By Claire B. Wofford
Those who wrote and wrangled over America’s Constitution might be troubled by the second presidency of Donald J. Trump.
While almost all modern presidents flex their muscles in the initial stages of their administration, the first weeks of the second Trump presidency have seen a rapid-fire, often dizzying array of executive actions that have sparked heated, even virulent, disputes among politicians, the media and citizens about how much power the president of the United States should have.
Historians differ about the framers’ precise intent regarding the executive branch. But the general consensus is twofold: First, domestic lawmaking power, including the critical “power of the purse,” would rest with Congress; second, the president would not be the equivalent of a king.
Fresh off the coercion of King George III, the framers were in no mood to recreate the British system. They debated extensively about whether the executive branch should be led by more than one person. A single chief executive was eventually favored in part because other institutional checks, including the selection of the president by the American people and Congress’ ability to impeach, seemed sufficient. And, of course, Congress would retain lawmaking powers.
Almost immediately, however, Congress began delegating some of that power to the presidency. As the nation grew and Congress found itself unable to manage the ensuing demands, it put more and more policymaking powers into the executive branch.
Congress frequently passed vaguely worded statutes and left important details largely to the president about how to manage, for instance, immigration or the environment. President-as-policymaker and the development of an immense federal bureaucracy that is now in the crosshairs of Trump and Elon Musk was one unintended result.
Whether the current American president has become a king, particularly after the sweeping grant of immunity in 2024 by the Supreme Court and the seeming acquiescence by Congress to Trump’s latest directives, remains up for debate.
In 2019, Trump said, “And then I have an Article 2, where I have the right to do whatever I want as President.”
I’m a constitutional law scholar, and I can comfortably respond: With all due respect, Mr. President, no. Article 2 does not grant the president unlimited power.
Here’s what the Constitution does say – and doesn’t say – about the power of the president.
Alfred Kappes and Frederick Juengling, New York Public Library Digital Collections
Exploiting imprecise language
The Constitution divides power among the three branches of the federal government – executive, legislative and judicial.
Article 1 specifies in great detail the structure and powers of Congress. In comparison, Article 2 is relatively short, outlining the powers of the executive branch, which now encompasses the president, his advisers and various departments and agencies.
There is no extensive laundry list of enumerated powers for the executive branch. Instead, there is a smattering. The president is given the power to “grant reprieves and pardons,” to “receive ambassadors,” and, with the consent of the Senate, “make treaties” and “appoint” various federal officials. The president is also the “Commander in Chief.”
Aside from the ability to veto legislation and “recommend” policies to Congress, the president was intended to serve primarily as an administrator of congressional statutes, not a policymaker.
It is other, much less precise language in Article 2 that undergirds much of what Trump claims he can do – and what opponents say he cannot.
Specifically, Section 1 states, “The Executive power shall be vested in a President,” and Section 3 requires the President to “take care that the laws be faithfully executed.”
On their face, these “vesting” and “take care” clauses seem relatively innocuous, reflecting the framers’ view that the President would implement rather than create the nation’s public policy. Congress would have that prerogative, with the president generally confined to ensuring those laws were carried out appropriately.
Trump and his allies, however, have seized on these words as authorizing unlimited control over each of the 4 million employees of the executive branch and, through program changes and spending freezes, allowing him to exert significant policymaking power for the nation.
The administration has now surpassed what even the strongest proponents of presidential power may have once argued. Trump adviser Stephen Miller has said, “All executive power is vested in the one man elected by the whole nation. No unelected bureaucrat has any ‘independent’ authority.”
Yet the overriding goal of the framers at the Constitutional Convention was to avoid creating an American version of the British monarchy, with a single, unaccountable ruler in charge of national policymaking, free to implement his vision at will.
In the view of Trump’s critics, this is precisely what has occurred.
Andrew Harnik/Getty Images
Going around Congress
Trump is not the first president to use Article 2’s ambiguity to push the boundaries of executive authority.
