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Author: Cindy May, Lecturer in Politics (US Politics), Lancaster University
Original article: https://theconversation.com/as-trump-remakes-america-where-is-congress-251927
During his first weeks in office, Donald Trump has implemented a shock and awe strategy to overhaul the US government and its foreign policy. Notable changes include closing longstanding executive agencies, including USAid and the Consumer Financial Protection Bureau.
Other big ticket shake-ups include the planned closure of the Department of Education, freezing most foreign aid, imposing tariffs on close allies and suspending military aid to Ukraine – although this last plan has been reversed following the signing of a ceasefire deal on March 11.
Nearly all his policies were enacted through executive orders, with no Congressional involvement.
While the White House has been busy remaking the US government, Congress has focused on confirming Trump’s cabinet nominations and trying to pass a budget extension that reflects the administration’s spending priorities.
It has also sat for routine hearings. But it has not exercised its constitutional powers to check the president, instead relegating itself to a secondary support role. Congressional Republicans have demonstrated remarkable loyalty to Trump – even at the expense of their own Congressional power and possible electoral prospects.
While Trump’s second term is stretching presidential power to new limits, his approach is actually the culmination of a decades-long trend. Executive power grew at the expense of legislative power throughout the 20th and 21st centuries.
During times of war and crisis, Congress has tended to grant the president broader powers. We saw this during the Vietnam War with the Gulf of Tonkin resolution, which authorised then president Lyndon Johnson to expand US involvement in the conflict. And again, after the 9/11 attacks with the Authorization for Use of Military Force (AUMF). Both resolutions gave the president of the time far-reaching power to undertake military action without Congressional oversight.
But after the crises passed, the extension of presidential power was not ceded back to Congress, leading to a power imbalance between the executive and legislative branches. This resulted in what US historian Arthur M. Schlesinger Jr, called “the imperial presidency” in a 1973 study.
Traditionally, executive policy dominance was primarily in the realm of foreign and military policy, while Congress was on more of an equal footing when it came to domestic policy. However, Trump has dominated in both areas. This may set a further precedent that could erode Congressional power in the long term.
Congress has been complicit in the weakening of its authority under Trump. Senate Republicans pushed through the confirmation of Trump’s cabinet nominees with little scrutiny – including Robert F. Kennedy Jr. as health secretary, despite his controversial views on vaccines and other issues.
The department of government efficiency (Doge), headed by Elon Musk, fired federal workers, shuttered executive agencies, and revised budget priorities without consulting Congress. Congress has made little effort to exercise oversight.
The White House froze foreign aid allocated by Congress, undermining Congress’s constitutional budget powers, known as the “power of the purse”. The US Supreme Court ultimately rejected the administration’s freezing of the aid, but the judicial challenge came from NGOs and businesses, not Congress.
Meanwhile attempts by House Republicans to pass a stopgap budget extension would surrender more Congressional power. The extension, known as Continuing Resolution, removes earmarks from the budget that designate the use of the funding.
If adopted, it will relinquish much of Congress’s ability to control how the funds are spent. But Senate Democrats are threatening to deny the Republicans the 60-40 supermajority they need to pass the legislation. If they follow through, it could mean a potential government shutdown on Friday.
Muted opposition from lawmakers
Despite this eroding of Congressional power, Senate and House Republicans are reluctant to publicly challenge the president. While Democrats have been vocal about criticising the president’s policies, their minority position in the House and the Senate limits their ability to mount meaningful opposition.
Any opposition from Republicans has been restricted to back-channel lobbying with the White House. This has garnered some success for Republicans. Democrats, meanwhile, have struggled to have their concerns addressed through the same methods.
EPA-EFE/Graeme Sloan
Republicans have asked the administration for more involvement in Doge cuts, which has resulted in more communication with Musk – though no formal oversight has been established. They have also asked for the cuts to be codified into law. This would make them permanent and give Congress more control, but so far it has not happened.
Republicans have also been successful in persuading the administration to reverse some Doge decisions, including rehiring fired USDA workers, addressing avian flu, reinstating some funding and services in their districts, and rehiring fired Veteran’s Affairs workers.
However, the ability to affect policy seems to depend on the individual’s access to the White House. The discretionary granting of the requests highlights Congress’ insignificance in the executive-dominated process.
Congressional Republican’s support for Trump’s policies has not wavered despite increasing opposition from the American public. Doge firings and cuts to domestic grants and aid programmes have sparked public resistance. Americans are also concerned about future cuts to Medicaid and Medicare that will likely be necessary with the proposed budget.
Republican members of Congress have received so much opposition during town hall meetings that the National Congressional Republican Committee has advised against holding them in person. This public disapproval could harm Republican electoral prospects in the 2026 midterm elections, especially in contested districts.
The steadfast Republican support for Trump shows the hold that he and his populist base have on the party. Republicans are reluctant to oppose Trump for fear of becoming a target. Given the president’s history of retaliation against those who oppose him – and his threats to do so even before the 2024 election, it leaves little hope that Congressional Republicans will try to rein in his unchecked executive power any time soon.
That could have permanent consequences for Congressional power and the system of checks and balances in the US government.