From the start of his second term, Donald Trump has pursued a presidency defined not only by sharp rhetoric and personal grievances but by an expansive attempt to consolidate power in the White House. What often appears to be a chaotic stream of attacks against universities, celebrities, corporations, and courts may in fact reflect a unified strategy: to weaken, if not fully dismantle, the system of checks and balances that has defined American governance since the Constitution’s founding.
In recent months, Trump has attacked a range of institutions and individuals—from attempting to block Harvard from enrolling international students to targeting Bruce Springsteen and Taylor Swift online, and pressuring companies like Walmart and Apple over their trade policy positions. On the surface, this might seem like political improvisation. But many legal scholars and political scientists argue that Trump’s actions aim to erode the very foundations of constitutional governance.
According to these experts, Trump’s second term differs from previous presidencies not just in degree but in kind. While past presidents have tested the boundaries of executive authority, Trump’s efforts appear to combine multiple unprecedented moves—sidelining Congress, challenging judicial rulings, asserting sweeping executive control, and using federal power to penalize perceived enemies in civil society.
Paul Pierson, a political scientist at the University of California at Berkeley, says the “sheer level of aggression and the speed at which [the administration has] moved” is without precedent. “They are engaging in a whole range of behaviors that I think are clearly breaking through conventional understandings of what the law says, and of what the Constitution says,” Pierson remarked.
Yuval Levin of the American Enterprise Institute also acknowledges that Trump is advancing the most sweeping vision of presidential authority since Woodrow Wilson. However, Levin predicts that this effort could provoke a counter-reaction, particularly from the Supreme Court, which may seek to reassert limits on presidential power. “The reaction that Trump’s excessive assertiveness will draw from the Court will backfire against the executive branch in the long run,” Levin wrote.
Others aren’t so sure. With the Court’s conservative 6-3 majority, many analysts question whether it will truly rein in Trump’s efforts to expand his authority—raising concerns that America’s constitutional balance might be in serious jeopardy.
A Multi-Front Assault on Constitutional Boundaries
Unlike past presidents who typically challenged one branch of government at a time, Trump’s second term has been marked by a comprehensive campaign to sideline all constitutional constraints simultaneously.
He has marginalized Congress by undermining agencies established by statute, asserting the right to withhold funds Congress has authorized, and bypassing the legislative process to enact major policies—such as on tariffs and immigration—via emergency declarations. He’s refused to enforce laws he dislikes, including the Foreign Corrupt Practices Act, which bans American firms from bribing foreign officials.
Within the executive branch, Trump has centralized control through purges of civil servants, inspectors general, and independent regulators—blurring the boundaries between independent oversight and presidential authority. These actions have simultaneously weakened the authority Congress originally built into those agencies to shield them from political interference.
Trump has also challenged judicial authority. He’s resisted federal court orders, such as restoring federal funds and complying with rulings on immigration enforcement. One case involved Kilmar Abrego Garcia, a deported immigrant the administration admitted was wrongly removed, yet Trump’s government showed little effort to obey the court’s directive to facilitate his return.
Federalism, too, has been under pressure. Trump’s administration has sought to override blue states by enforcing conservative cultural policies nationwide. He’s pursued controversial arrests of local officials, including a judge in Wisconsin and a mayor in New Jersey. Though charges against the Newark mayor were dropped, a new case was filed against Democratic Representative LaMonica McIver—another sign of Trump’s willingness to use federal power against political opponents.
Even more extraordinary is Trump’s assault on civil society. His administration has targeted law firms with Democratic ties, withheld research funds from universities over ideological disagreements, and tried to revoke their tax-exempt status. Trump has even ordered the Department of Justice to investigate the Democratic fundraising platform ActBlue and critics from his first term. Courts have already rejected some of these actions as unconstitutional.
Eric Schickler, co-author of Partisan Nation, says Trump’s strategy to deter other actors from performing their core roles is unprecedented in its scope. “This ability to just deter other actors from exercising their core rights and responsibilities at this kind of scope is something we haven’t had before,” Schickler said.
Yet for many of Trump’s supporters, this aggressive centralization of authority is precisely the point. Russell Vought, director of the Office of Management and Budget and a key architect of Trump’s governance philosophy, argues that the expansion of presidential power is necessary to undo decades of liberal influence. He contends that bureaucrats and federal agencies have usurped too much authority from elected officials, and the presidency must be “unshackled” to correct that.
Trump put it more bluntly in his first term when he said, “I have an Article II, where I have the right to do whatever I want as president.”
Warnings Echo from the Founding Era
In a nod to American revolutionary tradition, Trump earlier this year signed a proclamation honoring Patrick Henry’s famed “Give me liberty or give me death” speech. However, he omitted a lesser-known but prescient warning from Henry, issued 13 years later when debating the Constitution’s ratification.
Henry feared that the presidency could become a tool for authoritarianism. “If your American chief, be a man of ambition, and abilities, how easy is it for him to render himself absolute!” Henry warned. His concerns about the potential for executive abuse were echoed by other Founders, even those who supported the Constitution.
James Madison, writing in the Federalist Papers, argued that the Constitution’s design would prevent tyranny by dividing power across institutions and levels of government. “Ambition must be made to counteract ambition,” he wrote. Madison believed this system, bolstered by federalism, would safeguard individual liberty through what he called a “double security.”
Despite the Constitution’s flaws—most egregiously its original accommodation of slavery—the separation of powers functioned relatively well for over two centuries, Pierson and Schickler argue. The diffusion of authority helped prevent any single individual or group from consolidating power.
But the system has weakened in recent decades, as growing polarization and nationalized political identities have eroded the commitment of officeholders to their institutional roles. Instead of defending the prerogatives of Congress, courts, or states, many officials now align themselves primarily with their political party. This shift has reduced the likelihood that members of a president’s party will challenge overreach, enabling figures like Trump to push boundaries further than ever before.
A Fragile System Faces an Uncertain Future
Will Trump’s second term mark a turning point in American constitutional history—one in which presidential power overwhelms the traditional system of checks and balances?
That question is no longer academic. Corey Brettschneider, author of The Presidents and the People, notes that past challenges to civil liberties—from John Adams to Richard Nixon—have often triggered successful public resistance. But even he expresses doubt that such outcomes are guaranteed in today’s polarized climate. “We have these past victories to draw on,” Brettschneider said. “But we shouldn’t be naïve: The system is fragile. We just don’t know if American democracy will survive.”
Yuval Levin remains somewhat more optimistic. He sees the Supreme Court as the last likely counterweight to Trump’s ambitions. While he acknowledges that Congress is unlikely to resist, he believes the Court will ultimately differentiate between a president’s authority over the executive branch and overreach into other branches and civil society.
“So this court will simultaneously strengthen the president’s command of the executive branch,” Levin predicts, “and restrain the president’s attempts to violate the separation of powers.”
Still, even that vision suggests a presidency transformed—and a constitutional system facing a stress test unlike any in modern times.