Particularly since the end of World War II and the Franklin D. Roosevelt administration, presidents have seized upon the same phrases in the Constitution to put their particular political agendas into action.
Barack Obama, for instance, famously touted his “phone and pen” as a way to make policy when Congress refused.
The vehicle for most executive branch policymaking, including by Trump, has been the executive order. Executive orders are mentioned nowhere in the Constitution, but presidents have, since the very earliest days of the republic, issued these directives under their “executive” and “take care” power. Since the founding, there have been tens of thousands of executive orders, used by Democratic and Republican presidents alike.
Often, executive orders are relatively minor. They form commissions, set holiday schedules or brand an agency with a new seal. Dozens are signed unnoticed during every administration.
In other instances, they have sweeping and substantive effect.
Among those, Abraham Lincoln’s Emancipation Proclamation freed Southern slaves, Franklin Roosevelt placed Japanese Americans in internment camps, Harry S. Truman integrated the military, and Joe Biden forgave student loans. Trump has attempted to redefine birthright citizenship – a move which, for now, has been stopped by federal courts.
Because they have the force of law and remain in place until revoked by a subsequent president, executive orders have often faced legal challenges. Currently, there are more than 80 lawsuits challenging Trump’s executive orders for violating both federal law and the Constitution. Some orders, but not all, have been halted by lower courts.
But if many presidents have believed that Article 2 of the Constitution gives them the power to make policy via executive order, the nation’s highest court hasn’t always agreed.
Out of bounds?
Requests to the high court to rule on Trump’s executive orders are a virtual certainty.
Historically, the Supreme Court has struck down some executive orders as outside the scope of Article 2. As the court wrote in 1952, “In the framework of our Constitution, the President’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.”
Whether Trump’s various directives are within his Article 2 authority or violate both the letter and spirit of the Constitution awaits determination, most likely by the U.S. Supreme Court. Much of the genius of that document is its often ambiguous language, letting the government adapt to a changing nation.
Yet that very ambiguity has allowed both sides of today’s political divide to claim that their version of executive power is faithful to the framers’ vision. As with the Civil War and the Civil Rights Movements, such a dispute could very well drive the U.S. to the breaking point.
Congress or the American people may eventually decide that Trump has gone too far. The next presidential election is years away, but Congress still retains the power of impeachment. More realistically, they could rein him in via legislation, as they did with President Richard Nixon.
For now, it is up to the judicial system to evaluate what the administration has done. Courts will need to use their constitutionally mandated authority to evaluate whether Trump has exceeded his.
Claire B. Wofford is Associate Professor of Political Science at the College of Charleston.
Thomas Hutson says
This is an example of WHY we need term limits for the Supreme Court Justices , we are in the current mess with King Trump because of our one party court lead by none other than Roberts and the housemaid and the rest of the court all beholden to their King. They bowed down to a convicted felon giving him unrestricted power, to hell with the constitution! These 6 do not like the way it is written , they are rewriting it in their decisions. Oh yes they know they are making laws , not their job! Time for Americans to redo this court no more life time appointments!
Al says
The one fact that stands out in this article is that congress delegated it’s authority to the executive branch and now can only blame themselves. This was purposely done so when you complained the congressman or senator could look you straight faced and say my hands are tied. They never face direct accountability for the mess they create. If you notice most of the departments don’t have laws but rather rules with enormous penalties. Whether it’s the IRS, EPA, FDA, DEA, or so on they rely on loosely worded rules to create chaos for the public.
The reason Trump and Elon are so popular is those of us that pay the bills are fighting back against the waste of a bloated government. It’s great that your a constitutional scholar but over close to 50 years of being in business I’ve watched millions of my tax dollars wasted. I’ve dealt with different government agencies that had no compassion for the people and just wanted to inflict damage on businesses and individuals. Now it’s payback time and I couldn’t care less if these people lose their homes, families, or wealth. Crying time of the government worker has no sympathy on my end. Yes I know some who are in this position of loss and too bad the gravytrain has come to a halt.
joe says
We’re going to see a lot more of this – remember, we tried to tell you, Trump voters
https://www.dailykos.com/stories/2025/2/27/2306731/-USAID-And-MAGAville-Georgia
Sherry says
Again. . . not to confuse Fox addicted Maga Cult members with actual facts. . . while trump’s poll numbers show his approval rating has dwindled substantially since Jan. 20th at an average of just 48%. . . musk’s approval rating is much worse:
Ipsos poll.
