A New Political Reality: The Expanding Power of the Executive Branch

Business for America
Business for America Blog
4 min readJan 31, 2025

The U.S. presidency has grown more powerful over the years, but recent trends have accelerated this shift — raising concerns about the balance of powers between the branches of government. In our January 29, 2025 webinar titled A New Political Reality: The Trump 2.0 Administration, we invited legal experts from across the political spectrum to discuss the history of presidential expansion of power, the consequences for our politics, and what can be done to restore checks and balances.

Congress’s Declining Oversight

James Wallner, senior fellow at the Foundation for American Innovation, highlighted a key factor in the decades-long executive expansion of power: Congress is failing at its oversight responsibilities. “Congress isn’t exercising rigorous oversight… they’re starting to push more responsibility to the presidency,” he explained. This growing imbalance, he argued, is more than just an issue of executive overreach — it’s also about Congress’s failure to assert its authority.

Key areas of concern include budget control, judicial confirmations, and emergency powers. Without a strong legislative check, the executive branch is left to operate with fewer constraints, creating an imbalance in the system.

The Unitary Executive Theory

The discussion also touched on the Unitary Executive Theory, which has played a key role in shaping the growth of executive power in recent administrations. Wallner explained that the presidency is inherently a unitary office, with the president at the top of a hierarchical executive branch. Historically, the president was tasked with executing the policy set by Congress. However, Wallner pointed out that the modern presidency now plays a much greater role in shaping policy, a shift exemplified by initiatives like President Obama’s Deferred Action for Childhood Arrivals (DACA).

The implications of the unitary executive are evident in President Trump’s approach to policy, where executive orders and emergency declarations were used to bypass legislative obstacles and exert significant control over areas like immigration. The shift in the role of the presidency is a defining feature of contemporary governance, and it raises important questions about the balance of powers.

Emergency Powers: A Hidden Threat

Liza Goitein from the Brennan Center for Justice emphasized the dangers of unchecked emergency powers. The National Emergencies Act (NEA) gives presidents access to over 150 statutory powers, with minimal oversight from Congress. “Congress has essentially just abrogated its power in this area,” she warned.

One example is the Insurrection Act, which allows a president to deploy the military domestically without Congressional approval. While originally designed for extreme circumstances, it has been increasingly considered as a tool for executive action, raising serious constitutional concerns.

The Role of the Judiciary

Despite the growing power of the executive, the judiciary remains an important check on presidential overreach. Judge Thomas Griffith, a former U.S. Court of Appeals judge, underscored the role of the judiciary in maintaining the separation of powers. He emphasized that while the current Court, under Chief Justice Roberts, tends to be conservative and generally supports executive power, there are limits to how much the judiciary is willing to defer to the president.

“The separation of powers is a really important thing, and it’s something that the Court cares about deeply,” Griffith stated, referencing the Court’s scrutiny of executive actions, particularly in the context of administrative agencies and the administrative state. One recent case, Loper Bright Enterprises v. Raimondo, overturned decades of judicial deference to administrative agencies, signaling a shift toward more rigorous scrutiny of executive branch actions.

Griffith also expressed hope that the judiciary would remain skeptical of executive overreach, even when national security concerns are invoked. “When there is overreach, even when invoking national security… I trust that there’ll be some skepticism,” he said. This sentiment was echoed by Goitein, who cautioned against the use of national security as a blanket justification for expanding presidential powers.

What Needs to Be Done?

The discussion concluded with a clear message: Unchecked executive power isn’t just a theoretical concern — it has real consequences for governance, policy, and democracy. The responsibility to restore balance doesn’t lie with one branch alone. Citizens, businesses, and advocacy groups must demand accountability from lawmakers.

Public pressure is one of the few forces that can push Congress to act to restore checks and balances. As Wallner put it, “The only reason [Congress] will ultimately want to is if the people who elect the members of Congress… make their feelings known.”

The Business Case

Our system of constitutional checks and balances is essential for maintaining a stable business climate, as it prevents executive overreach that could lead to unpredictable shifts in legislation, regulatory oversight, and economic policy. Business for America supports efforts to preserve the separation of powers that support transparency, stability, and a predictable regulatory landscape regardless of who holds office. These institutions are essential to our long-term economic growth.

To learn more about Business for America and get involved, please visit bfa.us.

Watch the webinar video on YouTube or below.

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Business for America
Business for America

Written by Business for America

Business for America is a business alliance for better government, a healthy democracy, and a more competitive, innovative business climate. Visit bfa.us.

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