“Trump’s assault on democracy isn’t just part of his past. It’s what he’s promising for the future.” Joe Biden
“Joe Biden is not the defender of American democracy; Joe Biden is the destroyer of American democracy.” Donald Trump.
Politicians are quick to declare every election as the most critical ever.
This year is no exception. After all, “democracy is on the ballot.”
Biden and Trump claim that the other is a threat to democracy. The magnitude of the threat is so immense, they contend, that it has the potential to permanently damage the political system.
The claims inject an already anxious electorate with a boost of adrenaline.
It’s no surprise that many voters are terrified about the prospects of a second term – for either man.
Recently independent candidate Robert F. Kennedy was asked who’s a greater threat, Biden or Trump. Kennedy pointed at Biden, who allegedly deployed federal agencies to censor political speech.
Shocked, Democrats countered that Trump’s efforts to overturn the 2020 election proved that he’s the real threat.
Republicans then charged that Biden is deeply corrupt and weaponized the federal justice system against Trump.
And around and around we go.
Confining presidents
Instead, let’s try this question: Could any president pose a genuine threat to democracy?
Answering yes signals a strong belief that presidents possess immense powers and control the means to exercise them. It also suggests a firm conviction that presidents are fully capable, and entirely willing, to dismantle the political system.
In this instance, Biden and Trump are widely considered past their primes, too old to be president, dreadful public speakers, and poor leaders.
What made these elderly, inept politicians suddenly capable of orchestrating a successful attack on our democratic institutions?
Fear.
Ironically, it was fear of an excessively authoritarian president that ultimately led to a constitution that limited presidential authority.
Here then are several safeguards that protect democracy from rogue presidents.
1. Separation of powers – three separate institutions (executive, legislative, judiciary) that share power. The executive cannot act without the acquiescence or explicit support of the other institutions.
At nearly every turn, Trump was challenged, and often defeated, by legislative and judicial measures. Among the many legislative actions that curbed Trump’s plans were two House impeachments and numerous investigations.
Biden’s actions have also been checked. The Supreme Court struck down his student loan forgiveness efforts and workplace vaccine mandates. In addition, House impeachment inquiries and oversight hearings have slowed Biden’s advances. Finally, the threat of Senate filibusters forced compromises on several legislative priorities.
2. Federalism – power is divided between the states and federal government. The COVID-19 pandemic spotlighted these important divisions.
During the pandemic, Trump talked a lot about his presidential authority. Yet it’s the states and their Governors that controlled public health policy.
Similarly, states have authority over other policy arenas including education, commerce, housing, election administration, and law enforcement.
Where states do not have broad authority, they still have substantial power to shape the nature and scope of policy enforcement.
Immigration is a good example.
Recall during Trump’s term many cities across the nation declared themselves sanctuary jurisdictions. This meant they would actively deny or limit cooperation with the federal government in enforcing immigration laws.
3. Federal agencies: Called the “deep state” by the Trump administration, federal agencies are the means through which the federal government carries out and enforces the law. Most agency employees are not appointed but hired within a merit system. They are permanent employees usually loyal to the agency and its missions as opposed to any one president.
The Department of Justice, for example, is led by the Attorney General, which is the nation’s chief law enforcement officer. Attorney Generals are appointed by the president and confirmed by the Senate.
It’s thus a political position.
However, most of the 115,000 career employees are devoted to law enforcement and defending the interests of the nation. In other words, Attorney Generals come and go, the agency and its culture remain.
If there are calls for an investigation of the president, Attorney General’s appoint an outside, independent counsel. This protects the Department’s autonomy and circumscribes presidential influence.
In cases where a federal agency appears overly political, Congress can initiate an investigation. Sanctions can be significant including agency resources and impeachment of administration officials – witness Biden’s homeland security chief Mayorkas. The Courts can determine the constitutionality of agency actions as well.
4. Executive order reversal. Presidents often use executive orders, which appear as an instance of unilateral power. However, Congress can pass legislation to invalidate the order. The order is also subject to judicial review – challenged in the federal courts.
Trump’s “Muslim Ban” order, issued in 2017, is an excellent example. The order stopped entry to the U.S. by citizens of 7 majority-Muslim countries. It was immediately challenged. The courts granted relief including a nationwide temporary restraining order that barred enforcement of major parts of the ban.
A year and half later, after several more court challenges, the Supreme Court upheld a third revision of Trump’s initial order.
After Trump lost, Biden repealed the order on his first day in office. Four years before that, on Trump’s first day, several Obama executive orders were reversed.
5. 22nd amendment: Ratified by the states on February 27, 1951, the amendment limits the number of times a person can be elected president to two terms. The amendment was a reaction to FDR’s unprecedented four terms.
6. Overreach: Presidential elections are typically won by attracting Independents. But once in office, presidents move to satisfy their core or party base. This turns away many Independents who had voted for more moderate policies. As a result, presidential approval declines and in the midterm elections the incumbent president loses seats in the House of Representatives.
Morris P. Fiorina presents this theory in Unstable Majorities.
Given the extremely close margins between the parties in Congress, presidential overreach and subsequent losses in the midterms act as an effective check on presidential power.
In Trump’s first midterm, Republicans lost 40 seats and its House majority. Likewise in 2022, Biden saw the Democrat House majority slip away.
7. Public approval: While president’s constitutional powers are comparatively weak, they do have the capacity to persuade. For example, a popular president is more effective passing legislation and building support for current and future priorities.
Biden and Trump are historically unpopular. Their capacity to establish a policy direction, or even facilitate small-scale agreements, eroded quickly during their terms as public approval fell.
Bottom line
Presidents, hailed as the most powerful individuals on the planet, face immense frustrations due to countless constraints that limit their authority.
And this is how it was meant to be.
Drastic changes in policy are nearly impossible. If significant changes do happen its generally the result of unforeseen circumstances – well beyond the control of presidents.
A realistic goal for presidents is to achieve progress through small, incremental steps.
So why the sharp rhetoric about threats to democracy?
First, fear motivates.
Fearful partisans will malign the opposition, participate in party rallies, volunteer for voter turnout drives, speak up for their candidates, and make sure to cast their votes on election day.
Second, the two parties confront each other at roughly equal strength. Both sides have experienced painful losses, and one side will be forced to confront this reality once again in November.
In this highly competitive context, the boundaries of political expression expand, creating space for more extreme ideas and emotions.
Intense political competition also exaggerates the danger that Biden and Trump pose.
Envision the world with virtually no competition. A time period where Democrats regularly win the White House and enjoy healthy majorities in Congress and statehouses across the country.
Democrats are secure and confident while Republicans are settled and compliant.
In this altered environment, candidate Trump appears more clown than conspirator, more spectacle than sinister force. He’s hardly a threat.
Biden transforms as well. His liabilities are overshadowed by strong and unwavering public approval. Age and physical limitations add to his amiable charm. He does not threaten for the American public love him.
Competition changes our perception of both men. Yet it does not change the foundations of the political system, nor specifically the powers of presidents.
consider the politics 