When asked whether respondents approved or disapproved of the job that Musk is doing within the federal government, a net 34 percent approve compared to 49 that disapprove.
The poll, carried out on February 13 – 18, found that 52 percent disapprove of Musk shutting down federal programs that he deems unnecessary, compared to only 26% who approve.
Concern was high when respondents were asked specifically about the access Musk’s team had been given to some federal government databases containing information on Social Security, Medicare and taxes. The poll found that 63 percent are concerned by this compared to 34 percent who said they are not.
Kennan says
Wow Al, tell us how you really feel. Yes, there is some waste in government no doubt, But that doesn’t give you the right to broadbrush everything, try to destroy the most popular social service in the country in Social Security and try to destroy Governmental PROTECTIONS, that are meant to protect people.
What Trump is trying to do in relation to manipulating the Constitution Is nothing less than extortion. EXTORTION. Use DOGE To destroy said protections and privatize everything so that they can get a cut.
The manipulation of 75 odd million voters….. Sorry to say it! Reminds me of Jim Jones and Jonestown minus the literal death. Figuratively Trump voters are gargling promises and swallowing lies.
It’s remarkable really that Trump and Musk actually think they can get away Scott free with what they are doing. A rapid fire shock and all campaign aimed at dismantling as many federal protections as possible before his base realizes what’s happening.
I’ve been working with autistic students for over 16 years, and I can tell you with complete confidence that Elon Musk falls into the category of Asperger‘s or high functioning autism. He’s a great scientific idea, guy, but unlike the wonderfully beautiful kids that I work with he scores a little to nothing on the” EMPATHY “ scale, he’s a full on racist and has little to no interest in philanthropy. Oh, when it comes to casual sex, pulling out isn’t high on his list. maybe the debunked no evidence $50 million worth of Hamas condoms would have been helpful to him.
I’m sorry. I digress.
Listen the Framers never set the constitution up to give a leader, the singular power of a monarch.
Trump is pushing an 1800s imperialistic mindset with the actions of a KGB agent, only he’s doing it out in the open. True these actions could implode and crumble given the weight it would bear on the country, but when former Clinton advisor, James Carville says things like” Trump‘s approval rating is the lowest of any president and because of that Democrats should play possum”?
Carval was a very gifted strategist at one time, and a likable guy, but that’s the dumbest shit I’ve ever heard. We have to remind these people that they work for us. For us.
FIGHT.
Sherry says
China and Russia on a HIRING spree for those FIRED by DOGE! FIRING US Government Personnel With Security Clearances is Threatening Our National Security! Take a Good Read:
Foreign adversaries including Russia and China have recently directed their intelligence services to ramp up recruiting of US federal employees working in national security, targeting those who have been fired or feel they could be soon, according to four people familiar with recent US intelligence on the issue.
The intelligence indicates that foreign adversaries are eager to exploit the Trump administration’s efforts to conduct mass layoffs across the federal workforce – a plan laid out by the Office of Personnel Management earlier this week.
Russia and China are focusing their efforts on recently fired employees with security clearances and probationary employees at risk of being terminated, who may have valuable information about US critical infrastructure and vital government bureaucracy, two of the sources said. At least two countries have already set up recruitment websites
Sherry says
DOGE FIRINGS include those working on Avian Disease . . take a good read:
https://www.nbcnews.com/politics/doge/usda-accidentally-fired-officials-bird-flu-rehire-rcna192716
Sherry says
The latest on MUSK trying to take over the FAA to enrich himself . . . this from Politico:
Elon Musk is ratcheting up his attacks on the company in charge of a $2.4 billion federal aviation contract — while promoting his own satellite business Starlink as a potential solution.
