Donald Trump, president-elect after a sweeping victory over Vice President Kamala Harris, has reignited discussions about presidential power. He has long expressed an expansive view of executive authority, believing that presidents wield near-absolute power. With few political or legal constraints in his way, Trump’s return to the White House in January may usher in an administration with significantly fewer checks on its influence. During his first term, Trump had already begun dismantling traditional guardrails, and his legal maneuvers since have only emboldened his approach to authority.
Shaping a Presidency Free of Constraints
Trump’s assertive leadership style may now face even less resistance within his party. Over the years, he has effectively silenced opposition within the GOP, marginalizing those who challenge his “Make America Great Again” ideology. As Republicans aim to maintain a majority in the House—having already regained the Senate—they are poised to support Trump’s agenda with minimal dissent. No other president has assumed office with such a supportive Supreme Court ruling favoring presidential immunity, a legal shield that stems from Trump’s past legal battles and that he is likely to interpret expansively.
Trump Claiming Democratic Legitimacy for Sweeping Authority
Trump’s reelection was bolstered by increased support across multiple demographic groups, allowing him to claim a broad mandate for his agenda. Former Republican Rep. Adam Kinzinger observed that Trump’s voter base seems to endorse his approach to wielding power without limits. After securing the Electoral College majority, and potentially the popular vote, Trump considers this a resounding mandate to pursue his policy goals unfettered. At his Mar-a-Lago victory event, Trump framed this endorsement as a public mandate for a presidency free from traditional restraints.
Trump Circumventing Legal and Constitutional Constraints
In his first term, Trump faced two impeachments and frequent legal challenges, none of which curtailed his executive ambitions. Republican lawmakers’ unwillingness to convict him in the Senate, and their recent electoral success, suggest limited internal resistance from Congress. With loyal allies like Rep. Marjorie Taylor Greene warning against dissent, Trump’s approach to executive power will likely meet little resistance from his own party. His reelection may also shield him from ongoing investigations and prosecutions, as federal legal cases face limitations when involving sitting presidents.
Influences from Foreign Authoritarians and Historic Context
Trump has drawn inspiration from foreign leaders who have maintained strong authoritarian rule, such as Russia’s Vladimir Putin, China’s Xi Jinping, and Hungary’s Viktor Orbán. In previous speeches, Trump praised these figures’ centralization of power, asserting that strength in leadership is essential. His perception of executive power was previously encapsulated in his 2019 assertion, “I have an Article II, where I have the right to do whatever I want as president.” While conventional interpretations of Article II do not imply unrestrained authority, Trump’s perspective has set a tone for his presidency.
The Role of Resistance in Preserving Democratic Norms
Despite these shifts, checks on Trump’s power remain possible through congressional oversight and the judiciary. A Democratic-controlled House would provide a counterweight, though it currently appears unlikely. Courts could also challenge his immigration policies and other executive actions, though Trump-appointed judges and a conservative Supreme Court may align with his agenda. Legal scholars, like Corey Brettschneider, caution that the concentration of power Trump envisions threatens democratic norms. Brettschneider highlights historical instances of citizens and political institutions rallying against overreaching leaders, which, he argues, may be needed to safeguard American democracy in the future.
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