Trump's Power: Can He Change Laws Alone?

As Donald Trump prepares for his second term as US president, concerns have been raised about his approach to the rule of law and the US Constitution. Trump's agenda has prompted questions about governing norms and the limits of presidential power, with some legal experts anticipating a constitutional crisis. Trump has a history of clashing with courts and Congress over executive overreach, and his second term may see him push legal boundaries even further. While Trump cannot make laws himself, he can issue executive orders, and his administration has already taken steps that may violate federal laws and the Constitution.

Trump's second term agenda and its implications for US law

US President Donald Trump's second term agenda has significant implications for the country's laws and governing norms. Trump has indicated his intention to push the boundaries of presidential power and challenge constitutional norms, raising concerns about the rule of law and accountability.

One of Trump's key priorities is immigration, with plans to create "the largest mass deportation program in history," targeting undocumented migrants. This project would likely require the deployment of the US military and raise questions about civil liberties and the rule of law. Trump has also proposed reinstating first-term practices such as the "remain in Mexico" policy and limiting migrants on public health grounds. Additionally, he has suggested ending birthright citizenship, which would require a constitutional amendment.

Trump's agenda also includes a focus on trade and the economy. He has threatened to impose tariffs on imports from Canada and Mexico if they do not curb the flow of drugs and illegal immigration into the US. He has also called for a global tariff on all goods imported into the US, arguing that it would eliminate the trade deficit. Trump has pledged to cut federal regulations, reduce taxes, and boost energy production, including rolling back electric vehicle mandates and policies aimed at reducing auto emissions.

Furthermore, Trump has expressed a desire to increase presidential powers and control over various government branches. He has proposed eliminating the Department of Education and privatizing the Postal Service. Trump has also indicated his willingness to fire US attorneys who do not follow his directives, breaking with the tradition of an independent federal law enforcement apparatus. He has already fired members of several government boards and councils for not aligning with his agenda, including over 160 members of the National Security Council.

Trump's second term agenda has raised concerns among experts about the potential assault on the rule of law and the lack of accountability. The implications for US law are significant, with expected challenges in the courts and a potential shift in the balance of powers between the branches of government.

Trump's ability to issue executive orders

As President of the United States, Donald Trump has the power to issue executive orders, which can have a significant impact on policy and how laws are implemented and enforced. Executive orders are legally binding, and Trump has used this power to pursue his agenda and shape the direction of the country.

In his first term as President, Trump issued numerous executive orders, and during his campaign for a second term, he pledged to continue this approach. Indeed, in the first few months of 2025, Trump signed 93 executive orders. Some of these orders have been controversial, with critics arguing that they push the boundaries of presidential power and may even violate federal laws, regulations, and the Constitution.

One example of Trump's use of executive orders is his plan to reclassify thousands of career federal employees, making it easier to fire them. This proposal, which targets what Trump calls the "deep state," has raised concerns about the independence of federal agencies and the rule of law more broadly. Trump has also used executive orders to shape immigration policy, including by imposing tariffs on Mexico if it fails to stem the flow of illegal immigration into the US.

Trump has also sought to use executive orders to revoke Secret Service protection for Joe Biden's adult children, Hunter and Ashley Biden. This action has sparked debate, as it could be seen as a way to punish political rivals and critics.

While Trump's ability to issue executive orders gives him significant power to shape policy, it is important to note that these orders can be challenged in court and may face legal obstacles. Nonetheless, Trump's willingness to use executive orders underscores his desire to centralize power and leave a lasting impact on the country.

Trump's bypassing of constitutional norms

One of the most prominent examples of this is his plan for mass deportations of millions of undocumented migrants, which would likely require the internal deployment of the US military and turn the country into a police state. Trump has also threatened to fire US attorneys who did not follow his directives, breaking with the longstanding US policy of an independent federal law enforcement apparatus.

In addition, Trump has suggested using the government's regulatory powers to punish those he views as critics, such as television networks. He has also said he will set up an independent body to "monitor" US intelligence agencies, which some interpret as a way to crack down on federal whistleblowers, who are typically protected by law.

Trump's actions as president have also been criticised by federal judges, who have reflected on potential threats to democracy and offered assertions about the state of America. Judge John McConnell, for example, rejected the Trump administration's argument that it must "align Federal spending and action with the will of the American people as expressed through Presidential priorities," calling it "constitutionally flawed."

Overall, Trump's bypassing of constitutional norms has been a cause for concern for many, and it remains to be seen how his actions will ultimately impact the country.

Trump's use of presidential immunity

The U.S. Supreme Court's ruling on Trump's immunity from prosecution has been a highly controversial topic. The Court's decision, authored by Chief Justice John Roberts, stated that Trump could not be prosecuted for actions within his constitutional powers as president, recognising broad immunity for the former president. This was the first instance of the Supreme Court declaring any form of presidential immunity from prosecution since the nation's founding.

Trump's immunity case, Trump v. United States, was a landmark decision that granted absolute immunity for official acts within exclusive presidential authority, such as the pardon, command of the military, execution of laws, or control of the executive branch. The ruling also provided presumptive immunity for acts within the outer perimeter of his official responsibility. However, it is important to note that the Court clarified that there is no immunity for unofficial acts.

The implications of this ruling have been widely debated, with critics arguing that it undermines democracy and sets a dangerous precedent by shielding presidents from accountability. On the other hand, supporters of the decision claim that it restores the Founders' vision of an "energetic executive", allowing the president to execute duties without the fear of prosecution.

Additionally, Trump's push to centralise power and bypass constitutional norms in his second term as president has raised concerns about the lack of accountability and the potential assault on the rule of law. His plans, such as mass deportations of undocumented migrants, have led to worries about the country turning into a police state. The Supreme Court's ruling on his immunity further complicates these concerns, as it may hinder efforts to hold him accountable for any potential overreach or anti-democratic behaviour.

Trump's influence on tax laws

While the US President has the power to issue executive orders, they cannot change laws by themselves. However, Donald Trump has been known to push constitutional and legal boundaries during his presidency.

During his first term as President, Trump signed the Tax Cuts and Jobs Act (TCJA) into law in 2018. This was a major tax code overhaul that impacted both taxpayers and business owners, particularly through tax cuts. The Act created a single flat corporate tax rate of 21%. While it retained the seven individual income tax brackets, it lowered the rates for the top six. The standard deduction was raised, and the personal exemption was suspended. The TCJA also ended the individual mandate of the Affordable Care Act, which levied tax penalties for individuals who did not obtain health insurance coverage. Additionally, it raised the child tax credit and created a non-refundable credit for non-child dependents.

The 2017 Trump Tax Law has been criticised for benefiting high-income households more than low- and moderate-income households. It is estimated to have cost the country $1.9 trillion over ten years, further eroding the country's revenue base. Trump has pledged to extend these tax cuts and has proposed additional individual and corporate tax cuts for his second term. He has also pledged to reduce the corporate tax rate to 15% for companies that make their products in the US and to end taxation on tips and overtime wages for service workers.

Frequently asked questions