The Silent Surrender: How Congress Abandoned Its Constitutional Duty During Trump's Second Term

The Unraveling of Constitutional Balance

The first year of President Trump’s second term has witnessed one of the most dramatic shifts in the balance of power between the executive and legislative branches in modern American history. What the Framers of our Constitution meticulously designed as a system of checks and balances has been systematically dismantled, with Congress largely surrendering its constitutional authority to an increasingly assertive executive branch. This troubling development represents not just a political problem, but a fundamental threat to the very structure of American democracy.

Throughout 2025, President Trump operated with what appears to be unprecedented autonomy from congressional oversight. He ignored a bipartisan law upheld by the Supreme Court that banned TikTok, claimed broad tariff powers explicitly reserved for Congress in Article I of the Constitution, authorized military strikes off the coast of Venezuela without legislative approval, and summarily withheld funds from congressional priorities. Meanwhile, Republican leaders in both chambers largely declined to check a president they view as their political ally, creating a power vacuum that the executive branch has eagerly filled.

The Mechanics of Congressional Abdication

The evidence of congressional retreat from its constitutional responsibilities is both comprehensive and alarming. President Trump barreled ahead with policies and actions that directly challenged legislative authority, showing “scant deference to the House and Senate,” as the reporting indicates. He abruptly changed the statutory name of the John F. Kennedy Center for the Performing Arts, demolished the East Wing of the White House to make room for a ballroom without congressional input, and positioned the Office of Management and Budget as the final arbiter of federal spending—a responsibility that for generations has been the chief instrument of congressional power.

Even when some Republicans joined Democrats in raising objections to legally questionable actions, lawmakers struggled to get the White House to back down. The dynamic described by Representative Don Bacon reveals the heart of the problem: “If you feel like you have a bunch of lackeys that are going to do whatever you say, then he doesn’t feel constrained.” This candid assessment from a Republican congressman who has sometimes opposed Trump’s approach underscores how congressional acquiescence has enabled executive overreach.

The Constitutional Crisis We Refuse to Name

What we are witnessing is nothing short of a constitutional crisis, though many in power refuse to acknowledge it as such. The Framers designed our government with three co-equal branches precisely to prevent the concentration of power that now threatens our democratic foundations. James Madison, in Federalist No. 47, warned that “the accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.”

The current situation represents a profound failure of constitutional guardianship. When President Trump claims tariff powers that the Constitution explicitly grants to Congress, when he launches military actions without congressional authorization, when he ignores laws passed by bipartisan majorities and upheld by the Supreme Court—he is not merely testing the boundaries of executive power; he is tearing down the constitutional framework itself.

The Republican Complicity in Democratic Erosion

The role of congressional Republicans in this erosion of checks and balances cannot be overstated. With both chambers controlled by Republicans loyal to the president, pushback has been “scattershot and largely ineffective, and oversight virtually nonexistent.” Senator Michael Bennet’s characterization that “with this Republican majority in the Senate, Donald Trump has basically walked all over Congress” may sound like partisan rhetoric, but it reflects a reality acknowledged even by some within Republican ranks.

The refusal to provide meaningful checks on executive power represents a betrayal of the constitutional oath every member of Congress takes to “support and defend the Constitution of the United States.” This oath is not conditional on partisan loyalty or political convenience. It is a sacred commitment to the system of government designed to protect liberty through the diffusion of power.

The Dangerous Precedent of Congressional Acquiescence

Perhaps the most troubling aspect of this power shift is the precedent it establishes. As Senator Bennet correctly notes, if Congress rolls over for executive overreach under one administration, “it is going to happen as one administration changes to the next.” The erosion of congressional power doesn’t just affect the current political dynamic; it permanently weakens the legislative branch’s ability to serve as a check on future presidents of either party.

Constitutional scholar Gillian Metzger raises the crucial question: “Will there be a will in Congress to assert and will they be allowed to assert?” The answer thus far has been discouraging. The institutional courage required to resist executive encroachment appears in short supply, particularly when such resistance might bring political consequences.

The Courts as the Last Firewall

In this environment of congressional abdication, the judiciary has emerged as what Senator Richard Blumenthal calls “the firewall” against presidential overreach. While the courts have indeed served as a crucial check in some instances, relying primarily on the judiciary to maintain constitutional balance represents a dangerous departure from our system’s design. The Framers intended each branch to be capable of defending its own authority, not to depend on another branch for protection.

The fact that courts have become the primary check on executive power speaks volumes about Congress’s failure to perform its constitutional role. When legislators abandon their responsibility to serve as a co-equal branch, they effectively transfer power not just to the executive, but also to the judiciary—creating an imbalance that distorts our entire constitutional system.

The Path Forward: Reclaiming Constitutional Responsibility

The midterm elections approaching in less than a year present a critical opportunity for voters to demand that their representatives reclaim congressional authority. However, the solution cannot be merely electoral. It requires a fundamental recommitment to constitutional principles by members of both parties.

Congress must reassert its power of the purse, its war powers, its legislative authority, and its oversight responsibility. This will require courage from individual members and institutional reforms that strengthen Congress’s ability to resist executive encroachment. The handful of Republicans using discharge petitions to circumvent leadership and pursue bills diverging from the president’s agenda demonstrate that resistance is possible, even in the current political climate.

The Stakes for American Democracy

The erosion of congressional power is not an abstract political science concept—it has real consequences for American democracy and individual liberty. When the president can unilaterally withhold congressionally appropriated funds, when he can ignore laws passed by the people’s representatives, when he can launch military actions without legislative debate, we move closer to a system where a single individual holds disproportionate power.

This concentration of authority threatens the very pluralism and deliberation that define healthy democratic governance. The Framers understood that slowing down government, forcing debate, and requiring compromise were features, not bugs, of our constitutional system. They protect against rash action and ensure that diverse perspectives shape policy.

Conclusion: A Call to Constitutional Faithfulness

The current state of congressional-executive relations represents a crisis of constitutional fidelity. The solution begins with recognizing that defending the separation of powers is not about opposing any particular president or party, but about preserving the system that has safeguarded American liberty for more than two centuries.

As we approach critical elections and face ongoing challenges to our constitutional balance, every citizen who values democracy must demand that their representatives honor their oath to the Constitution above partisan loyalty. The survival of our republican form of government depends on maintaining the delicate balance the Framers designed—a balance that is currently in grave danger.

The question before us is whether we will continue down the path of executive supremacy or reaffirm our commitment to divided government. The answer will determine nothing less than the future of American democracy itself.