A month in, and it is clear even to conservatives that US President Donald Trump is attempting to fundamentally reshape the role of the American president.
Author
- William Partlett
Associate Professor of Public Law, The University of Melbourne
Trump and his supporters sees the natural authority of the American president in broad terms, similar to those of the Russian president, or a king. Trump, in fact, has already likened himself to a king.
This desire to "Russify" the presidency is not an accident: Trump and many of his supporters admire the king-like power that Vladimir Putin exercises as Russian president.
Understanding how Trump is attempting to transform presidential power is key to mobilising in the most effective way to stop it.
Decrees by a 'king'
Russia's system of government is what I call a "crown-presidential" system , which makes the president a kind of elected king.
Two powers are central to this role.
First, like a king, the Russian "crown-president" does not rely on an elected legislature to make policy. Instead, Putin exercises policy-making authority unilaterally via decree.
Putin has used decrees to wage wars, privatise the economy and even to amend the constitution to lay claim to the parts of Ukraine occupied by Russia since 2014.
He has also used these decrees in a performative way, for example, by declaring pay raises for all Russian state employees without any ability to enforce it.
Over the last month, Trump has made similar use of decrees (what the White House now terms " presidential actions ").
He has issued scores of presidential decrees to unilaterally reshape vast swathes of American policy - far more than past presidents . Trump sees these orders as a way of both exercising and demonstrating his vast presidential power.
Control over the bureaucracy
Second, like a king, Putin does not allow the Russian legislature to use the law to organise the executive branch and create agencies independent of presidential control. Instead, he has unquestioned dominance over both the organisation and staffing of the executive branch. This has given him vast power to dominate politics by controlling information gathering and legal prosecutions.
A similar push is underway in the United States. Trump has appointed key loyalists to head the Department of Justice and Federal Bureau of Investigation.
Moreover, he is seeking to restructure the executive branch by abolishing some agencies altogether and vastly reducing the size of the workforce in others.
Can the courts stop Trump?
Trump's attempt to Russify the American presidency undermines the American constitutional order.
Courts are the natural "first responders" in this kind of crisis. And many courts have blocked some of Trump's early decrees.
This legal response is important. But it is not enough on it own.
First, the US Supreme Court might be more willing to accept this expansion of presidential power than lower courts. In a ruling last year, for example, the court granted the president immunity from criminal prosecution , showing itself to be sympathetic to broad understandings of executive power.
Second, presidential decrees can be easily withdrawn and modified. This can allow Trump and his legal team to recalibrate as his decrees are challenged and find the best test cases to take to the Supreme Court.
Third, parts of the conservative right have long argued for a far more powerful president. For instance, the idea of a " unitary executive " has been discussed in conservative circles for years. This essentially claims that the president should be able to direct and control the entire executive branch, from the bureaucracy to prosecutors to the FBI.
These arguments are already being made to justify Trump's actions. As Elon Musk has said , "you could not ask for a stronger mandate from the public" to reform the executive branch. These arguments will be made to courts to justify Trump's expansion of power.
Fourth, even if the Supreme Court does block some decrees, it is possible the White House will simply ignore these actions. We had an early glimpse of this when Trump posted that "He who saves his Country does not violate any Law".
Vice President JD Vance has also said judges "aren't allowed" to block the president's "legitimate power".
The importance of political mobilisation and messaging
Trump's aggressive use of presidential power is not just a constitutional crisis, it is a political one. For those seeking to resist, this is too important to just be left to the courts; it must also involve America's key political institutions.
The most obvious place to start is in Congress. Lawmakers must act decisively to assert the legal power granted to them in the constitution to check the power of the presidency. This would include active Congressional use of its budgeting power, as well as its oversight powers on the presidency.
This could happen now if a few Republicans were to take a principled position on important constitutional issues, though nearly all have so far preferred to fall in line . Democrats could retake both branches of Congress in the midterm elections in 2026, though, and assert this power.
The states can and should also act to resist this expansion of presidential power. This action could take many forms, including refusing to deploy their traditional police powers to enforce decrees they view to be unconstitutional or unlawful.
In mobilising to defend the constitution, these institutions could appeal to the American people with more than the narrow legal argument that Trump's acts are unconstitutional. They could also make the broader political argument that turning the American president into a Russian-style, elected king will foster a form of inefficient, unresponsive and corrupt politics.
Or, in the words of The New York Times columnist Ezra Klein, "it's the corruption, stupid".
Time is of the essence. Russia shows the more time a "crown-president" is able to operate, the more entrenched this system becomes. For those hoping to preserve American democracy, the time is now for not just legal, but political resistance.
William Partlett does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
