US President Donald Trump’s strong assertion of power since his return to the White House represents a true test of the American constitutional system, which is based on the principle of checks and balances between the three branches of government: the executive, the legislative, and the judicial. This system, established in the eighteenth century, now faces significant challenges, especially in light of the overwhelming support Trump enjoys from the Republican-controlled US Congress. This situation raises significant questions about the constitutional system’s ability to withstand the changes imposed by Trump’s policies.
Weak Resistance from Congress and Tensions with the Judiciary
The Trump movement controls the executive branch and faces little opposition in Congress, which has led the president to take many executive actions that have not met with effective resistance. In this context, the Federal Court has emerged as the sole constraint on Trump’s actions, with numerous judicial decisions intervening to halt US government actions on several issues, such as deportation and expulsion, which were only implemented after court orders. One such decision was an injunction by Judge James Boasberg aimed at halting the Trump administration’s expedited deportation of alleged members of a Venezuelan cartel. Trump’s response to this order was extreme, calling on Congress to remove the judge from office.
The American Constitutional System Against Presidential Expansion
The founders of the United States established a system of checks and balances, in which the executive, legislative, and judicial branches acted as counterweights and checks on each other. But President Trump has attempted to redefine this system by seeking to expand his presidential powers at the expense of others. According to David Suber, a law professor at Georgetown University, Trump’s actions demonstrate a desire for an unprecedented expansion of presidential power.
The Theory of Unitary Execution and Legal Challenges
In addition, there have been attempts by the administration to limit the powers of the judiciary. Trump has repeatedly called on the U.S. Supreme Court to limit the ability of federal judges to issue judicial orders that conflict with his administration’s policies. In a social media post, Trump urged the Supreme Court to intervene quickly, warning that failure to rectify the situation could lead to a major catastrophe.
Trump has relied on the idea of the “unified executive,” a theory embraced by many conservative legal forces. This theory believes that the president should have broad authority over the executive branch, even in the event of attempts by Congress to impose limits on this power. This concept supports the notion that the president should return to the status quo ante after the Watergate scandal.
John Yoo, a proponent of this theory, believes that Trump’s actions reflect attempts to undo the reforms the United States instituted after President Nixon’s resignation in the 1970s, and to restore the presidential authority it enjoyed prior to those reforms. Despite the Republican Congress’s support for Trump, some legal experts believe this approach could threaten the principle of “separation of powers,” which has long been a foundation of the American system. Congress’s Lack of Interest in Confronting Trump’s Decisions
On the other hand, Benjamin Schneier, a professor of public policy at Harvard University’s Kennedy School, noted that the Republican-controlled US Congress has shown little interest in reducing the president’s powers. Schneier notes that this trend reflects the widening gap between the two major US parties and the deteriorating trust between them. Since Trump’s return to the White House, it has become clear that Congress has retreated from its traditional role as a check on the executive branch, illustrating a “new world” in American politics.
Legal Challenges to Trump’s Decisions
Since the beginning of Trump’s second term, multiple lawsuits have challenged his decisions, reflecting the real legal issues surrounding his administration. His decisions to dismiss government officials, including those from the Meritorious Services Oversight Board and the Federal Labor Relations Board, along with officials from other independent agencies whose roles he eliminated or reduced, have faced legal opposition. In one case, the court allowed Trump to fire Hampton Dellinger, ruling that the dismissal fell within his broad executive authority.
The US government under Trump appears to be failing to fully comply with court orders, reflecting a growing backlash against court orders. Despite more than 100 lawsuits challenging Trump’s policies, including his attempts to curtail citizenship rights or fire government employees, numerous court rulings have been issued that effectively block his decisions. Some legal experts suggest that this resistance to court orders is unprecedented in the history of modern US administrations.
The Supreme Court and Ongoing Challenges
In a related development, the US Supreme Court has yet to rule on the cases against Trump, reflecting uncertainty about its ability to limit the president’s powers. Currently, the Supreme Court is considering a case related to birthright citizenship, a decree that some courts have deemed “blatantly unconstitutional.” These cases could place the Supreme Court in a crucial position to determine the limits of executive power in the future.
Will Trump continue to test the system?
Ultimately, what lies ahead for Trump and the US constitutional order? In the absence of real resistance from Congress and a lack of clarity regarding the Supreme Court’s position, Trump appears to be continuing to test the boundaries set by the Constitution. With legal battles escalating and tensions between the executive and judicial branches increasing, the future of the American constitutional system remains uncertain.
