Trump tests the limits of his power

Donald Trump has returned to the White House in a hurry to flex his muscles. The U.S. president is trying to extend his executive authority beyond the limits of the laws and the Constitution. He has carried out purges in violation of legal safeguards, has ordered that norms that make him uncomfortable not be enforced, he has eliminated environmental protections in a dubious way and, in general, has regulated by decree matters that exceed his powers. Judges have already suspended two of his decisions: first when he tried to repeal birthright citizenship for the children of immigrants who are in the United States illegally, and second, when he tried to freeze congressionally-approved federal grants and loans worth millions of dollars and mostly intended for social spending. Many more of his decisions, such as the veto on trans people in the Army, have also been challenged.

A day after a judge suspended the White House Office of Management and Budget’s order to freeze spending on Monday, the Trump administration reversed course and rescinded the order on Wednesday. The confusing decision had unleashed chaos in federal agencies, which were unclear about the extent to which it affected them. The Medicaid payment website was no longer operational, and a notice pointed to Trump’s executive orders. White House spokeswoman Karoline Leavitt was unable to answer in her first press conference whether the halt in spending affected Medicaid. The budget office later said it did not, but the website remained inoperative.

The initial order and subsequent explanations were contradictory and vague, causing legal uncertainty not only for the officials in charge of applying it but, above all, for the beneficiaries of the disbursements. The White House insisted that direct benefits to individuals were not being suspended, but much of the aid is channeled indirectly through state and local governments or non-governmental organizations.

The spending freeze sparked a resistance to Trump that had been dormant in the face of the president’s display of power in the first days of his new term in office. Democrats reacted en masse, and civil society organizations mobilized along with them, not only criticizing the budget office’s instructions, but also taking action with initiatives before the courts.

A federal district judge in Washington appointed by Joe Biden temporarily halted the order minutes before it was due to take effect, following a legal challenge from the National Council of Nonprofits. The suit alleged that even a temporary halt in funding could “immediately deprive individuals and communities of their vital services,” including health care, support for small businesses and programs for the LGBTQ+ community.

“He is not a king”

The Constitution gives Congress the power to approve appropriations and requires the executive branch to disburse the money. A 50-year-old law known as the Congressional Budget and Impoundment Control Act prohibits the president from withholding funding approved by Congress, except by following a prescribed procedure that requires re-entry into the legislature.

“The president of the United States can veto legislation. He can make recommendations to Congress. He can support legislation. But he doesn’t have the unilateral right to change laws that Congress has passed. This is one more sad indication that Donald Trump has very little respect for the rule of law and our Constitution, and is moving us toward and authoritarian form of society. Together, we must and will stop him,” Vermont Senator Bernie Sanders posted on the social app X. “If President Trump wants to change our nation’s laws he has the right to ask Congress to change them. He does not have the right to violate the United States Constitution. He is not a king,” he added in a statement.

“The actions of the Administration in essentially freezing funding for programs across the country in every department is, in my view, the most egregious assault on the power of the institution of Congress in American history. It basically renders Congress’ power which is laid out a nullity,” said Maine Senator Angus King, an independent aligned with the Democrats, in a video posted on his social media.

Even his own allies acknowledge Trump’s desire to extend his authority. “I think he is testing the limits of his power, and I don’t think any of us are surprised by it,” said Senator Kevin Cramer, a North Dakota Republican who is close with Trump, in statements to AP.

The spending dispute is just one of the latest episodes in Trump’s attempt to expand his power, straining the constitutional system of checks and balances that has defined American democracy for most of its nearly 250 years. Ultimately, some of the disputes being settled by judges may end up in the Supreme Court, which has a conservative majority of six justices to three, three of them appointed directly by Trump. The White House spokeswoman said on Monday that the Republican administration is willing to go to the highest court on the birthright citizenship issue.

Trump is the first president to return to office after losing it since Grover Cleveland in the late 19th century. He has come into power with experience, surrounded by loyalists and with clear plans he wants to execute, including mass deportations of immigrants, tax cuts, widespread tariffs and deregulation. Among his priorities is fighting what he calls the “deep state,” which in reality means anything standing in the way of the implementation of his own policies.

He has gutted federal diversity, equality and inclusion policies. He wants to downsize the administration and has offered eight months of pay to officials who would rather resign than return to the office to carry out his in-person work orders. He has also dismissed numerous inspectors general, who are charged with combating corrupt practices in government agencies and departments. In his quest for revenge, Trump has also fired the prosecutors and Justice Department employees who investigated him.

At her first White House press conference, Press Secretary Leavitt was asked on Monday about the firings, which apparently violated the law. “It is the belief of this White House and the White House Counsel’s Office that the president was within his executive authority to do that. He is the executive of the executive branch, and, therefore, he has the power to fire anyone within the executive branch that he wishes to,” she replied to a reporter’s question. Before his leap into politics, the phrase that made Trump a reality TV star was precisely: “You’re fired!”

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