Musk’s broadsides against Verizon come at the same time that his White House-anointed budget cutters are weighing the future of the Federal Aviation Administration, heightening Democrats’ complaints that his role in President Donald Trump’s administration poses a grave conflict of interest.
For at least the second time this week, Musk took to his social media network X on Thursday to lay into Verizon for what he called subpar work on a new communications system for the FAA — even though Verizon’s system is still in the testing phases. And he pitched Starlink as at least an interim fix, saying his company was delivering its communications terminals “at NO COST to the taxpayer on an emergency basis.”
It was an extraordinary power play even by Musk’s standards, and came as his Department of Government Efficiency is examining the FAA and every other federal agency for potentially draconian staffing and budget cuts. Starlink’s parent company, SpaceX, is also aiding an effort to overhaul the FAA’s air traffic control system, Transportation Secretary Sean Duffy announced last week. And the FAA regulates SpaceX, which it has repeatedly accused of violating rules on commercial space launches.
Musk did not explicitly call for handing the $2.4 billion contract to Starlink in Verizon’s place. But The Washington Post reported Wednesday that a pitched battle is taking place inside the FAA over whether it should give the contract to Musk’s company, citing two unnamed people familiar with the debate. The agency said in a statement Thursday that “no decisions have been made” regarding the contract.
Pogo says
@joe (Reply out of order)
Your link is one drop in this unfolding disaster; it is well that it reverberates.
The sadists here will chuckle and probably experience some depraved thrill, and the sanctimonious non-voters, and other spoilers, will have a cathartic spasm of indignation.
And the dead — will be dead.
BillC says
The meeting today (2/28) about Ukraine between Trump/Vance and Zalenskyy was a set-up to humiliate Zalenskyy- make Putin the good guy and Zalenskyy the bad guy.
Ed P says
Just my observation. The only problem that exist with the Supreme Court is which side of the aisle you reside on. When it was a left leaning institution, libs probably felt everything was fine. Now, not so much. The reality is that all courts/judges should never try to legislate. There should not be activists making decisions. They should interpret the law in a nonpartisan fashion.
Everyone needs to come down off the ledge. Don’t jump. Democracy will prevail and remain in existence even after Trump. The constant droning of the threat to democracy, it’s a constitutional crisis or he acts like he’s a King is hyperbole.
A better plan or solution is the answer. Status quo, the same ole same ole brought us to our current dilemma. Continuous deficit spending is the primary culprit.
It’s unnerving that so many Americans still don’t understand the dire financial/economic situation we are in. Everyone is a Patriot until it’s going to cost them money or disrupt their lives. Very few people actually have the willingness or fortitude to accept any disruptions without complaining while the system is overhauled.
At least Trump and Musk understand the urgency and are implementing a plan.
Ray W, says
Speaking of power grabs, Nebraska’s Republican House member Don Bacon described Trump’s and Vance’s performance today “a bad day for America’s foreign policy.”
He added: “Ukraine wants independence, free markets and the rule of law. It wants to be part of the West. Russia hates us and our Western values. We should be clear that we stand for freedom.”
Make of this what you will.
Me?
In three short weeks, American has gone from trusted ally to street thug, willing to extort resources from the Ukraine at the point of Russian guns.
Just another day in the Great Russian Appeasement of 2025.
Pogo says
@Ray W
Amen.
God bless President Zelenskyy, the Ukrainian people, and our former allies. Zelenskyy knows trump and vance are degenerate rats — he put their shit on full blast for the entire world to see, smell, and taste.
Jackson says
There have been many times in my life where I’ve felt that America has room to grow, opportunities for improvement, etc. I understand that the US has a messy and in many places less-than-noble history.
But I have never felt this degree of shame and disgust in my (present-day) country before. Trump shames us all.
