The American Revolution was a struggle for independence from a king whose abuse of power made him a tyrant. To prevent a repeat of history, the founders built guardrails into the United States Constitution to thwart the consolidation of power in the hands of a would-be tyrant.

Indeed, the Constitution divided government authority into three distinct branches. Each branch was given the means to restrain or “check” the other two branches to prevent abuse of power. For over 200 hundred years, this system of “checks and balances” has worked well. However, in a matter of months, President Donald Trump is testing the limits of these Constitutional guardrails. 

While he is the leader of the Executive Branch, President Trump felt it necessary to consolidate power within his own branch of government. Trump hand-picked department heads whose top qualification was unquestioning loyalty to Trump himself. Therefore, we cannot expect to see many figures like former Chief of Staff John Kelly stepping in to curb impulsive, imbalanced ideas that may cross the president’s mind. Trump’s new Department of Government Efficiency (DOGE) also has taken over several executive agencies, firing many of their employees in the process.

The Legislative Branch often leads the charge in checking the power of the presidency. Congress has done this through the power of the purse and oversight/investigative hearings. The most powerful tool in Congress’ toolbox is impeachment and removal of a president. With Republican control of the House and Senate, it is unlikely there will be any serious check on Trump’s power by Congress. Far from it, Republicans have fallen over themselves to please President Trump. Indeed, the Republican-led Congress willingly voted away its authority to check Trump’s emergency power enabling his erratic trade wars with our close trading partners, such as Canada. 

The last branch of government that can check the president's power is the Judicial Branch. Federal courts have been busy with lawsuits responding to numerous executive orders issued by President Trump. While enforceable, executive orders must comply with federal law and the Constitution. The courts are the rightful arbiters of whether presidential executive orders are lawful or Constitutional.

Recently, a Bush-appointed federal judge ordered the Trump administration to halt temporarily the deportation of alleged gang members pending the court’s review of the rarely used 1798 law cited as grounds for their expulsion. Rather than waiting for a court opinion regarding the law, Trump immediately took to social media to personally and publicly attack the judge, calling him a “Radical Left Lunatic” and “a troublemaker and agitator.” As if that were not bad enough, Trump called for this judge to be impeached! Hours later, US Supreme Court Chief Justice John Roberts rebuked Trump’s remarks, stating, “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.” Both Republican and Democratic presidents have had their power checked by the courts; that is simply how our system works. 

With no Legislative Branch check in sight, the Judicial Branch is the only branch to check Trump’s presidential power. President Trump has begun to undermine the reputation of the courts in the eyes of the public. I believe Trump will not relent in his quest to throw off any limitations on his power. Should Trump defy all judicial authority, our system of checks and balances will have failed. In spite of the hopes of our founders, history will repeat itself – our nation will once again be ruled by a king.      

James Sheehan is a 30-year teacher of civics and U.S. history and a 20-year Rhode Island state senator.