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Congress’ power has been diminishing for years, leaving Trump to act with impunity

35 17
19.01.2026

A year into US President Donald Trump’s second term, his record use of executive orders, impoundment of government spending, and military interventions in Venezuela and Iran have sparked criticisms from Democrats and even some Republicans. They say he is unconstitutionally sidelining Congress.

As Trump increasingly wields his power unilaterally, some have wondered what the point of Congress is now. Isn’t it supposed to act as a check on the president?

But the power of the modern presidency had already been growing for decades. Successive presidents from both parties have taken advantage of constitutional vagaries to increase the power of the executive branch. It’s a long-running institutional battle that has underwritten US political history.

The years-long erosion of Congress’ influence leaves the president with largely unchecked power. We’re now seeing the consequences.

Congress is made up of the House of Representatives and the Senate. Under the US Constitution, it’s the branch of the government tasked with making laws. It’s supposed to act as a check on the president and the courts.

It can pass legislation, raise taxes, control government spending, review and approve presidential nominees, advise and consent on treaties, conduct investigations, declare war, impeach officials, and even choose the president in a disputed election.

But the Constitution leaves open many questions about where the powers of Congress end and the powers of the president begin.

In a 2019 ruling on Trump’s tax returns, the judge commented:

disputes between Congress and the President are a recurring plot in our national story. And that is precisely what the Framers intended.

Relative power between the different branches of the US government has changed since independence as constitutional........

© The Conversation