The Illusion of Safeguards
A Fractured Government in the Face of Presidential Overreach
LAKE GENEVA, WI - For as long as I can remember, I believed that the U.S. government was structured to prevent any single individual from wielding unchecked power. The Constitution, with its delicate system of checks and balances, seemed like an impenetrable shield against tyranny. I took comfort in the belief that our government had been designed with foresight: Congress to make laws, the judiciary to interpret them, and the president to enforce them, all while keeping one another in check. Yet, recent events have left me grappling with a sobering realization—these safeguards are far more fragile than they appear.
The idea of safeguards conjures an image of impenetrable walls, a well-oiled system that automatically curbs any abuse of power. But as we've seen in recent years, the architecture of American democracy is less a fortress and more a patchwork quilt, its strength dependent on the integrity of those who operate within it. And when those operators act in bad faith, the cracks become glaringly visible.
Trump and the Erosion of Trust in Safeguards
For many Americans, Donald Trump’s presidency was a litmus test for the resilience of these democratic safeguards—and for good reason. During his tenure, Trump’s behavior often challenged the norms of presidential conduct, leading to widespread perceptions of an administration operating without guardrails. These perceptions are rooted in several key factors:
- 1. Defiance of Accountability: Trump frequently dismissed congressional oversight, most notably during his impeachment inquiries. His administration refused to comply with subpoenas and dismissed investigations as partisan witch hunts. This outright defiance weakened Congress’s role as a check on the executive branch.
- 2. Weaponization of Power: Many viewed Trump’s use of the Justice Department as a political tool as emblematic of his disregard for democratic norms. From pressuring the department to investigate political rivals to publicly chastising federal prosecutors, his actions raised concerns about the erosion of judicial independence.
- 3. Controversial Policy Decisions: Trump’s executive orders often skirted congressional authority, with policies such as the travel ban and family separations at the U.S.-Mexico border sparking fierce debates. While some supported these measures as fulfilling campaign promises, others saw them as examples of overreach and disregard for humanitarian principles.
- 4. Rhetoric and Public Behavior: Perhaps most alarming to many Americans was Trump’s frequent attacks on the media, federal institutions, and even his own intelligence agencies. His rhetoric often undermined public trust in these pillars of democracy, with critics arguing that it emboldened authoritarian tendencies.
- 5. The Capitol Riot and Aftermath: The events of January 6, 2021, solidified concerns about Trump’s leadership. Many saw his rhetoric and inaction during the Capitol insurrection as evidence of a president who not only failed to safeguard democracy but actively contributed to its unraveling.
These actions—and the inability of institutions to adequately respond to them—fueled the belief that the system of safeguards was failing. While Trump’s supporters argue that his actions were necessary disruptions to a dysfunctional system, his critics see them as proof that the checks and balances are neither automatic nor infallible.
The Power of Precedent—and Its Abuse
One of the most unsettling revelations is how much of our government operates on precedent rather than unshakable laws. Many of the "rules" that govern presidential behavior are informal norms—unwritten traditions handed down from one administration to the next. For example, the expectation of transparency in releasing tax returns, the respect for congressional oversight, and the restraint in using executive orders are not codified into law but are merely conventions.
When a president chooses to flout these norms, the government has limited recourse. Consider the power of executive orders, which are designed to allow the president to implement policy quickly in times of necessity. Over time, however, this tool has been used to bypass Congress altogether. While Congress theoretically has the power to check this behavior, the reality is that partisan politics often prevent it from acting decisively. Instead of confronting overreach, legislators retreat into their political corners, leaving the executive branch unchecked.
The Role of Congress: A Watchdog in Chains
Congress is meant to be the first line of defense against a president who exceeds their authority. Yet, in practice, its ability to restrain a rogue executive is hindered by deep partisan divides. When loyalty to party outweighs loyalty to the Constitution, Congress becomes less a check on presidential power and more an enabler of it.
We have seen this play out repeatedly. In theory, impeachment is the ultimate safeguard against a president who abuses their office. However, the process is inherently political, requiring not just evidence of wrongdoing but also the political will to act on it. Recent impeachment proceedings demonstrated how this safeguard can falter when senators prioritize their party’s fortunes over their constitutional responsibilities. Even overwhelming evidence of misconduct can be dismissed if political self-interest takes precedence.
A Frightening Fragility
What has become clear is that the system only works as well as the people within it allow. The framers of the Constitution envisioned a government of laws, but they also assumed that those in power would act with a baseline level of integrity and respect for democratic principles. What happens when those assumptions prove false?
Safeguards like congressional oversight, judicial review, and the rule of law rely on cooperation and good faith. When these are absent, the system falters. A president determined to undermine democratic norms can exploit loopholes, leverage divisions, and erode trust in institutions. And the more this happens, the harder it becomes to restore those norms.
Moving Forward: A Call to Action
This moment calls for reflection and reform. If the last few years have taught us anything, it’s that we cannot take our democracy for granted. Safeguards that depend on informal norms must be codified into law. Congress needs to reassert its authority, closing loopholes that allow for executive overreach. The judiciary must be protected from politicization, ensuring that it remains a neutral arbiter. And perhaps most importantly, we as citizens must demand accountability from our leaders.
The strength of our democracy lies not in its institutions but in our collective commitment to uphold them. If we are to preserve this system for future generations, we must recognize its fragility and work to strengthen it. Only then can we ensure that the safeguards we’ve long relied on are truly safe.