When it comes to our system of democratic government, it’s been drilled into us since elementary school that no branch of government outweighs the other. It’s a system of checks and balances designed by the Founders to prevent any one branch—executive, legislative, or judicial—from becoming too powerful. As a refresher: The executive branch enforces laws, the legislative branch creates them, and the judicial branch interprets them. In theory, this structure ensures accountability and prevents tyranny. It used to work. But the reality today is that a growing number of Americans—across political lines—believe the system has been compromised.
According to a new NBC News poll, 43% of Americans now say the executive branch has too much power, a 7-point increase since 2019. At the same time, 28% believe the judicial branch wields too much influence, a 9-point jump. This view reflects real-world developments under our current administration, where Trump has signed more executive orders than any other president in their first 100 days in office, trying to bypass Congress. And to the rest of us, appear to be working hand-in-hand with the Supreme Court in reshaping laws in ways that concentrate power instead of distributing it.
Historians tell us that the presidency was never meant to dominate policymaking. The Founders feared an unchecked executive, which is why they designed Congress as the most powerful branch, tasked with writing laws, approving budgets, and acting as a check on presidential power. Yet, Trump’s aggressive use of executive orders and direct challenges to judicial rulings — such as calling for the impeachment of a federal judges who disagree with him — demonstrate just how much authority he has seized. The judicial branch, too, is facing scrutiny, as major Supreme Court rulings—like the 2022 decision that overturned Roe v. Wade—have led many to question whether the courts are still acting as neutral interpreters of law or as political entities shaping policy in ways Congress never approved.
This shift in perception depend on which side of the political aisle our views align with. Democrats, in particular, are alarmed by the growing power of the executive branch, with 75% now saying it has too much power—up from 55% in 2019. This increase can be directly tied to concerns over Trump’s approach to governance, including his use of Musk’s Department of Government Efficiency (DOGE) to dismantle entire agencies like USAID, without Congressional oversight. Even among Republicans, who traditionally advocate for limiting federal power, there are growing concerns that the courts are acting too aggressively, though support for a strong executive remains high within Trump’s base.
So, are the Founders’ intentions being fulfilled? Increasingly, the answer appears to be no. Congress, the branch meant to be the most powerful, has been significantly weakened, either through partisan gridlock or by ceding authority to the president in moments of crisis. Meanwhile, the judiciary has stepped in to resolve disputes Congress should be handling, leading to court rulings that reshape American life without legislative input.
To restore balance, it’s up to us to demand reforms that reinforce checks and balances, such as strengthening Congress’s oversight of executive orders, setting term limits for Supreme Court justices, and passing legislation that clarifies the limits of executive power. If we fail to act, we risk allowing an increasingly imperial presidency and a politicized judiciary to erode the very system that was designed to protect us from authoritarian rule. We need to ask ourselves: What Would Our Founders Do? Go beyond the headlines…
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