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Conservative Legal Scholar Analyzes Constitutionality of Trump’s First Year

2026-01-20
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Presidential Power in Focus: One Year of Trump’s Second Term

As President Trump marks one year since taking the oath of office for a second time, the expansion of executive power and its implications have taken center stage. During this time, Trump has implemented unilateral tariffs, exerted influence over independent agencies, and even launched military operations abroad without congressional consent, raising concerns about the boundaries of presidential authority.

Why It Matters

This escalating use of presidential powers not only reflects significant shifts in governance but also highlights the ongoing struggle over constitutional limits. As the executive branch continues to grow, the balance of power among the branches of government is increasingly called into question, making this a pivotal moment in American political history.

Key Developments

  • President Trump has pushed the boundaries of executive authority through unilateral actions, including tariffs and military strikes.
  • Investigations by the Department of Justice into political rivals have sparked criticism regarding the politicization of the agency.
  • The deployment of the National Guard and active-duty troops to certain U.S. cities has received pushback from local officials.
  • The Supreme Court is set to hear pivotal cases regarding the president’s control over executive branch agencies.

Full Report

Expanding Executive Authority

Over the past year, President Trump has made extensive use of executive powers. His administration has unilaterally enacted tariffs that have faced legal challenges, signaling potential conflicts with the judiciary. His ability to reorganize executive agencies has been a focal point in several court cases. Legal analyst Ilya Shapiro noted that while the president has broad authority as the head of the executive branch, attempts to legislate or alter existing laws through executive action often lead to judicial scrutiny.

DOJ Investigations and Political Fallout

The Department of Justice’s investigations into political adversaries have raised significant ethical questions. While some view these inquiries as legitimate efforts addressing real wrongdoing, critics see them as politically motivated abuses of prosecutorial power. This situation contradicts Trump’s prior promises to avoid politicizing the Justice Department.

Military Engagement Without Congressional Consent

In foreign affairs, Trump’s military strikes in Venezuela, conducted without explicit congressional authorization, tap into a long-standing issue regarding the War Powers Act. Shapiro explained that previous presidents have often bypassed congressional input for military actions deemed non-major conflicts. The implications of such decisions further complicate the national dialogue on what constitutes an appropriate scope of executive military power.

Context & Previous Events

The trend toward a more powerful presidency is not unique to the Trump administration; various administrations over the decades have seen similar expansions of power. The ongoing dynamic of Congress ceding authority to the executive branch complicates efforts to rein in presidential overreach. Notably, previous presidents like Clinton and Obama engaged in military actions without legislative approval, a practice criticized during their respective tenures but seemingly overlooked in different political contexts today.

As Trump navigates his second term, the question remains whether this consolidation of power will continue to reshape the American political landscape, forever altering the balance between Congress and the presidency.

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