Skip to content
Search

Latest Stories

Top Stories

Now's the time for a cross-partisan push to stop future abuse of presidential power

Donald Trump

Some of the proposals in PODA respond directly to vulnerabilities in presidential power exploited by the Trump administration, according to Dayton and Lindgrensavage.

Joe Raedle/Getty Image

Dayton is a policy advocate and Lindgrensavage is a counsel at Protect Democracy, a nonprofit group advocating for policies that "prevent our democracy from declining into a more authoritarian form of government." Dayton once worked for a GOP House member and Lindgrensavage for a Democratic senator.


Imagine this: The conduct of the previous presidential administration has crystallized the need for Congress to reassert its constitutional authority as a check on the executive branch.

The year is 2021, to be sure. But it was also 1974. In the wake of the Watergate scandal, lawmakers of both parties acted to address weaknesses in federal laws and government institutions that Richard Nixon had either created himself or exposed.

Nearly half a century later the Protecting Our Democracy Act, a package of good-government reforms first proposed by Democratic Rep. Adam Schiff of California in September, aims to take similar steps toward restoring guardrails on executive power. The legislation is on course for a reintroduction in the House this month.

To raise awareness about the bill and advocate for its passage, experts from half a dozen democracy reform advocacy groups from across the political spectrum have written pieces touting its various virtues. These will appear in the Opinion section of The Fulcrum in coming weeks.

These individual analyses do not constitute an endorsement of the full package. What they demonstrate in combination, rather, is how the multifaceted measure draws from ideas proposed by Republicans and Democrats alike — and how Congress' constitutional prerogatives, not ideology, explain why they fit together.

The Protecting Our Democracy Act, which also goes by the acronym PODA, tackles a dozen different topics:

  • Limiting the president's pardon power.
  • Extending the deadline for prosecuting former presidents and vice presidents for federal crimes before or during their time in office.
  • Enforcing the constitutional ban on presidents using the office to enrich themselves.
  • Boosting enforcement of congressional subpoenas.
  • Reasserting Congress' power of the purse.
  • Mandating disclosure of contacts between the White House and Justice Department.
  • Strengthening protections for inspectors general.
  • Strengthening protections for federal whistleblowers.
  • Ensuring the Senate's say in confirming executive branch officials.
  • Bolstering enforcement of the Hatch Act.
  • Preventing foreign interference in elections.
  • Clarifying federal prohibitions on foreign assistance to campaigns.

Some of the proposals respond directly to vulnerabilities in presidential power exploited by the Trump administration, treating those abuses as lessons from which the need for reform must be learned.

It will remain difficult to hold future presidents accountable for violating the Emoluments Clause, the Constitution's ban on presidential profiteering, or attempting to sway the independence of the Justice Department, for example, without Congress creating mechanisms to guarantee such accountability.

Some of the proposals have a history of bipartisan backing — or began as Republican ideas. The provision to strengthen congressional control over the allocation of federal funds, for example, resembles a bill by Republican Sen. Mike Lee of Utah that the Homeland Security and Government Affairs Committee approved last year on an 11-2 vote. And improving protections for inspectors general and federal whistleblowers has been a longstanding priority of the most senior GOP senator, Chuck Grassley of Iowa..

The Protecting Our Democracy Act meets this current moment in two important ways.

First, it is the right response, and it is similar to a past, successful response in the aftermath to a similar period in our history. After Nixon's resignation, both Republican and Democratic lawmakers understood how his behavior had exposed weaknesses in the system of checks and balances that constrains presidential power, and they responded by enacting laws such as the Privacy Act and the Inspector General Act.

The parallels to today are now widely acknowledged by experts on the right, left and center. Trump "has revealed that the presidency is due for an overhaul for accountability akin to the 1974 reforms," Jack Goldsmith, an assistant attorney general in the George W. Bush administration, told the New York Times. (He and a White House counsel during the Obama administration, Robert Bauer, have come up with their own set of ideas for recalibrating the balance of power.)

Second, PODA responds to increasing numbers of lawmakers asking why their branch is so ineffective relative to the executive and the judiciary. Republican Sen. Ben Sasse of Nebraska, a frequent observer of this development, spent part of his time during last month's confirmation hearing for Attorney General Merrick Garland offering his views.

"I think it's a mix of overreach by Article II and underreach by Article I," he said, adding that it's not "as if everything that's wrong is chiefly outside the Congress, because I think we're probably chiefly to blame."

