Polls and prediction markets suggest Democrats might gain control in the upcoming midterm elections. If they succeed, they will face the choice of whether to impeach President Trump once more. Trump should be impeached to account for his power abuses. Congress should limit presidential power to prevent future presidents from following Trump’s example.
Trump disregards the law more than any previous president. His administration ignored court orders, closed departments without approval, used illegal immigration tactics, withheld authorized funds, unlawfully imposed tariffs, and engaged in unauthorized warfare. Trump deserves impeachment and removal more than any other president.
Even if impeached, Trump is unlikely to be removed. Though some Senate Republicans may support removal, achieving a two-thirds majority in the Senate seems improbable. Yet, both the House and the Senate should convey that presidents cannot act without facing consequences.
Congress must also curtail executive powers to avoid another presidency like Trump’s. One way is to amend the Constitution to limit the pardon power. The Framers couldn’t predict Trump’s exploitation of this power. Since Harry Truman, no president has issued more pardons. It’s not just the quantity, but the recipients. Trump pardoned many involved in the January 6 riot and his allies, including those who made significant donations. Restrictions should cover self-pardons and pardons for relatives or certain crimes. Pardons should not be part of deals benefiting the president. No president should self-pardon, an idea Trump has considered.
Another approach is limiting the president’s war-making power. The War Powers Act of 1974 aimed to curb presidents like Lyndon Johnson and Richard Nixon who initiated war without consent. This Act requires congressional approval, yet Trump has ignored its provisions. Congress should enhance this Act with measures like automatic war-funding cut-offs without congressional approval. Trump argues the Act limits his goals against Iran, but it’s meant to prevent unilateral war-making. In a democracy, war decisions should involve the people’s representatives, not just the executive.
Additionally, Congress should check presidential tariff power. Constitutionally, Congress imposes tariffs, but has granted this power to presidents under certain conditions. Trump exploited these conditions. Congress should tighten these conditions, requiring approval for tariffs or defining emergencies allowing bypasses.
These measures could help Congress reassert its Constitutional authority over the president. Amid Trump’s administration’s abuses, this is an opportune time for action. Without such a balance, future presidents may increase their power, rendering Constitutional checks meaningless and risking dictatorial leadership.
Richard Davis is a professor emeritus of political science at BYU and author of several books on American politics.