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How President Trump has challenged a constitutional foundation

WASHINGTON – One year into his second term, President Donald Trump has initiated a rapid and sweeping reconfiguration of executive authority, testing the traditional boundaries of presidential power and reshaping the federal government in ways that have both energized his supporters and alarmed scholars of democratic governance.

The administration's actions, touching everything from congressional oversight to the rule of law and scientific integrity, have been characterized by critics as an unprecedented shift toward authoritarianism. In contrast, the White House and its allies argue the president is exercising a "muscular presidency" explicitly sanctioned by his 2024 election victory and grounded in a broad interpretation of constitutional authority.

As the second year of the term begins, the political landscape remains deeply polarized. While the president maintains strong support from his base, national polls show a majority of Americans disapprove of his performance. This sets the stage for this year's midterm elections, which critics and opponents see as a critical opportunity to re-establish a check on executive power.

Here we examine the key areas where the Trump administration has expanded its authority and challenged the nation's constitutional foundations.

The Executive and a Sidelined Congress

A central feature of the administration's first year has been the deliberate stretching of executive power into domains constitutionally reserved for the legislative branch. Aided by a Republican-led Congress that has often been pliant, the White House has moved aggressively to assert dominance over federal policy and spending.

• The Power of the Purse: The administration has repeatedly pulled back or redirected funds appropriated by Congress for specific programs. This practice, known as impoundment, directly challenges the legislature's constitutional authority to control federal purse strings, a cornerstone of the separation of powers.

• Expansive Use of Tariffs: President Trump has implemented sweeping foreign tariffs on a scale not seen in modern history. While presidents have existing legal authority (such as the Trade Expansion Act of 1962) to impose tariffs for national security reasons, this administration has used that authority in new, expansive ways to enact broad economic policy, effectively bypassing congressional debate.

• Departmental Reorganization: Several federal departments have been remade or seen their core functions demolished without legislative input. These executive-led reorganizations have altered the structure of the federal bureaucracy, consolidating power within the White House.

• Neutralizing Oversight: The administration has systematically removed or sidelined inspectors general from multiple federal agencies. These independent watchdogs are designed to be a crucial internal check on waste, fraud, and abuse, insulated from political influence. Their removal has significantly weakened a key mechanism of executive branch accountability.

Redefining the Rule of Law

A long-standing norm separating the White House from the day-to-day operations of the Department of Justice has been bulldozed, according to numerous legal experts. The administration has also taken a confrontational stance with the judiciary and used its clemency powers in highly controversial ways.

• Politicization of the Justice Department: The White House has openly and repeatedly used the DOJ to pursue a political agenda. This includes public calls for investigations and prosecutions of the president’s political adversaries, eroding the principle of impartial justice.

• The Power of the Pardon: President Trump has liberally used his pardon power to benefit political allies and supporters. Most notably, this has included pardons for individuals convicted of violent crimes and other offenses related to the Jan. 6, 2021, riot at the U.S. Capitol, a move his critics argue condones political violence.

• Clashes with the Judiciary: Federal judges have issued multiple rebukes of the administration, accusing it of defying court orders, particularly in cases related to its aggressive immigration tactics. The administration's legal teams have also been admonished for attempts to consolidate Americans' sensitive personal data against judicial rulings.

A New Information Landscape

The administration has pursued a multi-front campaign to control public information, targeting news organizations, cultural institutions, and academia.

• Pressure on the Media: The president has continued his attacks on news outlets he deems critical, moving beyond rhetoric to action. His administration has defunded public media, made it increasingly difficult for journalists to access government officials, and threatened to use federal power to jail reporters who do not reveal their government sources.

• Controlling the Narrative: The administration has sought to influence the portrayal of American history and culture, pushing for changes in national museums and pressuring higher education institutions. This effort is often supported by the dissemination of information that fact-checkers have identified as misinformation or falsehoods.

• The "Censorship" Visa Policy: In a novel move, the State Department was instructed to reject visa applications from foreign individuals, including artists and academics, based on their alleged roles in "censorship" or criticism of the administration’s allies abroad.

A Shift in Science and Public Health

Federal institutions responsible for public health and scientific research have been upended. Initiatives that long enjoyed bipartisan consensus have been overhauled or defunded.

• Public Health Overhaul: Led by Health and Human Services Secretary Robert F. Kennedy Jr., the administration has overhauled the nation's vaccine policy. Expert advisory panels have been sidelined in favor of a new approach that has slashed the number of recommended childhood immunizations, a move that has been widely condemned by the mainstream medical community.

• Retreat from Global Health: The administration abruptly halted all funding and support for USAID’s global health programs. For decades, these initiatives were credited with saving millions of lives from diseases like AIDS, malaria, and tuberculosis and were a pillar of American soft power.

• Disruption to Federal Research: Key scientific agencies, including the National Institutes of Health (NIH), the National Science Foundation (NSF), and the National Oceanic and Atmospheric Administration (NOAA), have faced significant turmoil, deep funding cuts, and political interference in their research priorities.

The Path Forward

The first year of President Trump's second term has established a new precedent for the exercise of presidential power. The coming months, leading into the midterm elections, will serve as a national referendum on this approach. The outcome will determine whether voters provide a stronger check on the executive branch or deliver a mandate for the president to continue pushing the boundaries of his authority. The stakes, according to observers across the political spectrum, concern the very constitutional foundations of the republic.