Department of Research, Studies and International News 16-01-2025

The presidency of the United States has long been a position of immense influence, with its scope expanding steadily over decades. Now, as former President Donald Trump prepares to re-enter the White House after a surprising political comeback, experts predict that his second term could reshape the role of the presidency in unprecedented ways.

With his inauguration just days away, Trump’s return to power following his defeat in the 2020 election marks a critical juncture for the U.S. political system. His approach to presidential authority, which has already sparked intense debate, may further stretch the boundaries of the office, testing the delicate balance of power among the executive, legislative, and judicial branches of government.

Strengthening the Executive Office

Donald Trump’s first term was characterized by a strong-willed and norm-defying style of governance. His assertions of broad presidential authority and disregard for traditional checks and balances often raised alarm among scholars and critics. Marjorie Cohn, professor emerita at the Thomas Jefferson School of Law, has expressed concern that Trump’s return to office could fundamentally alter federal agencies tasked with oversight in critical areas such as health, safety, climate, and labor.

Cohn also noted that Trump’s personal ambitions and political rivalries might blur the lines of legality for federal law enforcement and intelligence operations. She highlighted troubling signs, including Trump’s public calls for “televised military tribunals” to punish critics such as Joe Biden, Kamala Harris, Mitch McConnell, and others.

Furthermore, Cohn warned that Trump’s rhetoric and policies could potentially involve the military in quelling protests on issues like women’s rights, LGBTQ rights, and opposition to Israel’s actions in Gaza.

A Longstanding Trend of Expanding Power

While Trump’s style might seem uniquely bold, it is part of a broader trend of increasing executive authority. According to Mitchel Sollenberger, a political science professor at the University of Michigan-Dearborn, modern presidents have progressively relied on tools like executive orders and presidential privileges to bypass legislative gridlocks. This trend has continued despite sporadic pushback from Congress and the courts.

Historical examples further illustrate this expansion of presidential power. For instance, President Richard Nixon’s secret bombing campaigns and surveillance activities during the Vietnam War tested the limits of executive overreach, leading to a significant public and congressional backlash. Similarly, George W. Bush’s Authorization for Use of Military Force (AUMF) in 2001 granted sweeping authority to pursue the so-called “global war on terror,” a move criticized for undermining Congress’s constitutional war powers.

Trump’s second term, however, promises to explore new extremes. With a Republican-controlled Congress and a conservative Supreme Court, including three justices he appointed, Trump is uniquely positioned to push the limits of presidential authority even further.

Controversial Plans and Appointments

Trump’s public statements and actions during his re-election campaign and post-victory period have only heightened concerns. During his campaign, he referred to the 2024 election as a “final battle” and made bold claims that his victory would render future voting unnecessary.

Moreover, his reappointment of loyalists to key government positions has raised eyebrows. Notable figures include Kash Patel, who hinted at prosecuting journalists as head of the FBI, and other individuals linked to Project 2025—a conservative blueprint for overhauling the federal government. Developed by the Heritage Foundation, Project 2025 advocates for expanding presidential powers to unprecedented levels, including politicizing independent agencies, weaponizing the Department of Justice, and using the Insurrection Act to suppress dissent.

Legal Precedents and Immunity

The legal landscape further complicates Trump’s second term. In July, the Supreme Court ruled to grant broad immunity to presidents for their official actions. Trump’s legal team has already leveraged this ruling to defend against criminal cases tied to his alleged attempts to overturn the 2020 election and the January 6 Capitol riots.

Although these indictments highlighted potential abuses of power, they also underscored the ambiguity of presidential immunity. Legal experts like Sollenberger argue that the lines between legitimate presidential duties and abuses of power remain unclear, leaving room for interpretation and potential exploitation.

A Shift in Governance

Trump’s presidency may symbolize a radical departure from the traditional separation of powers, with the executive branch wielding unprecedented control over the federal bureaucracy. Critics argue that such shifts could undermine the foundational principles of U.S. democracy.

As Trump prepares to take office, the coming years will serve as a crucial test of how far presidential power can be stretched—and whether the institutions designed to check that power can withstand the challenge. The implications of this presidency will not only define Trump’s legacy but also shape the future of governance in the United States.