Democrats Urged to Restore Checks and Balances in U.S. Politics

The reluctance of Republicans to oppose President Donald Trump has led the country towards a concerning political state. With Democrats now controlling Congress, the focus should not be on retaliation. Instead, efforts must center on reestablishing the checks and balances essential to American democracy. Doing so can demonstrate their ability to govern effectively.

Despite this shift, President Trump still holds veto power over Democratic initiatives aiming to balance the executive and legislative branches. Some Republicans may have learned from Trump’s actions and could collaborate with Democrats to reach two-thirds majorities needed to override vetoes and uphold the law. However, Democrats should not rely on this possibility entirely, as secure Republican seats might obstruct frequent bipartisan cooperation.

Assuming Trump maintains the loyalty of at least 34 senators, Democrats face potential conflicts. They will attempt to reclaim congressional authority over taxation and spending. Trump undermined these by ignoring allocated funds and using tariffs to generate consumer-paid revenue. Legislation targeting corruption to curb Trump’s transactional approach to foreign policy will also likely face vetoes, causing further disputes, particularly involving the budget.

A logical path for Congress appears in the courts. Previously, Trump’s unconstitutional actions regarding financial matters were unchecked due to a compliant Republican Congress. While some individuals won suits to regain appropriated funds, many suffered due to complex legal qualifications about who has standing to sue and when and where this can occur. Although some Democrats attempted lawsuits, courts have limited individual Congress members’ ability to sue as representatives of congressional authority.

Now, with complete Democratic control, a new legal avenue emerges. Congress can vote to initiate lawsuits against the president, bypassing his veto threat. Multiple legal actions could rectify the power dynamics among government branches. Historically leaning towards an authoritarian approach, the country could see a congressional effort to reverse Trump’s cancellations of essential spending.

Such lawsuits focus on essential governance, not retaliation. Establishing congressional taxing power and curbing tariff misuse would reinforce legislative roles. Ultimately, these actions aim to restore democracy, ensuring Congress legislates laws while the president executes them according to constitutional principles. This approach is about reclaiming a democratic America.

Effectively fulfilling these goals could position Democrats favorably, not only in immediate control but potentially holding on to power longer by proving commitment to the nation’s core democratic ideals.

Thomas G. Moukawsher is a former Connecticut complex litigation judge. He authored The Common Flaw: Needless Complexity in the Courts and 50 Ways to Reduce It and has an upcoming book titled How to Sue the Government. The opinions presented in this article are his own.