Both polling data and prediction markets indicate that Democrats may regain control of the House of Representatives in the upcoming midterm elections, possibly the Senate too. If successful, Democrats will need to decide whether to impeach President Trump again. Impeaching Trump is necessary not just to hold him accountable, but to prevent future presidents from abusing their powers as he did.
No other president has disregarded the rule of law like Trump. His administration ignored court orders, closed government departments without congressional consent, conducted unlawful immigration enforcement, blocked funds authorized by Congress, unlawfully imposed tariffs, and launched a war without notifying or consulting Congress. No other president has merited impeachment more than Trump.
Impeaching Trump may not lead to his removal from office. Historical patterns show that while some Senate Republicans may support removal during a trial, reaching a two-thirds majority is unlikely. Nonetheless, both the House and Senate should affirm that such presidential behavior cannot go unchecked. However, Congress must take further steps to restrict presidential powers, ensuring that another Trump-like presidency is avoided.
Congress can implement several measures to limit executive power. One approach is to pass a constitutional amendment to restrict the pardon power. The Framers of the Constitution likely did not foresee a president abusing the pardon power like Trump. Trump has issued numerous pardons, surpassing any president since Truman, and may exceed Truman’s record based on his current rate. He granted pardons to individuals involved in the January 6 riots as well as supporters and donors.
Limits should be imposed on self-pardons, pardons for relatives, and individuals guilty of specific crimes. Pardons should be used sparingly and not serve as favorable exchanges benefitting the president. Crucially, self-pardoning should not be allowed—an idea Trump has previously suggested.
Another measure is restricting presidential war-making power. Congress attempted this with the War Powers Act of 1974 after Johnson and Nixon waged war without congressional consent. The Act obligates congressional consultation and approval, yet Trump ignored these provisions. Congress should strengthen the Act by automatically cutting off war-related funds if congressional approval isn’t granted. Trump’s claim that the Act limits his ability to act against Iran exemplifies its purpose: halting unilateral decisions to wage war.
In a democracy, decisions of war should be made by elected representatives, not solely by the president. Additionally, Congress needs to address presidential tariff authority. Tariffs on foreign goods are constitutionally the domain of Congress, but presidents have been granted conditional authority to impose them. Trump exploited these conditions unlawfully.
Congress should set stricter limits on these conditions, such as requiring congressional approval for tariffs or clearly defining emergencies where Congress could be bypassed. These actions represent initial steps Congress can take to reclaim its constitutional powers relative to the presidency.
In light of Trump’s abuses, now is an ideal time for action. Without restoring balance, future presidents may expand powers such that constitutional checks become meaningless, risking dictatorial rule.
Richard Davis
Professor Emeritus of Political Science, BYU
Author on American Politics
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