Donald Trump believes the presidency carries near-absolute power. If re-elected, few obstacles may constrain him legally or politically.
His decisive victory over Vice President Kamala Harris turned the hypothetical—his potential for autocratic governance—into a tangible reality. Armed with authority from his first term and ongoing efforts to bypass constraints, Trump’s position in January will be stronger than ever.
While Trump may not automatically act with unchecked power, his history suggests otherwise. Throughout his career, Trump has consistently dismantled limitations on his authority, showing no signs of changing this approach.
Consolidating Political Power
Trump’s dominance over the Republican Party ensures limited resistance to his agenda. He has eliminated dissenters within the GOP, securing control over party ranks. With Republicans likely controlling the Senate and possibly the House, Trump could govern with unprecedented freedom.
Adding to this advantage, Trump enters his second term shielded by a Supreme Court ruling granting broad immunity for presidential actions. This decision, stemming from Trump’s earlier legal battles, could protect him from future legal challenges. His reshaped judiciary may also act as a “rubber stamp” for his decisions, expanding his potential power.
Trump’s electoral win bolsters his claim to legitimacy. Unlike his first term, he now holds a stronger mandate, increasing his voter base across key demographics. Former Rep. Adam Kinzinger bluntly stated, “The American people voted for basically this unchecked power.”
During his victory speech, Trump declared, “America has given us an unprecedented and powerful mandate.” Though he denies autocratic intentions, his proposals—like mass deportations and prosecuting opponents—indicate otherwise.
Trump’s Record of Evading Accountability
Trump’s governance style relies on ignoring legal and constitutional limits. His two impeachments, one for withholding aid to Ukraine and another for inciting the Capitol riot, failed to constrain him. Senate Republicans’ refusal to convict revealed impeachment’s ineffectiveness when a party aligns with an extreme leader.
During his first term, occasional dissenters like Senator John McCain challenged Trump. Now, such resistance is absent. Figures like Rep. Marjorie Taylor Greene ensure opposition within the GOP is swiftly punished.
Trump’s return to power likely shields him from future legal consequences. Federal investigations into his 2020 election interference and document mishandling face significant hurdles. State cases may also falter, emboldening him further.
The Reach of Executive Power
Trump’s ability to stretch executive authority raises alarm. Political science expert Corey Brettschneider warns of the real danger posed by unchecked presidential power. Trump’s admiration for authoritarian leaders like Putin and Xi Jinping reflects his governing philosophy.
In 2019, Trump stated, “I have an Article II, where I have the right to do whatever I want as president.” While Article II does not grant absolute authority, Trump acts as though it does.
Self-restraint is a critical check on presidential power, but Trump has shown little regard for norms. Without concerns about re-election, his second term may see even fewer limitations on his actions.
Democratic oversight in Congress could challenge his policies, but with Republicans likely controlling the House, this check may weaken. Courts could delay or block his measures, yet a conservative judiciary might limit their effectiveness. Trump may also appoint loyalists to key government positions, avoiding earlier missteps in hiring dissenters.
Can Democracy Contain Trump?
Ultimately, institutional checks rely on a president’s willingness to respect them. Trump’s history of ignoring constraints, combined with his broad mandate, suggests he may govern without limits.
The U.S. founders envisioned presidents acting in the public interest, constrained by democratic norms. When a leader actively undermines these principles, democracy faces significant risks. Whether institutions can restrain Trump’s power remains a critical question for the nation’s future.
