding.

• Supreme Court Dynamics: With a conservative-leaning Court, the potential for upholding the administration's actions looms large, exacerbating fears of a constitutional crisis.

• Future Developments: The legality of subsequent deportation flights and their handling will be critical in determining the trajectory of this constitutional showdown.

This episode of Bulwark Takes illuminates the precarious state of U.S. constitutional governance, emphasizing the delicate interplay between executive authority and judicial oversight. As events unfold, the nation watches closely, wary of the implications for democracy and the rule of law.