Impeachment and Limiting Executive Power: A Democratic Imperative

The upcoming midterm elections may result in Democrats reclaiming the majority in the House of Representatives, possibly the Senate too. This shift raises the question of whether to impeach President Trump again. Impeachment is necessary to accountability for presidential abuses and to prevent future presidents from emulating Trump’s disregard for the law.

Trump’s presidency has been marked by contempt for legal norms. His administration ignored court orders, closed departments without congressional approval, engaged in unlawful immigration enforcement, withheld Congress-approved funds, unlawfully imposed tariffs, and conducted warfare without consent or notification. No president has more warranted impeachment and removal from office.

Even if impeached, Trump is unlikely to be removed from office. While some Senate Republicans may favor removal, achieving a two-thirds majority remains improbable. Nonetheless, Congress must convey that presidential actions like Trump’s have repercussions.

Beyond impeachment, Congress must restrain executive power to prevent the recurrence of Trump’s presidency. Curtailing these powers can be accomplished through several measures.

A constitutional amendment limiting the pardon power is critical. The Framers did not foresee a president abusing this power as Trump has. Trump’s pardons, surpassing Truman’s pace, include beneficiaries like political allies and donors. Restrictions should be placed on self-pardons and pardons for relatives or individuals guilty of certain crimes.

The president’s war-making authority requires limitation too. The War Powers Act of 1974 aimed to restrict unilateral war efforts, demanding congressional consultation and approval. Trump disregarded these provisions. Strengthening the Act with automatic cut-offs of war-related funds lacking congressional approval is necessary. War decisions must reflect the will of representatives in a democratic society.

The executive’s tariff power needs regulation. Constitutionally, Congress handles tariffs, but it granted presidents this power conditionally. Trump’s actions have exceeded legal boundaries. Congress should insist on pre-tariff congressional approval and explicitly define emergencies when bypassing Congress is permissible.

These measures represent initial steps for Congress to reaffirm its Constitutional role regarding the presidency. Trump’s presidency highlights the urgency for action. Without restoring balance, future presidents may expand executive powers, undermining Constitutional checks and risking authoritarian rule.

Richard Davis is a professor emeritus of political science at BYU. He has authored several books on American politics.

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