Skip to content
Search

Latest Stories

Top Stories

At the next debates, ask about things a president can do

Opinion

Democratic debate

Democratic presidential candidates debate at the Fox Theater in Detroit.

Scott Olson/Getty Images

Marcum is a governance fellow at R Street Institute, a nonpartisan, pro-free-market, public policy research organization.

July's Democratic presidential debates highlighted a number of important national issues. From health care to economic inequality, candidates offered many purported solutions. The vast majority of these ambitious plans, however, face a fundamental constitutional roadblock: Congress.

Without congressional support, plans such as Medicare for All or amending the Immigration Nationality Act are dead on arrival. Voters, candidates and media alike are well aware that Senate Majority Leader Mitch McConnell would prevent any such legislation from passing his chamber, and if Republicans take the House, the chances for passage are even slimmer.

But if you were completely unfamiliar with American civics, you might have assumed from watching the debates that a president's role is to make policy and lambaste Congress when it does not comply. But of course, all legislative power rests with Congress. Viewers of the debates would be better served by questions that illuminate the presidency's actual institutional roles. These responsibilities are vital for governing, but we often fail to press candidates about them until it is too late.


The president is the commander in chief and has the responsibility to "take care that the laws be faithfully executed." The president also possesses the power to nominate federal judges and high-level federal officials who oversee the workings of an ever-expanding executive branch.

Legal scholars and government lawyers often discuss the "inherent powers" of the presidency, which include the power to issue executive orders. We should want to know how, as president, the Democratic candidates would wield this power. Last month, for instance, Sen. Kamala Harris tweeted that, as president, she would "give Congress 100 days to put a gun safety bill on [my] desk for signature." If Congress failed to do so, she would "take executive action." What sort of executive action would she take? Does she believe, as president, she could impose an executive order as broad or as wide-reaching as any law imposed by Congress?

Such executive orders would certainly face legal challenges. The Trump administration's own regulatory decision to ban bump stocks was quickly challenged and continues to be litigated in federal court. Would Democratic candidates implement a similar regulatory strategy? Presidents appoint numerous senior officials to the Department of Justice. If the bump stocks case remains unresolved under a Democratic administration, would these new senior legal officials continue the charge? The Trump administration has been routinely criticized for its eagerness to reverse legal arguments raised during the Obama administration. Would a Joe Biden administration just as quickly return to Obama-era positions?

Beyond inherent powers, candidates have spent little time discussing roles specifically tasked to presidents by the Constitution. Consider the president's power to nominate high-level federal officials and judges. Who would Sen. Elizabeth Warren nominate to lead the Department of Health and Human Services if she becomes president? Who would Sen. Bernie Sanders tap to run the Department of the Treasury if he does? Criminal justice reform has been a hallmark of Sen. Cory Booker's platform. Would he pledge to name an attorney general who has experience as a public defender or serving nonprofit legal clinics?

As the third branch of government, the judiciary often gets third-rate consideration on the campaign trial. That was different in 2016, and now President Trump and Senate Republicans often cite the confirmation of dozens of federal judges as their greatest political achievement. But the only real discussion of the judiciary among Democratic candidates has concerned proposals to add seats or set term limits on the Supreme Court, even though the former holds bipartisan opposition and the latter would require amending the Constitution.

Federal judges serve for life and the ramifications of their decisions will last well beyond any one administration. But in the July debates, no Democratic candidates were asked about the judiciary. Yet over the same 48 hours, the Senate confirmed an additional 13 federal judges. Candidates should consider this disconnect. And in the next round of debates, they should tell us whether they have a draft list of qualified candidates for the Supreme Court, just as Trump did when he was the GOP nominee.

The presidency is a unique and powerful role. Yet too often, platforms and campaign promises sidestep the important constitutional responsibilities of the commander in chief. In addition to legislative priorities, candidates should answer how they intend to use the powers of the presidency. Doing so will be helpful for voters and perhaps cast a wider and more recognizable divide between the current presidential nominees.


Read More

Classsroom
empty classroom with desks and chalkboard
Photo by Ivan Aleksic on Unsplash

Who Gets a Seat?: Florida’s New Bans on Undocumented Students in Public Higher Education

Each year, roughly 8,000 undocumented students graduate from Florida high schools. In 2026, Florida became the newest state to pass a regulation prohibiting this population from enrolling in state public colleges and selective universities. In June 2026, Florida State Board of Education passed Rule 6A-10.0240, which requires all 28 Florida College System institutions to certify admitted students as citizens of the United States or have lawful presence. In September 2026, a separate state board extended a similar ban to Florida’s most selective public universities.

Throughout the United States, there are three states that have historically upheld similar barring policies: Alabama and South Carolina ban undocumented students from all public colleges and universities, while Georgia bars them only from its most selective public universities. Florida’s restrictions are administrative rules and regulations, not state laws passed by the Legislature. Similar bills died in committee during Florida’s 2026 legislative session.

Keep ReadingShow less
White marble exterior of the United States Capitol, often called the Capitol Building, is the home of the United States Congress and the seat of the legislative branch of the U.S. federal government

The CLARITY Act crypto bill failed a procedural vote on Sept. 15, but it could return. Here's what it does, who would regulate crypto, and the Trump angle.

Richard Sharrocks / Getty Images

The CLARITY Act

The CLARITY Act

The CLARITY Act, which failed in a procedural vote on Sept. 15, and a new venture by the Trump family’s World Liberty Financial cryptocurrency company made us think it was time to write about the cryptocurrency legislation. Even though it’s not currently active, the bill could come back.

Keep ReadingShow less
Tattered American flag

Trump's "Restoring Truth and Sanity" order targets how museums and parks present slavery and racism. Why one writer says Americans should push back.

Nisian Hughes/Getty Images

Trump's Mendacious, Deceitful Rewriting of American History

History is made of two parts. One is indisputable facts and the other is the interpretation of those facts. The history of history is filled with varying interpretations of the basic facts, usually tinted by the perspective of the historian or commentator. That perspective can be the writer's political leanings, his philosophy, or any number of personal biases.

All historians, however, whether conservative or liberal, regardless of philosophy generally agree on the basic facts. For example, while there are fringe groups and individuals who deny that the Holocaust happened—that 6 millions Jews were killed by the Nazis—no reputable historian disputes that fact.

Keep ReadingShow less
​Paintings of Stalin

Paintings of Stalin on sale to tourists in Tbilisi's old quarter, Georgia

Getty Images

The Stalinization of America

In the mid-1930s in the Soviet Union, under Joseph Stalin's leadership, the NKVD (the predecessor of the KGB) drove around Moscow and other cities in trucks with the word ХЛЕБ on the side. This translates into English as “Bread,” leaving the appearance that these were bakery trucks distributing fresh bread throughout the city. The stories are well told by some of the great dissident Soviet writers of the time, like the poet Osip Mandelstam, his wife Nadezhda, and several others. Osip Mandelstam was first arrested in part for his satirical poem about Joseph Stalin entitled The Stalin Epigram.

Recently, one is drawn to recognize the parallels between the NKVD bread trucks and black SUVs filled with ICE officers, who mask their faces and offer no identification as they snatch children and adults off the street because they have melanin in their skin or speak with an accent. Like the NKVD, ICE officers shoot people without substantive explanation, detain more than 66,000 people, many without criminal records, including occasional citizens, and ship them off to undisclosed detention centers. They have also deported hundreds of thousands of people, often without notice or due process.

Keep ReadingShow less