In a functioning American democracy, the separation of powers serves as a vital safeguard against tyranny. The executive, legislative, and judicial branches are meant to check one another, ensuring that no single arm of government accumulates too much power.
The United States is living in a perfect storm: an emboldened executive branch making increasingly aggressive power grabs while a passive Congress stands idly by. The implications of this inaction are profound, raising serious questions about the effectiveness of our constitutional system and the future of American democracy.
There’s no better time to look at this than right before Tuesday’s Trumpapalooza—his speech to a joint session of Congress. Why? Because—and I’ll return to this later—the Democrats are pretty much letting him get away with all of it.
Trump has never been one to shy away from executive action. From the moment he took office, he wielded executive orders like an aluminum baseball bat, bypassing Congress to implement sweeping policy changes on everything from immigration to environmental regulations. His mass firings of federal employees, attempt to weaken the Foreign Corrupt Practices Act, and a controversial proposal to transfer migrants to Guantanamo Bay only underscore the extent to which he has expanded presidential power. In each case, the legal justification is sketchy at best, yet Congress has responded with little more than murmurs of disapproval—not even a tiny bark at the illegal DOGE.
This isn’t just a matter of policy disagreements; it’s truly a fundamental crisis of governance. The framers of the Constitution designed Congress to be the primary check on executive authority, endowing it with the power of the purse, the ability to pass legislation, and the capacity to conduct oversight through investigations and impeachment. Yet today’s Congress appears unwilling or unable to exercise these powers in any meaningful way. Instead, we see lawmakers trapped in a cycle of deep partisan gridlock, prioritizing short-term political calculations over their constitutional responsibilities.
Consider, for instance, the erosion of congressional oversight. While some committees have made attempts to investigate aspects of Trump’s governance genuine accountability remains elusive. This failure isn’t due to a lack of evidence or procedural tools but rather a lack of political will. Many Republican lawmakers, wildly fearful of crossing a president who commands cultish loyalty from their base, have opted for silence. Meanwhile, Democrats, though often more vocal in their criticism, have failed to take substantive action beyond rhetorical condemnations.
Each new encroachment by the executive branch sets a precedent and further shifts the balance away from the legislative branch. The long-term consequences of this shift are going to be horrific. A weak Congress cedes more and more authority to the presidency, paving the way for future executives—regardless of party affiliation—to expand their power unchecked. Today’s inaction sets the stage for (literally) tomorrow’s authoritarian drift.
The stakes are especially high given the judiciary’s role in this equation. While the courts remain a crucial counterweight, they are not designed to handle every instance of executive overreach. Litigation is slow, reactive, and often limited in scope. Moreover, given Trump’s success in reshaping the federal judiciary with conservative appointments, there is no guarantee that courts will consistently check executive excesses. This makes congressional oversight even more essential—yet it remains conspicuously absent.
To understand why Congress has abdicated its role, we need to shift our focus from individual lawmakers to the broader political landscape. Hyper-partisanship has paralyzed legislative action, turning every issue into a zero-sum battle rather than a matter of institutional duty.
This phenomenon is not new under Trump 2.0, but his presidency has exacerbated it 50 fold. Trump has successfully reframed oversight as a partisan attack rather than a constitutional necessity. His strategy is simple but effective: stonewall inquiries, refuse cooperation, and rely on political allies in the legislature to shield him from consequences—and it is working better by the week.
What comes out of this? A steady erosion of democratic norms to the point where we can barely remember them. The Founders envisioned a government where ambition counteracts ambition, ensuring that no branch grows too powerful. Yet when one branch refuses to assert itself, the entire system tilts dangerously out of balance.
Policies implemented through executive fiat can bypass necessary debate, leading to less transparency and accountability. Agencies are filled with unconfirmed, hand-picked loyalists and operate with minimal oversight. The public, seeing Congress fail to act as a meaningful check, becomes increasingly disillusioned with the institutions that were once foundational to democracy.
The obvious answer to this growing anti-democratic authority is the hardest because it lies in Congress reclaiming its constitutional role. Lawmakers must recognize that their duty extends beyond party loyalty and preserving the balance of power is paramount. This means conducting rigorous oversight, enforcing subpoenas, and—when necessary—exercising impeachment as a tool of accountability. It means refusing to fund unconstitutional executive actions and reasserting legislative control over major policy decisions. It means having the courage to stand up, even when it is politically inconvenient.
During the Watergate era, Congress aggressively investigated executive misconduct, leading to significant reforms. In more recent times, bipartisan coalitions have worked to check presidential power on issues like surveillance and war powers. These examples show that when Congress chooses to act, it can be an effective counterbalance to executive overreach.
As we watch Tuesday night’s presidential variety show, it’s the perfect time to remind ourselves that American democracy was built on the idea that power must be constrained, that no one person or branch should rule unchecked. Congress has a duty—not just to its constituents, but to the very fabric of the republic—to act as that constraint.
A Pulitzer Prize-nominated journalist for his groundbreaking op-ed in The Independent exposing the NFL’s “race-norming” policies, Aron Solomon, JD, is a globally recognized thought leader in law, media, and strategy. As chief strategy officer for AMPLIFY, he leverages his deep expertise to shape the future of legal marketing.
The views expressed in this article are the writer’s own.
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