Qa Can Congress and Courts Still Check Trumps Executive Overreach

Trump’s Record-Breaking Executive Orders: A Threat to Balance of Power?

Trump’s Record-Breaking Executive Orders: A Threat to Balance of Power?

Since taking office on January 20, 2025, U.S. President Donald Trump has signed over 150 executive orders in just over four months. This aggressive use of executive power is unprecedented in U.S. history, outpacing his predecessor Joe Biden, who signed 162 executive orders during his entire four-year term.

Trump’s executive orders cover a wide range of policy areas, including trade, tariffs, immigration, and border security. Many are concerned that this method of governance bypasses Congress and challenges the traditional system of checks and balances that defines the U.S. government.

We spoke with two experts to understand the implications of Trump’s actions: Mitchel Sollenberger, a political science professor at the University of Michigan-Dearborn, and David Super, a law professor at Georgetown University Law Center.

An Unprecedented Use of Executive Power

“I don’t believe we have seen anything like this in the history of the presidency,” said Sollenberger. While past presidents have issued executive orders, the sheer volume and scope of Trump’s orders are alarming. Sollenberger emphasizes that it’s not just the number but the content, as many of these orders push the boundaries of constitutional authority.

Super agrees, noting that Trump’s actions are shifting the U.S. from a system of three co-equal branches of government to a strong presidential system. “This fundamentally changes the country’s method of governance,” he said.

Legal Challenges Mount

According to reports, the Trump administration has faced over 200 domestic lawsuits since January 20. Sollenberger believes this is a natural result of the administration’s aggressive and unilateral actions that are legally questionable. “We are seeing the implications of decades of expansion of presidential power by Trump’s predecessors,” he said.

Super points out that many of Trump’s actions have defied the Constitution, forcing courts to intervene despite traditionally avoiding interference with executive decisions. “We do not yet have a full sense of whether the Supreme Court will attempt to rein in President Trump’s unlawful actions,” he added.

Checks and Balances Under Strain

The U.S. system relies on checks and balances among the executive, legislative, and judicial branches. However, both experts agree that Congress and the courts have struggled to restrain Trump’s executive overreach. Partisan divisions and long-standing trends of increasing presidential power have weakened Congress’s ability to act as an effective counterbalance.

“Partisanship has resulted in members of Congress rallying around their president and not taking seriously their institutional responsibilities,” said Sollenberger. Super notes that although existing laws already prohibit many of Trump’s actions, Congress has been reluctant to criticize him directly due to his strong hold on his party.

Long-term Implications

The lasting impact of Trump’s governance model remains uncertain. Sollenberger worries that if unchecked, it could lead to a constitutional crisis where the fundamental governing compact breaks down. “I’m not sure how one could after Trump put the presidency back under the Constitution,” he said.

Super believes that Trump’s disregard for constitutional norms could prevent any reconstruction of the system even after he leaves office. “The result could either be a new constitutional consensus backed by laws to prevent a recurrence of President Trump’s actions or further divisiveness and instability,” he warned.

What’s Next?

The coming months and years will be pivotal in determining whether the traditional checks and balances can be restored. As legal battles continue, the role of the courts and Congress in upholding constitutional principles is more critical than ever.

For young people around the world watching these developments, the situation serves as a reminder of the importance of democratic institutions and the rule of law.

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