Skip to content
Search

Latest Stories

Top Stories

When Separation of Powers Becomes a Suggestion

Opinion

When Separation of Powers Becomes a Suggestion
We the People billboard
Photo by Larry Alger on Unsplash

One of the most dangerous mistakes Americans are making right now is treating the threat to our democracy as a collection of daily outrages — the latest social media post, the latest threat, the latest norm broken. Those things are certainly bad, often stunningly so. But they are not the real problem. The real problem is structural, and it runs much deeper.

At his most charitable interpretation, Donald Trump does not think like an elected official operating inside a constitutional democracy. He thinks like a businessman. In that mindset, success is measured by dominance, efficiency, and loyalty. What produces results is kept; what resists is discarded. Rules are obstacles. Norms are optional. Institutions exist to serve the leader, not to restrain him. At present, this governing style is all about energizing perceived positives and minimizing perceived negatives. Increasingly, those “negatives” are people: immigrants, minorities, trans Americans, and the poor. The danger here is not just institutional; it is human. When checks and balances weaken, there are fewer brakes on policies that treat entire groups as costs to be managed rather than citizens to be protected.


That worldview, by itself, should not be enough to upend American democracy. The Constitution was not designed to depend on presidential restraint. It was designed to counteract its absence. The Framers built a system with three strong, independent branches of government precisely because they assumed ambition, ego, and self-interest would always be present. One outlier, no matter how loud or aggressive, was not supposed to knock over every apple cart.

That safeguard is now failing.

The Constitution is explicit about the division of power between the federal government and the states. Election administration, for example, is assigned to the states under Article I, with Congress — not the president — permitted to alter those rules by law. The president has no constitutional role in this arrangement. This structure has been reaffirmed repeatedly by the courts. Federalism is not a custom or a courtesy; it is the architecture of the system.

That is why Trump’s recent suggestion that elections should be “nationalized” matters so much. It is not just unconstitutional; it reveals an assumption that Congress is a subordinate body rather than a coequal branch. If the most fundamental expression of democratic self-government — how we vote — can be spoken of as something the executive and his political party might simply take over, then the guardrails are already being treated as optional.

What has changed is not the Constitution. What has changed is the behavior of those entrusted to enforce it.

Today, the executive branch does not merely influence the legislative branch; it has effectively subsumed it. A majority of lawmakers in the president’s party have aligned their political survival with his approval. Through campaign fundraising ecosystems, endorsements, primary threats, media amplification, and the distribution of political favors, loyalty to the president is rewarded while independence is punished. Oversight is recast as disloyalty. Resistance is treated as betrayal. Power now flows in a closed loop: if you help keep the president in power, he helps keep you in power — and the legislative branch itself disappears inside that transaction.

In essence, Congress increasingly behaves like the junior partner — a little brother — rather than a coequal branch. Hearings vanish. Subpoenas go unused. The power of the purse is rarely asserted. Statements and proposals that would once have triggered immediate constitutional alarms are met instead with silence, deflection, or enthusiastic support.

This is how separation of powers collapses in civics textbooks. Even more alarmingly, it is also how it collapses in real life.

The judiciary has offered only partial resistance. While courts remain independent in principle, they are slow by design and cautious by temperament. Many judges, including a significant portion of the Supreme Court, were appointed by the same president now pushing the boundaries of constitutional authority. That does not mean judges act out of personal loyalty. It does mean that ideological alignment, procedural restraint, and institutional reluctance often blunt the courts’ willingness to confront executive overreach head-on, especially when Congress refuses to do its job first.

The Constitution was designed to withstand the ambition of individual actors within a branch; it was not designed for a moment when an entire coequal branch would so willingly bend the knee. In that vacuum, power need not be seized. It simply accumulates. Authority concentrates. Boundaries blur. The public is conditioned to see “the government” as a single entity with a single leader, rather than a system deliberately engineered to force friction, disagreement, and restraint.