Sherry says
This article regarding the Critically Needed Reversals that happened to many of the ridiculous/dangerous/cruel DOGE FIRINGS is from the Brookings Institute:
President Trump’s Department of Government Efficiency has cut through the federal government aggressively, firing employees across agencies while testing legal boundaries. The speed of the cuts raises questions about how well DOGE teams understand the roles and responsibilities of those affected. Unsurprisingly, as key political appointees are confirmed by the Senate and take office—and as Republican lawmakers gain points of contact—some early, hasty decisions are being reversed. Here are some examples so far.
The most significant reversal came on Feb. 24, when the White House, through the Office of Personnel Management, announced that Elon Musk’s directive for all federal employees to email him a summary of their work for the week was voluntary only and that noncompliance would not result in termination. Some MAGA leaders, including newly appointed FBI Director Kash Patel, instructed their employees not to comply. Similar orders came from the Departments of Defense, Homeland Security, Justice, Health and Human Services, Energy, and the State Department.
The reversal came not only due to legal concerns but also because the order was impractical for large parts of the government. For instance, the Secret Service agents protecting President Trump probably carried out numerous tasks in preparation for his upcoming trips—should that be reported? What about undercover agents abroad? Should they document efforts to recruit assets or spies? And FBI agents working to infiltrate the infamous Sinaloa drug cartel—should they be required to write memos that could compromise their operations?
Earlier DOGE reversals include the dismissal of more than 300 employees from the National Nuclear Safety Administration on Feb. 13. By Feb. 18, however, the vast majority of them were in the process of being rehired. The agency, part of the Department of Energy, oversees the safety and security of the U.S. nuclear arsenal.
On Feb. 18, the Trump administration temporarily paused layoffs of nearly 1,000 probationary civil servants at various NASA facilities. These layoffs were later postponed. This follows at least 750 NASA employees who voluntarily accepted the deferred resignation offered by the federal government. Many affected employees are in their probationary period—young scientists and engineers who could play a role in NASA’s efforts to reach Mars, a key goal of President Trump.
At the Department of Agriculture, 58 facilities responsible for responding to the bird flu were notified that 25% of their staff were being laid off, but they were quickly rehired. With the price of eggs already high, delaying bird flu research could keep costs elevated and undermine one of the key issues that helped elect Trump.
Health and Human Services Secretary Robert F. Kennedy Jr. verbally rescinded the layoffs of about 950 Indian Health Service (IHS) employees just hours after they received layoff notices. OPM had originally planned to lay off 2,200 probationary employees at IHS, a move that would have significantly affected the 214 tribal nations relying on IHS for health care.
Defense Secretary Pete Hegseth halted the planned firing of 55,000 Pentagon officials in order to comply with a law requiring the defense secretary to review any firings for their impact on military “lethality and readiness.” He is now reviewing the cuts and determining which employees the Pentagon will fire.
Russell Vought, the new director of the Office of Management and Budget, quietly reinstated the workers responsible for calculating the APOR (Average Prime Offer Rate) each week. This data is critical for maintaining stability in the mortgage market. Without APOR tables, home values could be distorted, and borrowers could face restricted credit access. The APOR was housed in the Consumer Financial Protection Bureau, a frequent target of conservative criticism. A stop-work order had been in place until Vought, a staunch Trump ally, recognized the necessity of publishing the APOR.
Sherry says
THE PRICE OF EGGS:
May 2024- In May, the administration of President Joe Biden allocated more than $800 million to combat bird flu in livestock.
2025-
(The Hill) – The Trump administration’s efforts to impose its will on the federal workforce through mass firings, funding freezes and communication blackouts is hampering the ability of public health professionals to respond to the growing threat of avian flu.
As egg prices continue to rise and more cases are detected, state and local health officials say there is no clear plan of action from the administration. Dozens of people in the U.S. have also contracted the disease, with the Centers for Disease Control and Prevention (CDC) reporting the first human death from H5N1 last month.
Jake from state farm says
@ Thomas…How would the left feel if the Repubs stacked the court with more right leaning Justices like the left wanted to do when they were in power? Would that be ok now?
