Skip to content
Search

Latest Stories

Follow Us:
Top Stories

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

Opinion

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

SNAP Isn’t a Negotiating Tool. It’s a Lifeline.
apples and bananas in brown cardboard box
Photo by Maria Lin Kim on Unsplash

SNAP Isn’t a Negotiating Tool. It’s a Lifeline.

Millions of families just survived the longest shutdown in U.S. history. Now they’re bracing again as politicians turn food assistance into a bargaining chip.

Food assistance should not be subject to politics, yet the Trump administration is now requiring over 20 Democratic-led states to share sensitive SNAP recipient data—including Social Security and immigration details—or risk losing funding. Officials call it "program integrity," but the effect is clear: millions of low-income families may once again have their access to food threatened by political disputes.

Keep ReadingShow less
Democrats’ Redistricting Gains Face New Court Battles Ahead of 2026 Elections
us a flag on white concrete building

Democrats’ Redistricting Gains Face New Court Battles Ahead of 2026 Elections

Earlier this year, I reported on Democrats’ redistricting wins in 2025, highlighting gains in states like California and North Carolina. As of December 18, the landscape has shifted again, with new maps finalized, ongoing court battles, and looming implications for the 2026 midterms.

Here are some key developments since mid‑2025:

  • California: Voters approved Proposition 50 in November, allowing legislature‑drawn maps that eliminated three safe Republican seats and made two more competitive. Democrats in vulnerable districts were redrawn into friendlier territory.
  • Virginia: On December 15, Democrats in the House of Delegates pushed a constitutional amendment on redistricting during a special session. Republicans denounced the move as unconstitutional, setting up a legal and political fight ahead of the 2026 elections.
  • Other states in play:
    • Ohio, Texas, Utah, Missouri, North Carolina: New maps are already in effect, reshaping battlegrounds.
    • Florida and Maryland: Legislatures have begun steps toward redistricting, though maps are not yet finalized.
    • New York: Court challenges may force changes to existing maps before 2026.
    • National picture: According to VoteHub’s tracker, the current district breakdown stands at 189 Democratic‑leaning, 205 Republican‑leaning, and 41 highly competitive seats.

Implications for 2026

  • Democrats’ wins in California and North Carolina strengthen their position, but legal challenges in Virginia and New York could blunt momentum.
  • Republicans remain favored in Texas and Ohio, where maps were redrawn to secure GOP advantages.
  • The unusually high number of mid‑decade redistricting efforts — not seen at this scale since the 1800s — underscores how both parties are aggressively shaping the battlefield for 2026.
So, here's the BIG PICTURE: The December snapshot shows Democrats still benefiting from redistricting in key states, but the fight is far from settled. With courts weighing in and legislatures maneuvering, the balance of power heading into the 2026 House elections remains fluid. What began as clear Democratic wins earlier in 2025 has evolved into a multi‑front contest over maps, legality, and political control.

Hugo Balta is the executive editor of the Fulcrum and the publisher of the Latino News Network

Kelly Sponsors Bipartisan Bill Addressing Social Media

Sen. Mark Kelly poses for a selfie before a Harris-Walz rally featuring former President Barack Obama on Oct. 18, 2024.

Photo by Michael McKisson.

Kelly Sponsors Bipartisan Bill Addressing Social Media

WASHINGTON – Lawmakers have struggled for years to regulate social media platforms in ways that tamp down misinformation and extremism.

Much of the criticism has been aimed at algorithms that feed users more and more of whatever they click on – the “rabbit hole” effect blamed for fueling conspiracy theories, depression, eating disorders, suicide and violence.

Keep ReadingShow less
The “Big Beautiful Bill” Becomes Law: From Promise to Fallout
a doctor showing a patient something on the tablet
Photo by Nappy on Unsplash

The “Big Beautiful Bill” Becomes Law: From Promise to Fallout

When I first wrote about the “One Big Beautiful Bill” in May, it was still a proposal advancing through Congress. At the time, the numbers were staggering: $880 billion in Medicaid cuts, millions projected to lose coverage, and a $6 trillion deficit increase. Seven months later, the bill is no longer hypothetical. It passed both chambers of Congress in July and was signed into law on Independence Day.

Now, the debate has shifted from projections to likely impact and the fallout is becoming more and more visible.

Keep ReadingShow less