The Death of Checks and Balances and The Rise of the Imperial Presidency

White House at night.
Photo by Tabrez Syed on Unsplash
Author: Dan Sally
Published: 10 Feb, 2025
Updated: 18 Jun, 2025
1 min read

In his first three weeks back in office, President Trump has already floated taking control of Gaza, authorized Elon Musk to overhaul the Treasury with college interns, and signed more executive orders than most presidents do in a year. While critics argue he's trampling constitutional limits on presidential power, is Trump really breaking new ground - or just building on a century of executive overreach?

In this episode, Dan and Shawn trace how presidents have steadily expanded their authority through executive actions - from Jefferson's unauthorized Louisiana Purchase to FDR's sweeping New Deal programs to the post-9/11 expansion of war powers. They explore how gridlock in Congress has transformed executive orders from administrative tools into the primary means of governing and what this means for a system of checks and balances designed to prevent exactly this kind of concentrated power.

Key topics:

  • The evolution of executive power from Washington to Biden
  • How Congressional gridlock enables presidential overreach
  • Why partisan primaries weaken legislative oversight
  • Electoral reforms that could restore constitutional balance

As Trump openly tests the boundaries of presidential authority and Congress seems powerless to stop him, the bigger question emerges: Have we returned to the same crisis that led the Founders to create the presidency in the first place - when a weak Congress creates demand for a strong executive? And if so, what can be done to restore the balance of power?

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