The Musk Factor

The Musk Factor: DOGE, Data, and a Potential Constitutional Crisis

The new administration is wasting no time enacting its agenda, with Elon Musk playing a central role in overhauling the federal government. The question is: are these actions pushing the U.S. toward a constitutional crisis? of the legal resistance is focused on the Department of Government Efficiency (DOGE), and whether Elon Musk and his team are overextending their power. Concerns center on potential violations of the Privacy Act, stemming from DOGE's access to citizens' personal data – Social Security numbers, tax returns, and other sensitive information. Lawsuits are questioning the legitimacy of DOGE's authority and the potential for abuse. As one legal expert put it, all eyes are on whether DOGE and its leader are acting within the bounds of the law.

One striking concern is DOGE's access and handling of sensitive data. With this degree of consolidation of power, many observers wonder how easy it would be for something to go wrong; or worse, for the public to lose faith that their privacy is respected.

The current situation represents an unprecedented test of the constitutional order. Many legal analysts wonder whether, with the current make up of the courts, Elon Musk would be able to exert unprecedented access to powerful government functions without fear of oversight. It is a time for vigilance, legal fortitude, and a renewed commitment to safeguarding individual liberties

Source: Thomas Edsall, “Elon Musk Is Leading a ‘Hostile Takeover of the Federal Government’” (NYTimes, Feb. 18. 2025)