President Donald Trump’s second term has launched with a flurry of executive actions and sweeping policy shifts that legal experts say are testing the limits of presidential authority.
A Presidency Driven by Executive Orders
In just his first 100 days, Trump has signed more than 130 executive orders—more than any president in nearly nine decades. His actions include freezing federal regulations, slashing environmental protections, exiting an international climate agreement, and attempting to dismantle agencies like the Department of Education.
“He’s trying to do government by executive order on a whole range of issues,” David Schultz, a constitutional law professor, told ABC News. Critics argue this marks a shift from normal governance to what one expert called “government by decree.”
Legal Theories and National Emergencies
Trump has embraced a controversial conservative theory that the Constitution gives the president sweeping control over the federal government. He has declared at least eight national emergencies to advance his immigration and economic agendas.
Among the most contentious uses of emergency powers:
- The 1798 Alien Enemies Act was used to deport Venezuelan migrants.
- The 1977 International Emergency Economic Powers Act served as justification for new tariffs on major U.S. trading partners—despite lacking congressional support.
Elizabeth Goitein of the Brennan Center called this approach “unprecedented,” warning that the sheer scale and legal justification of Trump’s actions go beyond any previous administration.
Targeting Opponents and Gutting Institutions
Trump’s critics accuse him of using presidential power to punish political enemies. He has:
- Ordered investigations into former officials who criticized him.
- Signed executive actions aimed at specific law firms.
- Fired civil servants en masse, undermining the independence of federal agencies.
He has also moved to eliminate diversity, equity, and inclusion (DEI) programs throughout government.
A Fragile System of Checks and Balances
While the judiciary has challenged several Trump initiatives, Congress has largely stayed silent. Despite GOP control of both chambers, few Republicans have spoken out. Sen. Lisa Murkowski acknowledged that “retaliation is real” for those who dissent.
Trump’s rhetoric has intensified tensions with the courts. He’s called judges “radical” and pushed the idea that lower court rulings could be ignored, though later claimed he would follow Supreme Court decisions. Chief Justice John Roberts issued a rare public rebuke in response.
Judiciary in the Crosshairs
The arrest of a Milwaukee judge accused of obstructing immigration agents marked a new low in executive-judicial conflict. When asked if more action could be taken against federal or Supreme Court judges, the White House left the door open.
“He thinks he can either ignore or bully his way through,” said Schultz.
A Warning for Democracy
Experts fear that if Trump’s approach becomes the norm, it could permanently damage the system of checks and balances. “If this is the new normal, then we can say goodbye to democracy,” said Goitein.
As Trump continues to govern by executive power, constitutional scholars warn the balance between branches of government may be slipping beyond repair.
Keep up with Trump’s administration with us on Que Onda Magazine.