The Protecting Our Democracy Act gives Congress an opportunity to retake some of its authority and live up to its responsibility.

Ensuring the proper checks and balances between the executive and legislative branches is an ongoing obligation of Congress. But it hasn't kept pace in recent years with the expansion of presidential power or deterred presidents of both parties from exceeding — even abusing — their authority.

This House bill is a big first step on the path to catching up. The fact that Democrats are going to introduce this package when the president is a member of their party should not escape notice. Nor should the repeated instances of Republicans who have voiced concerns and floated measures about the relationship between the president and Congress. The opportunity to bring Republicans and Democrats together to act is now.

Read More

Protecting the U.S. Press: The PRESS Act and What It Could Mean for Journalists

The Protect Reporters from Excessive State Suppression (PRESS) Act aims to fill the national shield law gap by providing two protections for journalists.

Getty Images, Manu Vega

Protecting the U.S. Press: The PRESS Act and What It Could Mean for Journalists

The First Amendment protects journalists during the news-gathering and publication processes. For example, under the First Amendment, reporters cannot be forced to report on an issue. However, the press is not entitled to different legal protections compared to a general member of the public under the First Amendment.

In the United States, there are protections for journalists beyond the First Amendment, including shield laws that protect journalists from pressure to reveal sources or information during news-gathering. 48 states and the District of Columbia have shield laws, but protections vary widely. There is currently no federal shield law. As of 2019, at least 22 journalists have been jailed in the U.S. for refusing to comply with requests to reveal sources of information. Seven other journalists have been jailed and fined for the same reason.

Keep ReadingShow less
Democrats Score Strategic Wins Amid Redistricting Battles

Democrat Donkey is winning arm wrestling match against Republican elephant

AI generated image

Democrats Score Strategic Wins Amid Redistricting Battles

Democrats are quietly building momentum in the 2025 election cycle, notching two key legislative flips in special elections and gaining ground in early polling ahead of the 2026 midterms. While the victories are modest in number, they signal a potential shift in voter sentiment — and a brewing backlash against Republican-led redistricting efforts.

Out of 40 special elections held across the United States so far in 2025, only two seats have changed party control — both flipping from Republican to Democrat.

Keep ReadingShow less
Policing or Occupation? Trump’s Militarizing America’s Cities Sets a Dangerous Precedent

A DC Metropolitan Police Department car is parked near a rally against the Trump Administration's federal takeover of the District of Columbia, outside of the AFL-CIO on August 11, 2025 in Washington, DC.

(Photo by Kevin Dietsch/Getty Images)

Policing or Occupation? Trump’s Militarizing America’s Cities Sets a Dangerous Precedent

President Trump announced the activation of hundreds of National Guard troops in Washington, D.C., along with the deployment of federal agents—including more than 100 from the FBI. This comes despite Justice Department data showing that violent crime in D.C. fell 35% from 2023 to 2024, reaching its lowest point in over three decades. These aren’t abstract numbers—they paint a picture of a city safer than it has been in a generation, with fewer homicides, assaults, and robberies than at any point since the early 1990s.

The contradiction could not be more glaring: the same president who, on January 6, 2021, stalled for hours as a violent uprising engulfed the Capitol is now rushing to “liberate” a city that—based on federal data—hasn’t been this safe in more than thirty years. Then, when democracy itself was under siege, urgency gave way to dithering; today, with no comparable emergency—only vague claims of lawlessness—he mobilizes troops for a mission that looks less like public safety and more like political theater. The disparity between those two moments is more than irony; it is a blueprint for how power can be selectively applied, depending on whose power is threatened.

Keep ReadingShow less
Democrats Need To Focus on Communication

Democrat Donkey phone operator

AI illustration

Democrats Need To Focus on Communication

The Democrats have a problem…I realize this isn’t a revelation, but I believe they’re boxed into a corner with limited options to regain their footing. Don’t get me wrong, the party could have a big win in the 2026 midterms with a backlash building against Trump and MAGA. In some scenarios, that could also lead to taking back the White House in 2028…but therein lies the problem.

In its second term, the Trump administration has severely cut government agencies, expanded the power of the Executive branch, enacted policies that will bloat the federal deficit, dismantled parts of the social safety net, weakened our standing in the world, and moved the US closer to a “pay for play” transactional philosophy of operating government that’s usually reserved for Third World countries. America has veered away from being the model emulated by other nations that aim to build a stable democracy.

Keep ReadingShow less