Kerby Anderson
Progressive activists often talk about the “long march through institutions.” For the last few weeks, we have seen a “fast sprint through institutions” by President Trump, followed by Elon Musk. The flurry of activity by the president and his administration has raised an important question. What are the limits to presidential authority?
Yuval Levin provides “A Rule of Thumb for the Executive Power Debates.” Of course, we can find the limits to executive power in the Constitution, in the Federalist Papers, and in various court decisions. But he breaks Trump’s power down to two contexts: “in relation to the executive branch over which he presides, and in relation to the larger constitutional system in which he plays a part.”
When it comes to the president’s authority over the executive branch, his power is supreme. The Constitution says: “The executive Power shall be vested in a President of the United States of America.” Of course, there are some limitations to that power, as illustrated by the confirmation hearings in Congress that have been taking place.
However, when it comes to the government as a whole, “the president’s role is constrained and is in many respects overshadowed by Congress. His core function is to take care that the laws Congress has passed are faithfully executed.”
The Constitution (and subsequent court decisions) deal with both sets of presidential powers. It allows the president to have expansive powers in dealing with his executive branch but constrains those powers when dealing with the whole government.
Although many Supreme Court judges would hold to this same view found in the Constitution, we are seeing some federal judges rule against some of President Trump’s presidential actions. I predict that many of those judges decisions will later be overruled.