Polls and prediction markets indicate that Democrats may regain control of the House of Representatives in the upcoming midterm elections, with the Senate possibly following suit. Should this occur, they will face the decision on whether to impeach President Trump once again. Impeachment is necessary not only for accountability but also to rein in presidential power and prevent future abuses like those seen during Trump’s tenure.
Trump has been accused of disregarding the rule of law, with actions such as ignoring court orders, closing departments without proper approval, enforcing immigration laws aggressively and unlawfully, withholding congressional funds, imposing tariffs without authority, and engaging in military actions without Congress’s consent or notification. These actions arguably make him one of the most impeachable presidents in U.S. history. However, even if impeached, the likelihood of removal by a Senate two-thirds majority remains low due to political dynamics.
Nevertheless, Congress should convey that actions akin to Trump’s cannot proceed without repercussions. Beyond impeachment, legislative measures are crucial to curb executive overreach and avoid a repeat of Trump’s presidency. One approach is to pass a constitutional amendment to limit the pardon power. The Founders likely did not foresee a president misusing pardon powers as extensively as Trump. His pardons have frequently benefited allies and wealthy donors, as well as individuals involved in events like the January 6 riot. Limitations could include barring self-pardons, restricting pardons for relatives, and defining crimes that disqualify individuals from receiving pardons. The pardon process should avoid becoming a transactional tool for presidential gain.
Another area for reform is presidential war-making power. The 1974 War Powers Act aimed to prevent presidents like Lyndon Johnson and Richard Nixon from engaging in war without Congressional oversight. Despite this, Trump claimed that such provisions limited his objectives against Iran. Congress must strengthen the War Powers Act, potentially through automatic funding cutoffs for unauthorized military engagements. The decision to go to war should be deliberated by representatives, not solely the president.
Additionally, the president’s tariff authority requires reconsideration. Constitutionally, Congress controls tariff imposition, but exceptions have allowed presidential discretion in emergencies. Trump exploited these conditions. Congress should demand prior approval for tariffs or stipulate clear criteria for emergencies allowing executive action.
These steps represent initial efforts for Congress to reassert constitutional authority over the presidency. Addressing the oversteps witnessed in Trump’s administration is crucial to maintaining a balance of power. Without such measures, the expansion of executive authority could render constitutional checks insignificant and risk turning presidents into autocrats.
Richard Davis, a professor emeritus at BYU, authored several books on U.S. politics.
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