Silke Mayr Donald Trump has long seen the presidency as a role with almost unlimited power. If he returns to office for a second term, there will be few political or legal barriers left to curb his authority.
Trump’s resounding victory over Vice President Kamala Harris has transformed what was once considered a theoretical scenario—his potential to act with little restraint—into a real possibility. With the backing of a Republican-majority Senate, Trump will likely find himself in a powerful position to pursue his agenda without facing significant opposition.
Trump’s first term saw him systematically dismantling institutional guardrails, and he has continued to bypass legal checks since leaving office. As he heads back to the White House in January, Trump will benefit from these moves, making his second term one where the traditional checks on presidential power may no longer apply.
The Erosion of Constraints
There is no guarantee that Trump will use his expanded power recklessly, but his history suggests otherwise. He has consistently sought to undermine any constraints on his actions, whether political, legal, or institutional. His first term saw him consolidate control within the Republican Party by purging rivals and silencing dissent. With a Republican-majority Senate and a potentially Republican-controlled House, Trump’s ability to push through his policies will go largely unchallenged.
Perhaps most significantly, Trump will have a Supreme Court ruling in his favor that grants him significant immunity from prosecution for his actions while in office. This ruling, a direct result of Trump’s legal battles regarding the 2020 election, could be interpreted expansively by the president. With the conservative majority on the Court, Trump will have the legal cover to act without fear of prosecution for certain actions.
A Mandate for Unchecked Power
Trump’s victory in the election, which saw him expand his support across a range of demographics, gives him a sense of democratic legitimacy. By winning a decisive Electoral College majority, Trump will argue that his mandate is clear: he has the right to govern without the usual constraints. As he declared at his victory speech, “America has given us an unprecedented and powerful mandate.” This assertion strengthens his position, allowing him to push forward an agenda that many would consider autocratic.
Although Trump denies any intention to centralize power, his actions during his first term and his rhetoric in the lead-up to his return suggest otherwise. From proposing the largest deportation operation in U.S. history to vowing to use military force against “domestic enemies,” Trump has shown little regard for traditional democratic norms. In his second term, these inclinations could become more pronounced.
Avoiding Accountability
One of the key factors in Trump’s ability to act with little oversight is his history of sidestepping legal consequences. Despite being impeached twice—once over his attempts to coerce Ukraine into interfering in the 2020 election, and again for his role in the January 6th Capitol insurrection—Trump faced no real consequences. Senate Republicans failed to convict him, rendering the impeachment process effectively toothless.
Even as Trump faces ongoing investigations, including those related to his role in the 2020 election and his handling of classified documents, he has managed to delay or avoid accountability. The Justice Department, citing long-standing guidelines that protect sitting presidents, has already indicated that it may not pursue certain cases against him during his second term. With this legal cushion in place, Trump will likely face minimal repercussions for his actions.
The Expansion of Executive Power
One of the most alarming aspects of Trump’s second term could be his ability to stretch the powers of the presidency beyond their traditional limits. Trump has previously indicated that he views Article II of the Constitution as granting him nearly unchecked authority, once stating, “I have the right to do whatever I want as president.” Although Article II outlines the powers and responsibilities of the presidency, it does not provide carte blanche for executive action.
This expansive view of presidential power has already prompted warnings from legal experts. Corey Brettschneider, a professor of political science at Brown University, cautions that the risk of authoritarianism is very real. He draws on the concerns of American Founders like Patrick Henry, who worried that an unrestrained presidency could lead to a situation where a president with authoritarian ambitions could consolidate unchecked power. With Trump’s history of ignoring democratic norms and his current aspirations, these concerns are no longer abstract—they are tangible threats to U.S. democracy.
Trump’s admiration for autocratic leaders like Vladimir Putin, Xi Jinping, and Viktor Orbán shows a clear pattern. He has consistently praised these leaders for their strong, centralizing control, and his rhetoric suggests that he could seek to emulate their leadership styles, sidelining democratic institutions in the process.
Can Anything Hold Him Back?
In theory, there are a few potential checks on Trump’s power. The most significant one is the sitting president’s own willingness to adhere to the limits of executive authority. However, self-restraint has never been Trump’s strong suit. His entire political appeal is built on rejecting the established norms and institutions, and in his second term, he will have no political incentive to moderate his actions, knowing that he is no longer campaigning for re-election.
If Democrats manage to hold onto the House of Representatives, they could use their oversight powers to challenge Trump’s actions. However, given the Republicans’ lead in congressional races, the likelihood of effective opposition is slim.
The courts could also play a role in holding Trump accountable, particularly if activist groups file lawsuits challenging his executive orders. However, with Trump’s judicial appointments—particularly the conservative judges he installed during his first term—there is a real possibility that the courts will be sympathetic to his actions. The Supreme Court, which has leaned right for years, is unlikely to rein in a president from his own party.
Additionally, Trump’s tendency to appoint loyalists to key positions, as he did during his first term, further consolidates his power. With loyalists in charge of key departments, the president can effectively bypass any bureaucratic resistance.
The Future of American Democracy
Ultimately, the fate of American democracy may rest on the actions of the president himself. While legal challenges, protests, and oversight could slow some of Trump’s more extreme actions, history shows that once a president is in power, it is often difficult to stop them from acting. The U.S. system of government was designed with the assumption that leaders would be virtuous, but when a president lacks that virtue, the system can be manipulated.
If Trump uses his second term to further undermine democratic institutions and consolidate his power, the country could face a moment of reckoning. The possibility of authoritarianism is no longer an abstract concern—it is a very real risk. And as Trump has shown in the past, he is willing to do whatever it takes to maintain control, regardless of the consequences for the democratic system.