The American presidency has reached a historic peak in concentrated authority, fundamentally altering the balance of power between the executive branch, Congress, and the judiciary. According to Hilmar Mjelde, a professor of political science at Høgskulen på Vestlandet, this expansion of executive reach—characterized by the aggressive use of presidential orders and the exertion of control over independent federal agencies—has created a precedent that may outlast any single administration.
The Evolution of Presidential Power and Executive Orders
Modern presidential authority has been on an upward trajectory since the 1930s, but recent actions have accelerated this trend. On his first day in office, Donald Trump signed 26 presidential orders, more than any new president has done on their first day in modern time, according to reports. While some, such as an order attempting to limit birthright citizenship, were blocked by federal courts as unconstitutional, the volume of these directives signals a shift in how the White House interacts with the legislative process.
Did you know?
The balance of power in the U.S. government relies heavily on unwritten rules and presidential restraint. Mjelde notes that because these norms are not legally binding, a president who ignores them can effectively “stress test” the entire democratic system.
Shifting Authority Over Federal Agencies
The relationship between the executive branch and independent regulatory bodies has undergone significant change. In June, the Supreme Court granted the president broader authority to remove heads of independent federal agencies. Shortly thereafter, this power was used to remove two Democratic members of the Election Assistance Commission.
The Role of the Judiciary and Legislative Checks
The U.S. system of checks and balances remains active, though its efficacy is under scrutiny. Federal courts have successfully blocked attempts by the administration to freeze congressionally appropriated funds, serving as a critical check on executive overreach. However, Mjelde points out that the current composition of the Supreme Court, which includes a majority of justices who favor a strong executive, complicates this dynamic. The central tension remains: if Congress and the courts fail to assert their institutional independence, the president risks becoming a virtually autonomous actor within the political system.
Pro Tip: Tracking Executive Actions
Is American Democracy at Risk?
According to Mjelde, the U.S. is not currently in a state of democratic collapse, but the continued disregard for established political norms poses a risk. If a president refuses to accept electoral defeat, the U.S. could face a trajectory similar to countries like Hungary, where democratic institutions have been systematically weakened. For now, the system remains under stress but intact, as the courts continue to provide a measurable check on executive actions.
Frequently Asked Questions
- What is the primary check on presidential orders?
The primary check is the federal court system, which can declare presidential orders unconstitutional or illegal if they exceed the president’s authority. - Why does the “unwritten rule” of restraint matter?
The American system of government depends on presidents choosing not to use the full extent of their theoretical power to ensure that Congress and the judiciary maintain their influence. - How has the Supreme Court influenced presidential power recently?
The Court has issued rulings that increase the president’s ability to dismiss officials in independent agencies, granting the executive branch more direct control over the federal bureaucracy.
How do you view the current balance of power in Washington? Share your thoughts in the comments below or subscribe to our weekly policy briefing for more analysis on the state of American governance.
Related reading