What are the political and institutional mechanisms that can curb his desire for unlimited power?
By Milena GABANELLI
In recent days, a photo of the President of the United States of America wearing a monarch’s crown appeared on the White House website. Another provocation that should be taken seriously. Is Trump destroying American democracy? What are the political and institutional mechanisms that can curb his desire for unlimited power? The American constitutional system is based on a balance between the executive power, that is, the President; the legislative power, namely the Congress, consisting of the House and the Senate; the judicial power, formed by the judiciary. One of the founding fathers of the Constitution, Alexander Hamilton, wrote in 1789 in The Federalist magazine “The executive draws the sword; the legislature holds the purse; the judiciary, on the contrary, has no influence on either the sword or the purse… all that judges can do is… judge”. These are the historical foundations of the so-called “system of checks and balances”: the backbone of democracy in the US.
COMPETENCES OF THE CONGRESS
The most important protection of the executive branch is, therefore, Congress, or the legislative branch, which is not coincidentally the first institution described in the Constitution. Congress regulates the federal state’s income and expenditures and passes laws, which must, however, be promulgated by the President. Congress can dismiss and remove the occupant of the White House through impeachment proceedings. The Senate also ratifies the most important appointments made by the president: ministers, Supreme Court justices, federal judges, heads of the CIA, FBI, Antitrust, Federal Reserve and more. In theory, then, the counterbalance seems effective. But the reality of the Trump era tells a different story.
The Republican Party has always stood by Donald Trump without reservation, turning a blind eye even to obvious wrongdoing. The most sensational example dates back to February 2021, when Republicans voted against impeaching the President, denying any responsibility for the attack on Capitol Hill on January 6. If convicted, Trump would no longer be eligible to run for the White House and, most likely, federal judges would have sent him to prison.
ALL VOTES “YES” FOR THE PRESIDENT
Today, Republicans, almost all of whom are loyal Trumpians, control both the House and the Senate, and all of Trump’s nominations have been ratified, even the most controversial ones. Trump’s nominations have all been ratified without a hitch, including controversial figures like Holocaust denier Robert Kennedy Jr. at Health, Pete Hegseth, accused of sexual harassment, at the Pentagon, and Tulsi Gabbard, suspected of special ties to Russia, at the head of “National Intelligence.” So the congressional filter is breaking down, and another crucial test could come soon. In November 2024, Congress passed a law that prohibits the president from withdrawing from NATO without the consent of a two-thirds vote of the Senate or a bill passed by both chambers. But experts say Trump could circumvent the rule by invoking the president’s powers in foreign policy. Will Congress hold its ground? Lindsey Graham, one of the most prominent Republican senators, says yes. We’ll see.
THE UNBREAKABLE BORDER
There is also a crucial counterweight to constitutional changes. In Washington, it is said that Trump would be tempted to change the two-term presidential limit, established by the 22nd Amendment (ratified in 1951). But it requires two-thirds of the “yes” votes in the House of Representatives and Senate, and then ratification by three-quarters of the 50 states, or 38 out of 50. These are quorums that are beyond the reach of Republicans, both in Congress and at home, where they control (the governorship plus the House of Representatives) 23 out of 50 states.
JUDICIAL POWER
The American judicial system is divided into two independent spheres: state and federal. Here we are interested in the latter, that is, the apparatus that can block the president’s measures if they are judged to be contrary to federal laws or the Constitution. In total, there are about 1 federal judges, with various functions. Those who play a counterweight role are 770, distributed among 677 courts of first instance (“district courts”) and 94 courts of appeal (“circuit courts”). These 13 magistrates are appointed by the president and confirmed by the Senate. According to figures published by “Ballotpedia”, as of January 677, 1, there were 2025 judges appointed by Joe Biden and 232 appointed by Trump in office.
In the intentions of the Founding Fathers, the appointment of judges by the executive branch was another part of the balance between the different branches of government. The president and the Senate had a role in choosing these figures, who had to have proven profiles and competences, also because the office lasts forever. But over the past 10 years, the justice system has become a quagmire. The political orientation of judges, especially those appointed by Trump, is increasingly important. Therefore, decisions are often contradictory.
APPEAL TO THE HIGH COURT
Several groups, including unions, have asked judges to block about 20 of the more than 70 executive orders signed by the president so far (measures that take effect without passing Congress). Some judges have suspended measures that have caused strong controversy, such as the removal of citizenship rights for children of illegal immigrants or the dissolution of USAID, the agency that provides financial aid to the poorest countries. Some of the cuts planned by the Doge, the Department of Government Efficiency led by Elon Musk, are awaiting trial. Other courts, however, have confirmed the legitimacy of the Doge itself, rejecting complaints that sought to terminate its activity as an informal body, unregulated by law. Democratic-led states represent a formidable “line of resistance” for the White House. States such as California or New York State promote alternative policies to Trump: from immigration to the environment.
HEAD OF THE PENTAGON
The other nerve center is the Pentagon. During the first Trump era, then-Defense Secretary General James Mattis was a trusted negotiator for European partners. This time, however, Trump sent to the Pentagon one of the most controversial figures in the entire administration, Pete Hegseth, 44, a former National Guard officer and, above all, the head of Fox TV, the Murdoch family’s conservative broadcaster. Hegseth’s nomination passed by a single vote in the Senate. His credentials to hold such a high-profile position are nil. Hegseth has also been attacking the US military for years. Some observers, such as the essayist Tom Nichols, argue that the Pentagon is “in chaos.” It is no coincidence that no one from Defense, not the secretary, nor any military advisers, was involved in the negotiations with Putin. Another counterweight that could be undone.
PRO-RUSSIA IN INTELLIGENCE
The same applies to the galaxy of 18 secret service agencies, coordinated by the National Intelligence Service, at the head of which Tulsi Gabbard has arrived. She fought in Iraq and, in 2020, ran as a candidate in the Democratic presidential election. Very close to the leader of the left, Bernie Sanders, she was suddenly struck by Trumpism. The new president rewarded her by assigning her an important post. Gabbard, perfectly connected to Russian propaganda, claims that Putin is not responsible for the attack on Ukraine.
THE HEADS OF THE FBI AND CIA
The FBI leadership, which had caused Trump great problems in 2017, was also softened. Now it is Kash Patel, 44, who had liked Trump for phrases such as “The investigators who persecute Donald are like gangsters.” At the head of the CIA, we find another loyalist, John Ratcliffe, also a supporter of appeasement with Putin. The system of “checks and balances”, therefore, is collapsing everywhere. But this does not mean that American democracy is already dead. We must always remember that in the last election Trump received 77 million votes, but his Democratic opponent Kamala Harris received 74 million.
So half of the United States doesn’t like this president. The country has always been ready to change direction quickly. In two years we’ll be back to the polls to renew the House of Representatives and a third of the Senate. If the Democrats win, at least the balance of power in Congress can move again.
