Since reassuming office in January, Trump has signed over 60 executive orders aimed at restructuring the government and redefining the United State’s role on the global stage. His aggressive foreign policy, crackdown on illegal immigration and push to dismantle federal agencies have raised serious concerns, reflecting an administration that appears to disregard the Constitution and the balance of powers.
During his first term, Trump secured a conservative majority in the Supreme Court by appointing Justices Amy Coney Barret, Brett Kavanaugh and Neil Gorsuch. Simultaneously, conservative ideology has become increasingly dominant throughout the Senate, House and Congress. As the nation’s most important political systems lean more conservative, Trump’s power may go unchecked, creating uncertainty for the future of American democracy. With key branches of government aligned with his agenda, the question remains: what will become of the checks and balances meant to preserve democratic integrity?
The federal courts may be the last defense in maintaining the democratic balance of power.
Federal judges have already challenged some of Trump’s executive orders, questioning their constitutionality. As Trump attempts to target undocumented immigration through every sphere, he sought to enact legislation that would end birthright citizenship for children of undocumented parents, arguing that the Fourteenth Amendment has never applied to them, as they are not “subject to the jurisdiction of” the United States. In response, U.S. District Judge Leo Sorokin became the fourth judge to issue a preliminary injunction to temporarily block the order, citing that the Constitution broadly applies and guarantees birthright citizenship. Judge Sorokin’s ruling emphasized the Trump administration’s executive overreach and its violation of the Citizenship Clause of the 14th Amendment.
Judge Sorokin further noted that the executive order imitates historical injustices, such as the Dred Scott v. Sandford decision, where the Supreme Court issued a ruling excluding and denying constitutional protections to enslaved people. Similarly, Trump’s order targets children of undocumented parents, perpetuating discriminatory rhetoric and attempting to strip them of their constitutional rights. The judge’s swift response sent a clear warning to Trump and his administration.
Other politicians have publicly criticized his actions and supported the judge’s sanctions. Massachusetts Attorney General Andrea Campbell stated, “President Trump may believe that he is above the law, but today’s preliminary injunction sends a clear message: He is not a king, and he cannot rewrite the Constitution with the stroke of a pen.” The early days of Trump’s second term signal that tensions between the executive and judicial branches will likely remain consistent throughout the next four years.
Another legal challenge emerged when Rhode Island’s federal judge, John J. McConnell Jr., ruled that the Trump administration defied his order to release billions of dollars in federal grants and loans. In response, Harrison Fields, the White House spokesperson, dismissed the ruling as “an attempt to undermine the will of the American people,” insisting that “each executive order will hold up in court because every action of the Trump-Vance administration is completely lawful.” This rhetoric signals a troubling disregard for judicial authority, setting a dangerous precedent where this administration views constitutional limitations as an attack on executive power. Trump’s disregard for judicial authority and his administration’s unwavering loyalty is a dangerous combination that risks the stability of America’s democracy.
Amid troubling executive actions and attempts at reframing the Constitution to fit a regressive agenda, upholding the system of checks and balances is more important than ever. The ongoing struggle between the executive and judicial branches reflects a broader threat to American democracy, where constitutional integrity, transparency and accountability are at stake. As the Trump administration continues to push the boundaries of presidential power, the federal courts may serve as the final defense for the rule of law and constitutional protections. If Trump’s power remains unchecked, the consequences for American democracy could be irreversible. Its survival relies on the resilience of the nation’s political institutions to restore the balance of power, ensure the country’s stability and protect its freedoms.
