Federalism and the Self-Proclaimed King
Illustration by author using Adobe Photoshop 2025, from initially AI-generated image (DALL-E)
As confusing as it may sound, modern-day Republicans are akin to Democrats of the mid-1800s, while today’s Democrats share similar values to the Republican party under Lincoln. Republicans didn’t begin espousing “limited government” until Roosevelt implemented his New Deal on the heels of The Great Depression. Post-WWII, Republicans have generally focused on economics & business development over social policy (which is somewhat ironic, given that the economy fares better under Democrat Presidents, but I digress).
What fascinates me – in a morbid “gotta laugh so you don’t cry” kind of way – is how contemporary Republicans talk a big game about empowering the states and limiting the federal government, yet, we have a President in office right now who is attempting to wield unchecked, supreme power over the other two branches of government, entirely.
Writing for Bloomberg Law back in 2020, scholar Ediberto Román noted: “What Trump fails to fully grasp, or chooses to reject, is that our governmental system consists of a structure of shared powers and duties.”
Oh, how prescient that observation was!
Those shared powers and responsibilities are outlined in the Constitution of the United States. The Constitution delegates power in Articles 1-3 as follows:
Legislative power (making laws) = Congress
Executive power (implementing & enforcing laws) = President
Judicial power (interpreting laws) = Supreme Court
In addition, the 9th Amendment explains that the rights outlined in the Constitution are not exhaustive; in other words, the people have more rights than just the ones specifically mentioned. The 10th Amendment takes a reverse approach, stating that powers not specifically allocated to the federal government belong to the states or the people.
So, what is “executive power”? The Executive branch (aka, the President, Vice President, Cabinet, executive departments, and independent agencies) can enforce the laws that Congress passes or suggest things to Congress that they believe should become laws. Congress also creates and funds federal departments & agencies, and those units, in turn are subject to judicial review and constitutional parameters.
In other words, the President (and by extension, the rest of the Executive branch) implements, manages, and administers laws and public policies. What the President is not authorized to do is make laws or interpret laws.
This distinction has been important since our country’s founding. The Federalists of that time advocated for a strong central government, and to their credit, their efforts in our young country’s early days helped to create a national bank, address debt carried over from the Revolutionary War, and manage international trade. Nevertheless, Federalists still supported the separation of powers in Articles 1-3.
On the other hand, the original Anti-Federalists (later variations included the Democratic-Republican Party, also known as the Jeffersonian Republican Party) were leery of concentrated presidential power, believing it to be a threat to personal liberty and states’ power. (And for good reason, considering the founders were seeking to escape a power-hungry monarchy.)
What is happening right now between Chief Cheeto who fancies himself king, the dodgy DOGE goons, and the impotent Republican majority in Congress is absolutely antithetical to the Constitution.
One might even say it was prophetic when Román predicted: “In a second term presidency, we will witness a more determined Trump without need for compromise. In the end, Trump will not change, and if not ultimately checked, we will witness attempts at a monarchial reign with less consultation, deliberation, or cooperation with states and other branches of government.”
As each newly chaotic day passes, I worry that it will soon become too late to turn the tide.
References for further reading (in case anyone cares):
Román, E. (2020). Bloomberg Law. https://news.bloomberglaw.com/us-law-week/insight-president-trumps-misunderstanding-of-federalism
https://federalism.org/encyclopedia/no-topic/trump-donald/
https://www.brookings.edu/books/trump-the-administrative-presidency-and-federalism/
https://www.trumanlibrary.gov/education/three-branches/what-president-can-do-cannot-do