Taking Action Against Presidential Abuses of Power

Image
Donald Trump walking down a hallway towards an open doorway
U.S. President-elect Donald Trump walks out from the U.S. Capitol to start the 58th Presidential Inauguration January 20, 2017 in Washington, DC. Photo by White House Photo via Alamy Stock Photo

The American system of representative self-government is being tested in ways we haven’t seen in generations, if ever. President Donald Trump’s second term has brought a wave of actions that challenge the very principles that system is built on. 

From attempting to take control of federal elections to threatening peaceful protestors and bypassing Congress' power of the purse, Trump’s agenda seems clear: dismantle the checks and balances that protect our freedoms and replace the rule of law with the rule of one. This is the essence of what is known today as “authoritarianism.”

These actions, many of which are unconstitutional or otherwise illegal, threaten the rights that define us as Americans: the freedom to speak out, to choose our own leaders, to protest without fear and to live under laws that apply equally to everyone. 

Attempts To Exercise Unchecked Power Are Eroding Our Democracy’s Safeguards 

President Trump’s second term has been marked by a systematic effort to consolidate power and limit free expression. This administration has: 

  • Ignored court orders and attempted to undermine the judiciary’s power to hold the executive branch accountable.
  • Issued unconstitutional executive orders that threaten the freedom to vote and our nation’s guarantee of birthright citizenship.
  • Intimidated citizens who are critical of the president’s agenda.
  • Attempted to assert control over our elections that is reserved for the states and Congress.
  • Dismantled ethics rules and fired watchdogs within the executive branch.
  • Threatened the sovereignty of states and cities by deploying federal agents and the National Guard to Los Angeles and Washington, D.C.
  • Begun an unprecedented effort to amass private data about Americans, often in violation of law. 

These actions are not isolated incidents — they are part of a broader campaign to erode democratic norms and concentrate power within the presidency. At the same time, Congress has abandoned its role as a necessary check on executive overreach, allowing the president to consolidate power with no limitation at the expense of our constitutional order.  

As the Trump administration carries out its harmful agenda, Campaign Legal Center is doubling down on our efforts and standing up to preserve the separation of powers, checks and balances and free political expression, including political dissent.

Trump’s second term has had a profound impact on millions of Americans. When the president bypasses Congress to control federal spending, he undermines the voice of the people and threatens funding for essential services for healthcare, housing, education, clean air and water, and more.  

When free expression is curtailed, it becomes harder for communities to speak out about rising costs, healthcare access and injustice. This clear overreach doesn’t just weaken democracy — it hurts all Americans who expect the government to work for them.  

We Must Not Only Defend Democracy, but Also Build It Back Stronger 

The right to speak out, protest and challenge government actions is not just protected by the Constitution — it is a cornerstone of American democracy. The free flow of ideas, including political speech, creates an environment where more people feel empowered to participate and make their voices heard, and a government that is more responsive to the needs of the people. Today, those who dare to oppose the administration’s agenda, from everyday citizens to elected officials, face intimidation and retaliation. This is not the America our founding documents envision.

The U.S. Supreme Court has consistently affirmed that political speech — especially dissent and criticism of the government — deserves the highest level of protection under the First Amendment. After all, our nation was born when our founders openly aired their grievances and declared their independence from a tyrannical king.  

We’re Not Just Sounding the Alarm; We’re Taking Action

At Campaign Legal Center, we are committed to defending the rule of law and preserving the checks and balances that prevent any one branch of government — or any one individual — from becoming too powerful. That’s why we are litigating against overreach, challenging dangerous legislation, and promoting solutions that will strengthen our institutions. 

Challenging Illegal Executive Orders and Preventing DOGE’s Abuses of Power 

When President Trump issued an executive order attempting to end birthright citizenship, we sprang into action. The order would apply to children born to people who are in the country without authorization or who hold work, student or tourist visas.

But the 14th Amendment and more than a century of Supreme Court precedent are clear: Individuals born in the United States are citizens — no matter who their parents are.

Birthright citizenship is the law of the land and cannot be changed by any politician. That’s why Campaign Legal Center has urged courts to reject Trump’s unconstitutional order in briefs submitted to the 1st U.S. Circuit of Appeals, the 4th U.S. Circuit of Appeals and the 9th U.S. Circuit of Appeals on behalf of Secure Families Initiative.  

