If one thing can be said to characterize the first months of Donald Trump’s second term, it is his expansive and often norm-breaking use of presidential power, both abroad and at home. There are the lethal strikes on boats alleged to be smuggling drugs; the range of tariffs he’s imposed; the way he’s gone after enemies, withheld funds, and restructured the federal workforce; the list could go on. Trump has disregarded constraint after constraint on the power of the executive, and many of the forces expected to check that power—in the courts, in Congress, in the private sector or media—have shown little ability or willingness to do so.
In the early weeks of Trump’s second term, Mariano-Florentino Cuéllar wrote an essay in Foreign Affairs called “How to Survive a Constitutional Crisis.” Cuéllar, a former justice on the California Supreme Court who now serves as president of the Carnegie Endowment for International Peace, looked at Trump’s early moves and tried to lay out a framework for understanding which of them represented just radical shifts in policy, and which of them posed a threat to the very foundations of the American system. Cuéllar believes that the country’s courts, its system of federalism, and its independent media can still provide meaningful checks on presidential power. But time is of the essence, he warns, before these pillars of American democracy could start to crack.
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