@Sherry… Still waiting for the internement camps you said were coming along with the jack boots high stepping down the streets… Guess you should have put up a better candidate. At least we are not burdened about what has been. What’s your opinion of all the waste that DOGE is exposing? I would imagine you are OK with the all the wasteful spending rather than spending that money on the homeless, people who have lost everything because of fire and storms….
Atwp says
Millions of people cast their ballots for Trump, things will get worse. Muck isn’t an elected official. He is running the country. Welcome to a New America. They rejected Harris, they casttheir ballot for a lying crook. Thousands have lost their jobs, many more will get fired soon. No spending money, products not moving, higher prices equals a possible recession and perhaps a depression. Am glad Trump voters are feeling the crooked poison.
Sherry says
@ jake. . . while I normally don’t respond to Maga trolls. . . You are you are out and out “LYING” about me! Prove It Buster!!!
“I” have NEVER claimed there would be ” internement camps you said were coming along with the jack boots high stepping down the streets” ! First of all, “I” would have spelled it correctly.
Over and Out!
Bartholomew says
I feel like I m living in the movie Caligula but in modern times
Sherry says
EGG PRICES. . . This From Professional Journalists at “The Hill”:
The Trump administration’s efforts to impose its will on the federal workforce through mass firings, funding freezes and communication blackouts is hampering the ability of public health professionals to respond to the growing threat of avian flu.
As egg prices continue to rise and more cases are detected, state and local health officials say there is no clear plan of action from the administration. Dozens of people in the U.S. have also contracted the disease, with the Centers for Disease Control and Prevention (CDC) reporting the first human death from H5N1 last month.
When President Trump took office, his administration instituted an external communications blackout across health agencies. State and local health departments are only just beginning to hear from officials at the CDC, nearly a month after the inauguration.
Adriane Casalotti, chief of government and public affairs for the National Association of County and City Health Officials, said officials heard a “short update” from CDC on the avian flu virus last week.
“It’s absolutely critical that local health departments and the federal government are in communication, because both sides have something to add to the conversation to make sure we have the best evidence to move forward,” Casalotti said.
Public health experts were critical of the Biden administration for not being proactive enough in its virus response and failing to take action to stop the spread of the virus among dairy cattle after it was first detected last year.
But Casalotti said local officials under former President Biden at least knew where the federal government was targeting its efforts and what its priorities were. If they had a specific question or specific issue that was going on in their area, they knew who to call. Until very recently with Trump, nobody answered the phone.
Sherry says
The Latest on trump’s attempt to slash and burn those that just may provided some oversight into his “Dictatorship” . . . this from the “professional journalists” at Politico:
By Josh Gerstein and Kyle Cheney
03/01/2025 10:17 PM EST
A federal judge ruled Saturday that President Donald Trump’s firing of a federal workforce watchdog was illegal — teeing up a Supreme Court showdown over the president’s claim to nearly absolute control of the executive branch.
U.S. District Judge Amy Berman Jackson concluded that Hampton Dellinger — confirmed last year as head of the Office of Special Counsel — may continue to serve his five-year term despite Trump’s effort to remove him from the post via a brusque email last month.
A law on the books for more than four decades specifies that the special counsel can be removed only for “inefficiency, neglect of duty, or malfeasance in office,” but the Justice Department argued that provision is unconstitutional because it impinges on the president’s authority to control executive agencies.
Jackson ruled that Dellinger’s duties, which include holding executive branch officials accountable for ethics breaches and fielding whistleblower complaints, were meant to be independent from the president, making the position a rare exception to the president’s generally vast domain over the executive branch.
Dellinger’s “independence is inextricably intertwined with the performance of his duties,” Jackson wrote in a 67-page opinion. “The elimination of the restrictions on plaintiff’s removal would be fatal to the defining and essential feature of the Office of Special Counsel as it was conceived by Congress and signed into law by the President: its independence. The Court concludes that they must stand.”