Recent polls and prediction markets indicate that in the upcoming midterm elections, Democrats might regain the majority in the House of Representatives and potentially in the Senate. This shift raises the question of whether Democrats should impeach President Trump once more. Impeachment should be considered not only to hold Trump accountable for his actions but also to curb presidential power to prevent future misconduct.
President Trump has significantly disregarded the rule of law. His administration has ignored court orders, shut down departments without approval, employed illegal immigration enforcement tactics, withheld congressionally approved funds, imposed tariffs unlawfully, and conducted military operations without congressional consent or notification. No president in history has warranted impeachment and removal from office more than Trump.
Even if impeachment proceeds, removal from office is unlikely. Some Senate Republicans might support removal during a trial, but gaining a two-thirds majority is improbable. However, Congress should still communicate that actions like Trump’s will entail consequences. Moreover, Congress must exert renewed control over executive power to prevent a repeat of the Trump presidency and the further expansion of presidential authority.
One option is to pass a constitutional amendment restricting pardon powers. The Framers of the Constitution could not have envisioned a president abusing pardons as Trump has. Trump has issued a number of pardons, potentially surpassing Truman’s record. His pardons have included individuals rioting on Jan. 6 and his political allies, alongside significant donors. Limitations on self-pardons, pardons for relatives, and those who have committed certain crimes should be enforced. Pardons should be limited and not become part of a quid pro quo benefiting the president.
Additionally, presidential war-making powers need constraints. The War Powers Act of 1974 aimed to limit such powers, but Trump ignored it. Congress should strengthen the Act with provisions like an automatic cut-off of war-related funds without congressional approval. Trump argues that the Act limits his objectives against Iran, which it is meant to do. In a democracy, decisions on war should belong to representatives, not a single individual.
Further restrictions on presidential tariff powers are necessary. Constitutionally, Congress handles tariffs, yet presidents can under certain conditions. Trump manipulated these conditions unlawfully. Congress should require approval for tariffs and clarify emergencies allowing executive action without congressional involvement.
These suggestions illustrate how Congress could reclaim its Constitutional powers concerning the presidency. Amid ongoing Trump administration abuses, action is crucial. Without rebalancing powers, future presidents might expand authority to a point where Constitutional checks lose significance, leading to authoritarian rule.
Richard Davis, a retired professor of political science at BYU, has authored books on American politics.
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