Preserving Democracy: Constitutional Challenges and the Role of Institutions
February 18, 2025 | Joyce Vance with Patt Morrison: The American Justice System: Testing the Limits
In a recent America at a Crossroads discussion, legal expert and former U.S. Attorney Joyce Vance explored the ongoing constitutional challenges facing the United States. As a seasoned prosecutor, MSNBC analyst, and professor of law at the University of Alabama, Vance provided insights into the erosion of democratic norms, the role of the judiciary, and the public’s responsibility in preserving democratic institutions. The conversation centered around the increasing power of the executive branch, the courts’ ability to act as a check on presidential authority, and what concerned citizens can do to safeguard democracy.
The Erosion of Constitutional Norms
One of the most pressing issues discussed was the shifting balance of power in government. With Republicans securing control of all three branches, the unexpected influence of private individuals like Elon Musk has added a new dimension to governance. Musk’s actions, including accessing federal data and making staffing decisions within government agencies, raise critical constitutional questions. His role, which lacks formal accountability measures, blurs the lines between private enterprise and public service.
Meanwhile, the judiciary remains a crucial battleground in determining the limits of executive authority. With over 50 lawsuits filed against Trump administration policies, legal challenges are flooding the courts. However, one key issue is standing—who has the legal right to bring these cases forward? Courts have dismissed certain lawsuits on procedural grounds, leaving critical constitutional questions unanswered. The Supreme Court, already facing scrutiny for its controversial rulings on presidential immunity, will likely play a decisive role in shaping the future of executive power.
Threats to Democratic Institutions
The interview also highlighted concerns about the expansion of presidential authority beyond its traditional limits. Executive orders have redefined agency structures, eliminated oversight mechanisms, and allowed unelected individuals to exert significant power. Vance emphasized that Trump’s approach to governance challenges the very foundation of constitutional checks and balances.
One of the most alarming developments is the undermining of independent agencies. Judges have issued temporary restraining orders in some cases, preventing drastic policy shifts, but this is only a short-term solution. Congress, which holds the constitutional power of the purse, has largely failed to assert its authority, allowing executive overreach to continue unchecked. While some Republican senators have voiced concerns, their influence remains limited as Trump consolidates control over the party.
Public Accountability and the Role of Citizens
While legal battles continue, Vance emphasized that democracy cannot be saved by the courts alone. The responsibility falls on the public to engage actively in protecting democratic institutions.
One way citizens can make an impact is through state attorneys general, who have emerged as powerful defenders of constitutional norms. These officials have played a pivotal role in challenging executive overreach, successfully filing lawsuits that protect voter rights, agency independence, and constitutional guarantees.
Another critical avenue is local activism. Engaging in community governance—attending city council meetings, voting in local elections, and holding representatives accountable—ensures that democratic principles remain strong from the ground up. Vance also stressed the importance of staying informed through reliable news sources and independent legal analysis, rather than relying solely on traditional media narratives.
Conclusion: The Fight for Democracy Continues
As the conversation wrapped up, Vance left listeners with a sobering but hopeful message: while democracy is under threat, it is not beyond saving. The courts, state governments, and engaged citizens all have a role to play in pushing back against executive overreach and restoring balance to the constitutional system. The key takeaway? Democracy is not self-sustaining—it requires vigilance, activism, and an unwavering commitment to constitutional principles.
With midterm elections approaching and legal battles unfolding, the coming months will be pivotal in determining the future of American governance. As Vance noted, preserving democracy is not just the job of judges and lawmakers—it is the responsibility of every American
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.