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Trump stretching president's powers to the limit

Western Mail

|

April 25, 2025

IN LESS than 100 days, Donald Trump's second term has proved the most disruptive and transformative start to a US presidency ever. Using executive orders and mass firings, he has moved quickly on his far-reaching agenda to consolidate his power.

Mr Trump has actually signed fewer bills into law at this point than any new president for seven decades. But he has signed 124 executive orders (which don't need congressional approval). Joe Biden signed 162 of these over his whole term.

Executive orders are a way of pushing through a presidential directive, usually based on existing statutory powers, without it going to a vote. So far, these have covered issues from energy policy to TikTok's ownership.

Using this tactic, Mr Trump has stretched his authority far more in just a few months than any recent president.

While the President may issue executive orders, he cannot create laws without the support of Congress. This has led, in part, to the launch of lawsuits regarding the statutory basis of some of these orders. Some are now going through the federal courts on constitutional and lawfulness grounds.

But the Supreme Court can also review and overturn executive orders that lack legal authority. These orders cannot contradict or supersede existing laws passed by Congress, or violate the US constitution.

A system of checks and balances that prevents US presidents from becoming too powerful is facilitated by the "separation of powers" which is written into the US Constitution.

The legislative (members of Congress), executive (president) and judiciary (the courts) are all separate bodies in part to prevent an overconcentration of power in any one body or person.

The US Congress has a key supervisory role through its two chambers, the House of Representatives and the Senate, which work together to pass laws. But there are many reasons why this President may not be that concerned by these constitutional safeguards.

The Democratic opposition is in an exceptionally weak position to take on Mr Trump. It is in the minority in both the Senate and House of Representatives, and is routinely outvoted by the Republicans.

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