If this sounds abstract, Americans need only look abroad to see how it plays out. Hungary used to be a constitutional democracy with courts, elections, and formal checks on power. Over the past decade, Prime Minister Viktor Orbán has not abolished elections or openly dismantled democratic institutions. Instead, he fused executive and legislative power through party loyalty, weakened independent oversight, packed courts, and steadily reframed the state as an extension of his political movement. Elections continued. Courts remained open. But the system’s internal resistance eroded, and with it went meaningful democratic accountability. Hungary did not fall all at once. It slid.

Seen through this lens, the true danger is not any one proposal to “nationalize” elections, deploy federal agencies provocatively, or disregard precedent. Those are symptoms. The disease is the erosion of the democratic underpinnings themselves — the quiet abandonment of the idea that power must be contested in order to remain legitimate.

The Framers assumed ambition would counteract ambition. What they did not anticipate was a political culture in which party loyalty would eclipse national loyalty, and in which defending the Constitution would be treated as a political liability rather than a civic obligation. A constitutional system cannot survive on parchment alone. It requires people in power who are willing to say no and to stand up for America — even when it is inconvenient, risky, or personally costly.

That willingness is now in dangerously short supply.

If Americans focus only on the daily spectacle, they will miss the deeper story. The greatest damage being done is not the noise of any given day, but the normalization of a system in which one branch leads, another follows, and the third hesitates. That is not a temporary imbalance. It is a structural shift — and once those habits take root, they are extraordinarily difficult to undo.

The Constitution has not failed us yet. But it is being asked to function without the human backstop it depends on. That, more than any headline, is the real crisis we should be talking about.

Brent McKenzie is a writer and educator based in the United States. He is the creator of Idiots & Charlatans, a watchdog-style website focused on democratic values and climate change. He previously taught in Brussels and has spent the majority of his professional career in educational publishing.


Read More

​U.S. Defense Secretary Pete Hegseth

U.S. Defense Secretary Pete Hegseth testifies during a Senate Committee on Appropriations hearing on Capitol Hill in Washington, D.C., on July 21, 2026. Hegseth is crafting a strong and masculine identity for his audience as he reportedly contemplates a presidential run.

(Alex Wroblewski/AFP/Getty Images/TNS)

Politicians Can’t Just ’Give the People What They Want’

For reasons that will baffle my many detractors, I am often asked for advice about being an opinion journalist. One of my standard responses is: You have to be willing to disappoint your biggest fans.

What I mean is that if you start to see your job as telling fans what they want to hear, you risk becoming an entertainer rather than a thinker, and eventually you become a caricature. I’ve seen it happen numerous times. Patrick Buchanan was a brilliant columnist and a serious person. But over the course of his career, he listened too much to the people who said, “Go Pat, go!” and too little to friends who said, “I think that’s taking it too far.”

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

Congress approval is at a record-low 10%. Moderation and consensus-building, not partisan theatrics, are how Washington gets problems solved.

Richard Sharrocks / Getty Images

Reclaiming the Politics of the Possible

Washington is stuck in a cycle of performative conflict. The incentives seem to reward outrage, not outcomes that last; purity tests, not problem‑solving. So it’s no surprise that after three shutdowns in less than a year, public approval of Congress collapsed to just 10 percent this spring. (Gallup, April 2026.) But the country we live in — where many middle-income families report persistent financial strain and businesses are navigating unprecedented technological upheaval — cannot be governed by theatrics. Breaking this cycle requires moderation, consensus‑building, and a cooperative approach to governance.

This is not a call for centrism as an ideology. Instead, this is a call for transformative leaders to embrace moderation as their governing strategy, recognizing that in a pluralistic country of nearly 350 million people durable solutions require broad and stable alliances. Ultimately, this is a call for the 240 million of us who are eligible to vote in November to elect consensus-builders instead of bomb-throwers, and healers instead of arsonists.

Keep ReadingShow less
California’s New Law Aims To Close a Housing Gap for Domestic Violence Survivors
Emily Scherer for The 19th; Getty Images

California’s New Law Aims To Close a Housing Gap for Domestic Violence Survivors

Domestic violence survivors often struggle to find housing, and California’s “Unseen and Unheard Housing Act” will help make more housing available to meet their specific needs.

California Gov. Gavin Newsom signed the bill Sunday requiring cities and counties to factor in domestic violence survivors when planning for future housing.

Keep ReadingShow less
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