Scholars Question 1787 Constitution's Checks on Presidential Power in Trump's 2nd Term
Updated
Updated · The New York Times · May 25
Scholars Question 1787 Constitution's Checks on Presidential Power in Trump's 2nd Term
2 articles · Updated · The New York Times · May 25
Constitutional scholars say Donald Trump's second presidency is testing whether the U.S. Constitution still restrains executive power as the framers intended.
The debate centers on a charter written in 1787 to create a strong president without enabling monarchy, a balance some experts now say may be proving inadequate.
Benjamin Franklin warned at the Constitutional Convention that executive power would keep expanding "till it ends in a monarchy," while Alexander Hamilton argued the greater danger could come from populist demagogues turned tyrants.
As the United States approaches its 250th anniversary, the renewed scrutiny casts the world's oldest written national constitution still in force as a live question rather than settled design.
Can an 18th-century constitution effectively limit a 21st-century president's power?
Do constitutional checks on executive surveillance still effectively protect individual liberties in the digital age?
Unprecedented Expansion of Executive Power: The Erosion of U.S. Constitutional Checks and Democratic Decline, 2025-2026
Overview
Between 2025 and early 2026, the U.S. Constitution’s checks and balances faced unprecedented strain as President Trump’s administration escalated executive actions. The Supreme Court shifted its posture, increasingly siding with the President’s assertions of power and allowing his policies to take effect through its emergency docket. This led to the executive branch largely achieving its objectives, while traditional checks and balances weakened. As a result, the anticipated constitutional showdown was averted not by institutional resilience, but because the mechanisms meant to limit executive power were no longer holding firm.