The actions of the Trump administration this year present a test on America’s checks and balances system and democracy as the executive branch expands its power.
An executive power is the constitutional authority of the executive branch to enforce laws, issue orders and direct the federal bureaucracy. Traditionally, these powers have been checked by the legislative and judicial branches of the federal government. However, in the current state of a political trifecta, checks on the power of the executive branch seem to be limited.
Since Donald Trump took office in Jan., he has signed 217 executive orders. Historically executive orders have been used to expedite the process of passing legislation by surpassing congressional approval, giving the president more flexibility so they can respond quickly to public outcry or political turmoil.
Trump has abused this informal power to control federal agencies, bypass congressional oversight and violate the Constitution. Agencies such as the DOJ are supposed to work independently and exercise bureaucratic discretion in order to implement laws with their expertise and judgement. Independent bureaucratic oversight protects public interest and prevents corruption, this is weakened by presidential control imposed through executive orders.
The increase in executive power leads to an increased risk of human rights violation. The expansion of authority has reshaped immigration policy through executive actions rather than congressional laws. Undocumented immigrants being denied due process are a direct result of executive directions. These actions have torn families apart and caused a decrease in illegal immigration through fearmongering, not good immigration policy.
The expansion of military power under the executive branch has led to extreme actions without congressional authorization. The recent U.S. strikes on the alleged drug trafficking boats in the Caribbean demonstrate that broad interpretations of international law are being used to justify extreme actions with lack of congressional oversight, undermining their legality.
The most recent strike occurred on Dec. 4, despite backlash and doubts of legality expressed by both parties. Although Secretary of Defense Pete Hegseth faces impeachment charges, it is unlikely that he will be removed from office. This reinforces the fact that checks against the current executive branch are weakening as Congress is struggling to check unilateral military actions.
If a broad interpretation of international law approved by the White House with minimal oversight leads to unwarranted lethal actions and war crimes, it is truly terrifying how dangerous unchecked executive power can be.
The administration has repeatedly pushed the limitations of the Constitution through executive actions. Press access being restricted and attempts to challenge flag burning rights have threatened the First Amendment. Executive order 14160 undermined birthright citizenship by trying to reinterpret the fourteenth amendment, a power held by congress not the executive branch. The Trump administration’s expanding executive power is being used to execute an agenda that does not abide by the Constitution or stay within its legal rights.
To protect the balance of power in the federal government, there must be an increased demand for accountability and oversight, citizens must continue to be empowered to monitor and respond to government actions.
