Trump’s Assertion of Executive Power: A Potential Constitutional Showdown

President Donald Trump’s embrace of the "unitary executive" theory is raising concerns about the balance of power between the executive, legislative, and judicial branches of the U.S. government. This decades-old legal concept grants the president unprecedented control over the executive branch, potentially setting the stage for clashes with Congress and the courts. While some legal experts fear a constitutional crisis, the White House dismisses these concerns as exaggerated. With Republicans largely silent on the matter, Democratic state officials, federal unions, and employees are challenging the president’s actions in court.

The theory of the unitary executive, rooted in a dissenting opinion by Justice Antonin Scalia, argues that the president has ultimate authority over the entire executive branch. While this idea has gained traction in Republican circles, it has reached its zenith under Trump.

The outcome of these legal battles could reshape the relationship between the three branches of government. Jeremy Paul, a constitutional law professor, notes that while a direct clash between Congress and the president or defiance of court orders has not yet occurred, the administration’s assertions of authority are inconsistent with constitutional tradition.

Since returning to office, Trump has moved quickly to dismantle federal agencies and reduce the federal payroll. Agencies like the U.S. Agency for International Development and the Consumer Finance Protection Bureau have been targeted, with thousands of workers being fired based on recommendations from advisors. Trump has characterized the government as "bloated" and "sloppy," justifying these actions as necessary reforms.

However, Congress has largely remained on the sidelines, leaving Democratic state attorneys general, federal unions, workers, and advocacy groups to file lawsuits against the administration. These lawsuits argue that the president cannot disregard Congress’s authority to authorize and fund agencies and workers.

Philip Bobbitt, a constitutional law professor who supports the unitary executive theory, believes Congress should be more assertive in defending its powers. He suggests that the courts will ultimately resolve these disputes.

Democratic House members have filed arguments in cases challenging Trump’s actions, particularly the dismantling of the Consumer Finance Protection Bureau. They argue that the administration’s actions violate the law and constitutional structure, threatening consumers.

While some Republican lawmakers have expressed concerns, particularly regarding the firing of workers from the agency overseeing nuclear weapons, the party as a whole has not taken steps to rein in Trump.

The Constitution grants Congress the "power of the purse," allowing it to collect taxes and provide for the common defense and general welfare. The Impoundment Control Act of 1974 was passed to bolster this power, allowing the president to identify funds he refused to spend, but requiring Congress’s approval within 45 days.

Trump argues that presidents can still refuse to spend money and has sought to freeze federal grants and loans. He has criticized the Impoundment Control Act as unconstitutional and vowed to challenge it in court if necessary.

Presidents have long sought the power to veto specific provisions in spending bills, but the Supreme Court ruled the line-item veto unconstitutional in 1998.

Federal judges have temporarily blocked some of Trump’s actions, citing a lack of statutory authority. For example, a judge blocked the termination of probationary employees, finding that the Office of Personnel Management lacked the authority to direct such terminations.

Trump and his aides have criticized judges who have blocked his policies, but Trump has stated that he will appeal adverse court rulings rather than defy court orders.

White House officials have dismissed concerns about a constitutional crisis as "fearmongering," while also criticizing judges as "judicial activists."

Some have suggested that judges who undermine the will of the people should be impeached, but others have stated that judicial impeachments are not currently planned.

Legal experts believe that the likelihood of Trump defying the Supreme Court is low, but that his claims to power reflect a desire for unchecked authority.

The unitary executive theory that Trump has embraced stems from Justice Scalia’s dissent in a Supreme Court decision upholding the Independent Counsel Act. Scalia argued that the Constitution vested all executive power in the president.

Trump has used this theory to dismantle agencies, fire workers, and claim control over independent agencies.

While the unitary executive theory suggests that the president can remove individuals selected by his predecessor, it does not mean that the president can ignore laws passed by Congress.

Trump has aimed to control agencies with some independence, firing inspectors general and attempting to fire officials designed to protect federal workers.

He could also seek to fire board members of independent agencies, despite a Supreme Court precedent limiting the president’s power of removal.

The administration has indicated its intention to challenge this precedent and no longer defend the statute restricting the president’s ability to fire board members of certain agencies.

Trump also signed an executive order granting him or the attorney general the power to interpret the law for independent agencies.

These actions have been seen as going beyond the actions of previous Republican presidents who also supported a strong executive.

Some of Trump’s priorities, such as ending automatic citizenship for children born to parents without legal authorization, have been temporarily blocked by courts.

The Supreme Court has previously upheld birthright citizenship, but Trump expects his order to be upheld at the high court.

One controversial action taken by the Trump administration was the Justice Department’s request to drop corruption charges against a political ally, raising concerns about the politicization of the justice system.

This action led to the resignations of several prosecutors who refused to carry out the order.

Trump and his critics agree that his claims to power reflect that of a monarch, with Trump even quoting Napoleon and using the phrase "Long live the king!" on social media.

Critics have characterized these actions as dictatorial and as a threat to the Constitution.

Trump’s policies are likely to continue until they become unpopular, with his current approval rating slightly higher than his disapproval rating.

Contentious debates in Congress over spending cuts, tax cuts, and the debt limit could test Trump’s popularity.

Ultimately, public opinion may be the most important factor in putting the brakes on Trump’s policies, rather than actions by Congress or the courts.

The struggle over executive power continues, and whether the scales balance for the United States’ long-term stability remains to be seen.