Long American Tradition of Tension Between the Executive and the Judiciary

AP Photo/File

Chief Justice John Roberts took the podium in Buffalo on Wednesday night and, in one sentence, reignited a conflict as American as Lexington and Concord.

“No one,” he said, “should seek to impeach a judge simply because they disagree with a ruling.”

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It was a direct response to President Trump’s recent calls to remove “crooked judges” who, in his view, are politically motivated roadblocks. The remarks, delivered at the 125th anniversary of the U.S. District Court for the Western District of New York, carried the same dry firmness as a judge’s gavel falling at the end of a lengthy trial.

To those treating this as breaking news: It isn’t. This kind of showdown has deep roots. The robes and the resolute have been sparring since the Republic’s infancy, a designed tension between two of the Constitution’s most coiled springs: the Executive and the Judiciary.

A Nation Born of Tension

In 1803, Chief Justice John Marshall struck the first heavy blow in Marbury v. Madison, establishing the principle of judicial review. This wasn’t a soft legal moment; it was a gauntlet thrown at the feet of President Jefferson. The Court declared it had the authority to strike down laws passed by Congress and signed by the President. Jefferson believed it was a subtle tyranny from the bench. But he didn’t retaliate. He stewed, and the balance shifted slightly toward the judicial.

Thirty years later, President Andrew Jackson ignored the Supreme Court outright. In Worcester v. Georgia (1832), the Court ruled that Georgia’s attempt to push the Cherokee off their land was unconstitutional. Jackson’s reported response? “John Marshall has decided, now let him enforce it.” With that, Jackson advanced federal troops and forced thousands of Native Americans westward on the Trail of Tears.

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The judiciary had the law, but Jackson had the army.

Executive Muscle vs. Constitutional Backbone

President Lincoln would later suspend habeas corpus during the Civil War. Chief Justice Roger Taney ruled it unconstitutional. Lincoln ignored him. The union was at stake, and legal niceties could wait. Wartime presidents, right or wrong, often stretch the Constitution until it thins like old parchment.

In the 20th century, President Franklin Roosevelt, frustrated by the Supreme Court's resistance to his New Deal policies, proposed a plan to expand the bench, one new justice for every sitting justice over 70. Though the plan failed politically, it pressured the Court to shift its rulings. It was a war of attrition, not artillery. Roosevelt lost the battle but arguably won the war.

Then came Richard Nixon. When the Supreme Court ordered him to hand over the Watergate tapes in U.S. v. Nixon (1974), the president complied and soon resigned. It was the rare moment when the executive bowed fully to the judiciary, with no defiance or delay, just the humbling of power.

Trump and the Bench: The Modern Chapter

President Donald Trump has always seen judges not as oracles of the Constitution, but as players on a political chessboard. If they rule against him, they’re “Obama judges.” If they side with him, they’re fair. His attacks on the judiciary began earnestly during his first term, drawing Chief Justice Roberts out of his usual institutional silence.

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In 2018, Roberts responded to Trump’s jab at an “Obama judge” with a statement that still resonates: “We do not have Obama or Trump judges, Bush judges, or Clinton judges," he said. "We have an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”

A quiet rebuke reminded the public and the president that the judiciary is not the president’s extended arm.

This week’s remarks, however, are no longer quiet. Roberts named the behavior—threats of impeachment for political disagreement. In doing so, he’s protecting the judiciary's independence from the creeping vines of executive overreach. 

Why This Matters Now

We are not at risk of constitutional collapse, but are witnessing a renewed test of the nation’s institutional balance. The recent exchange between Roberts and Trump didn’t erupt in a vacuum. It’s the latest flash point in a long-standing debate over the judiciary's reach, particularly regarding issues at the core of national identity and sovereignty.

Throughout his time in office and beyond, President Trump has made border security a central priority. He advocated for constructing physical barriers, reinstating deportation mechanisms, and reviving policies designed to deter illegal entry, including “Remain in Mexico” and expedited removals. His administration challenged decades of immigration norms, arguing that a porous border not only threatened national security but also strained public services and undermined legal immigration itself.

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Yet federal courts delayed, blocked, or overturned many of these efforts. Judges questioned executive authority, interpreted statutory language narrowly, or cited constitutional protections that, in their view, applied regardless of immigration status. To Trump and his supporters, this judicial pushback wasn’t a mere interpretation of law; it was obstruction. It represented, in their eyes, unelected judges overriding the elected will of the people in matters vital to national preservation.

Roberts and the judiciary saw it differently. They believed their role was to apply the Constitution impartially, ensuring that even broad executive actions adhere to legal boundaries. From immigration to public health mandates, the courts have served as a check not on the president’s goals but on the tools he used to achieve them.

That’s what makes this moment more than a political clash. It’s a deeper argument over whether the courts safeguard justice or frustrate policy. And the answer often depends on which side of the gavel you’re on.

Final Judgment

Let’s not panic when presidents and justices collide. Let’s recognize the wisdom in the noise. These aren’t signs of institutional decay, but proof that the Republic still breathes and strains exactly as it was meant to.

In this clash between Roberts and Trump, we don’t see a broken system; we see a living one. A government where ambition still checks ambition and where both branches are fighting, in their way, to defend what they believe is the American ideal.

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Trump believes the judiciary must remain accountable to the people, especially when rulings reach far into daily life, challenging long-held views on sovereignty, security, and societal order. His supporters see him not as an enemy of the law, but as its reformer, demanding clarity, consistency, and restraint from a branch that too often appears insulated.

Roberts, by contrast, guards a different principle: courts must resist the gusts of popular pressure, preserving the Constitution’s stability in a world obsessed with reaction. In his view, judges serve justice best when they’re above the storm, not inside it.

Both men are acting on conviction. Both see danger in the other’s approach. And both, in different ways, are honoring the office they hold.

That is not failure. That is freedom.

And in that loud, imperfect debate, we endure.

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