Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Three ways a conservative finds Trump overstepping his bounds amid pandemic

Opinion

President Donald Trump
Mandel Ngan/Getty Images
Griffith is a research fellow specializing in financial regulations at the Heritage Foundation, a conservative think tank.

Stalemate continues in Congress over how to next mitigate the lingering economic pain inflicted by the coronavirus shutdown. Nearly all House members and senators publicly agree on the need to provide assistance to those impacted by this economic crisis. Yet, despite almost six months of discussion, legislation remains elusive.

President Trump has identified similar concerns and repeatedly expressed support for additional aid. And because of the lack of congressional action, he has aggressively explored an array of possible executive actions linked to existing statutory authority.

Much of this authority granted by Congress is either expansive or vaguely defined. Since our nation's founding, presidents have tested its outer limits. In response, Congress has often shirked its constitutional mandate to check the president from exceeding these limits. In addition, over the decades Congress has proactively ceded large swaths of its responsibilities to the executive branch. As a result, the executive branch wields power unimagined by the Founders.

Recent executive orders on payroll tax deferments, unemployment compensation and eviction moratoriums highlight the importance of restoring the balance of power envisioned by our founders. Our Constitution gives Congress the ultimate power to levy taxes, allocate spending and create law. The executive branch, headed by the president, bears the responsibility of faithfully executing those laws.

Earlier this year, Congress granted businesses leeway to defer until the end of 2022 the employer portion of the Social Security tax owed on the remainder of this year's wages. However, Congress chose not to defer the taxes for the employee portion. So Trump issued an executive order suspending collection of the employee portion for the rest of the year.

Regardless of desired economic outcome, the president lacks clear statutory authority to suspend collection of the tax in this manner.

Furthermore, most businesses are hesitant to transmit deferred taxes to employees. After all, employers still must remit these taxes, albeit at a delayed date. When the IRS bill comes due, they will be forced to withhold these deferred taxes from the paychecks of their workers.

The attempt to alter tax policy through executive order has frustrated the administration's desire to provide workers with a boost in take-home pay during the economic uncertainty.

Next, consider the state of federal unemployment benefits. The end of July marked the expiration of a weekly boost of $600 that had been provided since March under the last recovery package, known as the CARES Act. Ever since, Congress has failed to enact additional aid to the more than 11 million made jobless during the pandemic.

To lessen the blow, Trump issued an executive order directing that as much as $44 billion in the disaster aid reserves of the Federal Emergency Management Agency be used to provide $300 weekly in benefits (matched with $100 state payments) to anyone eligible for jobless insurance under the CARES Act. These funds were depleted in less than two months.

The president only embarked on this novel approach following Congress's failure to find a legislative solution. Unfortunately, the executive order sets a precedent of unilaterally declaring a federal emergency and then using that emergency to redirect appropriations.

Trump's third big move was on eviction moratoriums. He issued an executive order protecting all residents of rental properties until the end of the year. This order was predicated on the Public Health Services Act , which authorizes regulations "necessary to prevent the introduction, transmission or spread of communicable diseases from foreign countries into the states or possessions, or from one state or possession into any other." Examples listed in the law include "inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures."

So what legal rationale links an eviction moratorium to this authority? The clearest connection seems to be this part of the order: "Eviction moratoria — like quarantine, isolation, and social distancing — can be an effective public health measure utilized to prevent the spread of communicable disease."

But is a ban on evictions related to preventing the international or interstate spread of communicable diseases? Here are the facts: Total relocations in a typical year far exceed the number of evictions experienced even in the depths of the Great Recession at the end of the last decade. Then, the number of evictions failed to top 1 million households annually — or fewer than 2.5 million individuals. In contrast, more than 30 million Americans moved from one location to another last year in a healthy economy.

A blanket moratorium that fails to target a tenant's underlying health condition or coronavirus symptoms strays far from the express intent of the law Trump cited. Even the order itself hints the ban is meant as an economic relief measure, not a tool to protect the public from the spread of disease. For instance, the moratorium excludes people not in poverty or otherwise able to pay their rent.

In the midst of the current economic storm, the president's desire to help revive the economy and give relief to Americans who continue to suffer is understandable. And given the lack of action by a dysfunctional and politically divided Congress, it's understandable Trump is pursuing alternative approaches to alleviate the economic pain.

But our system of government, including enumerated powers and separation of powers, requires each branch to stay in its assigned lane. Creating economic policy through executive order threatens a further encroachment of the executive branch upon the legislative branch.

Reversing this long-term trend requires Congress to reassert its responsibility to legislate — and for the executive branch to once again focus on executing the law as written.


Read More

Protestors on one side of a caution tape line and people in mis-matching military gear on the other side.

Protesters clash with law enforcement after a federal agent shot and killed Alex Pretti on January 24, 2026 in Minneapolis, Minnesota.

Arthur Maiorella/Anadolu/Getty Images

Single Mothers Lost Months of Income Hiding From Ice — and Now Can’t Afford To Renew Immigration Papers

It was a frigid January morning in Minneapolis. Alexa quietly stepped outside her apartment to heat her car for her baby, who was waiting inside in her crib.

They immediately spotted her.

Keep ReadingShow less
Court’s Slaughter Decision Hands Presidents Sweeping New Authority

U.S. President Donald Trump in the Oval Office at the White House on July 24, 2026 in Washington, DC.

Photo by Eric Lee/Getty Images)

Court’s Slaughter Decision Hands Presidents Sweeping New Authority

This series from Lawyers Defending American Democracy connects the words of the Declaration of Independence and the Constitution to current events that threaten democracy and the justice system. Each piece highlights the unique responsibility lawyers carry—through their oath, professional obligations, and roles in their communities—to help the public understand what’s at risk and to speak out when democratic principles are under threat. LDAD’s call to action is straightforward: as the Founders once did, we must recognize threats to constitutional values, demand accountability, and act to defend them.

In its recent decision in Trump v. Slaughter, a divided Supreme Court approved an expansive use of presidential power that upsets the Constitutional balance between Congress and the President. The Court approved the President’s summary dismissal of agency leaders (in this case, commissioners of the Federal Trade Commission), notwithstanding a statute signed by a former President and the Court's own precedent specifically forbidding such dismissals. This decision will further politicize and weaponize much of our federal government.

Keep ReadingShow less
Reclassifying Faith?: Inside the Department of War’s Revision to Its List of Religions
man holding his hands on open book
Photo by Patrick Fore on Unsplash

Reclassifying Faith?: Inside the Department of War’s Revision to Its List of Religions

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

How Are Religions Recognized in the U.S. Military?

Keep ReadingShow less
Anti-gerrymandering sign

Anti-gerrymandering sign

Bill Clark/Getty Images

Don't Hold Your Breath Waiting for Politicians or Their Consultants to Fix Gerrymandering

2018, a nonprofit worker in Michigan named Katie Fahey posted a message online asking if anyone else was tired of politicians drawing their own districts. She had no campaign experience and no political base.

Within two years, the ballot initiative she built, called Voters Not Politicians, had written an independent redistricting commission into the Michigan constitution. Hollywood eventually made a documentary about it, Slay the Dragon, which is a fairly accurate description of what she had actually done.

Keep ReadingShow less