Congress plays an essential role in our government. They are the only federal officials directly elected by the American people, yet in recent years, under Republican and Democratic leadership, they have shirked their constitutional powers, ceding them to the president and stripping the people of their ability to check the executive branch

In 2007, the Democratic-led Congress gave the president $120 billion to support the war in Iraq despite widespread congressional opposition to the war, and in 2025, Congress let Elon Musk’s Department of Government Efficiency (DOGE) gut the federal government by eliminating agencies, laying off federal workers, and refusing to follow the law by spending funds required by Congress.

But where was Congress? Gone.

Senate Majority Leader John Thune (R-SD) called DOGE’s actions part of “the natural give-and-take” between the branches of government. Speaker of the House Mike Johnson (R-LA) thanked Musk and DOGE for their “INCREDIBLE work.” Thune and Johnson encouraged these cuts and emboldened President Trump to amplify his “move-fast-and-break-things” strategy, shirking Congress’s responsibility to the American people and the Constitution. These illegal actions show an executive gone rogue. Trump shows no concern for the law, especially when his own power is at stake, foreshadowing dangerous threats to our democracy.

How did we get here?

The Vietnam War and Watergate scandal demonstrated unprecedented excesses of presidential power. Lyndon B. Johnson used the Gulf of Tonkin Resolution to further escalate the war in Vietnam. Richard Nixon showed the public the dangers of a powerful chief executive during the Watergate scandal. Congress took immediate action to combat this “imperial presidency.” They passed the War Powers Resolution, which allowed Congress to immediately stop any military action overseas; the Congressional Budget Act, which placed stricter rules on the president’s involvement in the budget process; and, for the first time in our nation’s history, opened themselves up to public broadcasting of floor sessions.

Despite Congress’s noble intentions in passing these laws, they were rarely used in the decades that followed. Most notably, during the NATO War in Kosovo, Bill Clinton claimed that the language of the War Powers Resolution did not apply to the 800 U.S. aircraft used in over 1,000 military operations. The Congressional Budget Act failed to curb the deficit, allowing it to balloon to its current level at 122% of GDP.

By George W. Bush’s tenure, it was clear: the imperial presidency was back. After 9/11, Congress rushed to expand the president’s power, often at the cost of its own. They passed the USA Patriot Act and allowed Bush to use the Foreign Intelligence Surveillance Act to spy on Americans within the United States.

The Trump administration has exacerbated this problem through its use of executive orders to shutter foreign aid agencies, invade Venezuela, and kidnap its leader, and enact sweeping tariffs. Up until now, Congress has had little to say, except to thank the president for “putting American lives first.”

These actions not only show a president who has no respect for Congress and its constitutional role, but also a Congress that does not care enough to enforce it. Congress seems uninterested in governing, instead choosing to defer to Trump and his policy priorities. Political scientists often refer to this situation as a “delegative democracy” because it is based on the idea that whoever wins the presidency has a mandate to govern as they see fit, without strong checks from the other branches of government. Historically, these regimes have been limited to Latin America, but with rising polarization and Trump’s increasing power within the Republican Party, delegative democracy is our new normal.

Why are delegative democracies so dangerous?

Delegative democracies erode checks and balances, ensuring the president has near-complete power. Checks and balances have been an essential feature of American democracy since the founding era. James Madison argued forcefully that “ambition must be made to counteract ambition.” The founders counted on a system in which each branch has an adversarial role in combatting government overreach. When Congress abdicates that duty, our democracy suffers.

Some may think I am exaggerating our democracy problem, but the truth is that today, autocracies rarely arise from swift coups. Instead, they take place piecemeal, bit by bit, until the executive can no longer be removed. Incumbents will limit checks and balances, tilt elections in their favor, and restrict the media’s power to criticize the government. A strong legislative branch is the direct antidote to this unchecked power. The legislative branch can and should act within its constitutional authority and take back power from the president.

But what about the Supreme Court?

The Supreme Court has responded to Trump’s use of executive power, most notably striking down his tariffs, but it cannot act alone. President Andrew Jackson famously ignored the Court’s ruling in Worcester v. Georgia (1832), allegedly remarking, “John Marshall has made his decision, now let him enforce it.” Today, Trump is ignoring orders from all levels within the judicial branch.

Jackson was right; the judicial branch has no ability to enforce its orders, but Congress does. It can pass War Powers resolutions to stop illegal armed conflicts, refuse to fund executive policies it disagrees with, and, if need be, impeach and remove a rogue president. They are the only actors who effectively stand up to an imperial president and restore balance in our democracy.