ARGUING YES
University Professor of Constitutional Law Emeritus at Harvard Law School
ARGUING NO
Former Judge of the U.S. Court of Appeals for the Tenth Circuit; Law Professor and Director of the Constitutional Law Center at Stanford Law School
MODERATOR
Host and Moderator-in-Chief
This week:
- New episode: Are DOGE’s actions legally sound?
- Listen to our recent debate on daylight savings time as a podcast or on YouTube
- Your Sunday reading list
As President Trump came into his office for his second term, a new office within the government was created. The Department of Government Efficiency (DOGE) now exists, with tech entrepreneur Elon Musk as its driving force.
DOGE has swiftly left its mark on the federal government and its programs here and abroad, and a flurry of lawsuits have been filed regarding the agency’s actions. President Trump has also specified that Elon Musk is empowered to make recommendations to other departments, but cannot issue decisions on staffing and policy.
Supporters say the agency has identified legitimate evidence of bureaucratic waste and is following a broad and decisive mandate, and that it’s all legal. Detractors, however, are raising serious legal concerns, citing the breadth of the agency’s activity and the consolidation of too much power under the executive branch.
So the specific question we ask this week is not about the politics, the goals, or material benefits or harms of DOGE, but the legality of what it is doing, and how it is doing it. We brought together two of the country’s most esteemed constitutional law experts to address this question.
Laurence Tribe, a constitutional law professor emeritus at Harvard Law School who mentored President Obama and current Supreme Court justices, argues DOGE is operating in violation of the Constitution and other laws. Judge Michael McConnell, who ruled on cases in the U.S. Court of Appeals for the 10th Circuit and is currently Director of the Constitutional Law Center at Stanford Law School, says its activity is within the bounds of existing legal frameworks.
This debate was livestreamed to a global audience exclusively on X on Tuesday, March 4th.
It was thoughtful, constructive, at times impassioned, and definitely worth a listen.
Is Musk’s DOGE dodging the law? Listen to the debate now on your favorite podcast platform, WNYC, and YouTube. As always, let us know what you think.
POINT/COUNTERPOINT
Is Musk’s DOGE Dodging the Law?
YES: Laurence Tribe
“By cloaking himself with whatever immunity attaches to presidential advisers under Trump v. United States, Musk dodges the law that would otherwise forbid executive usurpation of Congress’s Article I Power of the Purse and its Article I and Article II powers to structure the government.”
NO: Michael W. McConnell
“The basic structure of DOGE seems completely unexceptional. You have a person just like Czars in the past who has no line authority but has a great deal of influence — in fact, controls the policy through the president or the president controls it through him without formal line authority. There’s nothing unusual about that, and the DOGE people are designated. They’ve been employees within the particular agencies and their actions are not being named given at the bottom line. It isn’t Musk’s name, it’s the agency head who actually is doing this. Their power is simply to make recommendations to the agency.”
Is It Time to End Daylight Savings Time? Listen Now
Are you ready to “spring forward” the clock on Sunday, or is it time to end daylight savings time?
Those who want to end the practice call it inconvenient and a drain on our productivity, our ability to get a good night’s sleep, and bad for our health. Those who want to keep changing the clocks argue that our bodies eventually get used to the time change, and the longer hours during the summer allow for a higher quality of life, healthier economies, and better mental health.
Arguing YES: Joan Costa-i-Font, Health Economist at the London School of Economics
Arguing NO: Binyamin Appelbaum, Member of the New York Times Editorial Board
Listen to the debate now on YouTube or your favorite podcast platform.
Note: We have employed the colloquial “Daylight Savings Time” phrasing used by our debaters and moderator.
WEEKLY POINTS OF VIEW
Why House Republican Budget Cuts Should Start With Health Insurance Subsidies
Sally Pipes | February 26, 2025
US News and World Report
Watch Sally’s debate on whether it’s time for Medicare for All
Academia is finally learning hard lessons
Megan McArdle | February 24, 2025
The Washington Post
Watch Megan’s debate on whether Obamacare is beyond rescue
Jason Furman | February 10, 2025
Foreign Affairs
Watch Jason’s debate on America’s economic outlook
Rich Lowry | February 25, 2025
National Review
Watch Rich’s debate on Trump’s first 100 days
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