Rick Pildes, a professor at New York University’s Law School, also highlighted Vance’s use of the words “legitimate powers” in his post but pointed out that the judiciary is the branch with the power to decide what a president can “legitimately” do or not do.
"Under the rule of law and the Constitution, it is the courts that determine whether some use of the executive power is lawful or not. That is the critical point," Pildes said via email.
"The concern is that the vice president’s statement could be taken to suggest that the Executive Branch is prepared to refuse to comply with a court order based on the president’s own view that he has a power that the courts have concluded he does not," he added. "A president who orders his officials not to comply with court orders would be creating a constitutional crisis."
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