Read more about this issue here. 

When the president signed an executive order attempting to direct several federal agencies to change the rules for federal elections and implement unnecessary barriers to registering to vote, we sued.

Congress — not the president — has the power to pass laws that set national voting standards and override state laws governing federal elections. The Constitution does not give the president any role in setting election rules.  

On behalf of LULAC, Secure Families Initiative, and the Arizona Students’ Association, we won a court order that temporarily halts this illegal and unconstitutional plan. Now, we are continuing to litigate to make that win permanent.  

Lean more about our case here. 

When unelected megadonor Elon Musk and his so-called U.S. DOGE Service (DOGE) threatened to dismantle America’s system of government, we took immediate action.

Musk and DOGE have absolutely no legal right to make decisions as to how our government spends money — that is up to Congress — or to take control of the federal government in the shadows.

Campaign Legal Center (CLC) and our clients — the Japanese American Citizens League (JACL), OCA – Asian Pacific American Advocates (OCA), the Sierra Club and the Union of Concerned Scientists (UCS) — filed a lawsuit to stop this illegal power grab. We will not stand by as DOGE attempts to tear down our system of checks and balances and make our government less responsive to the American people.

Learn more about our lawsuit here. 

Sounding the Alarm on Dangerous Legislation

As Congress debated the so-called “One Big Beautiful Bill Act,” two little-known and dangerous provisions quietly emerged as serious threats to our core democratic safeguards.

One provision would have weakened the ability of courts to enforce the law, in a direct attack on our system of checks and balances. The other aimed to block states from regulating artificial intelligence (AI), including its use in elections.  

The House of Representatives approved both policies when it originally passed the budget reconciliation bill, leading CLC to sound the alarm and fight to remove these provisions in the Senate.

Because of Campaign Legal Center’s efforts, alongside the tireless work of many of our partners, both threats were removed from the legislation before the U.S. Senate’s final vote. This victory demonstrates how advocacy to preserve American democracy remains a worthy fight.

Learn more about how we defeated two provisions in this legislation here.  

Defending Washington, D.C. From Trump’s Illegal Takeover 

The residents of Washington, D.C., deserve the same rights and protections guaranteed to their fellow Americans. President Trump’s recent takeover of D.C.’s police force is a blatant abuse of power that highlights the urgent need for D.C. statehood.    

Campaign Legal Center sent a letter to every member of the United States Congress expressing strong opposition to President Trump’s interventions in the District of Columbia.  

The president's efforts to unjustifiably federalize D.C.'s local law enforcement and deploy the National Guard into the District are not only an abuse of power, but a direct affront to our country's core democratic principles.  

Read our letter to Congress here. 

Promoting a Stronger Democracy 

In addition to our work defending against policies that would harm our democracy, Campaign Legal Center is promoting solutions-oriented legislation that strengthens our institutions and restores public trust.  

That’s why we have been relentless in our efforts to advocate for transparency and accountability, and we have supported key initiatives such as a resolution to reaffirm principles of the United States Constitution, including separation of powers and the rule of law, and condemn efforts to undermine them.  

Beyond responding to the unique challenges posed by the Trump administration, we are steadfast in our work to create a better democracy in the future — one where democracy is representative, responsive and accountable to the needs of all Americans.  

That’s why we continue to urge Congress to protect the freedom to vote by passing the John Lewis Voting Rights Advancement Act and Freedom to Vote Act to ensure every voter can make their voice heard and have their vote count equally.  

To ensure the peaceful transfer of power in presidential elections, Campaign Legal Center (CLC) was proud to support the Electoral Count Reform Act’s passage, and we will continue our work to uphold the values behind this important law in the years ahead.

Democracy Demands That We All Stand Up    

Now is the time for all who believe in the Constitution and the rule of law to speak out and get to work. We must resist presidential abuses of power and executive overreach in all its forms and reaffirm our commitment to a government that is accountable to the people.

We will not back down. We will continue to fight for a democracy where every voice is heard, every vote counts, and no one is above the law. Your support powers this fight. Stand with us to protect democracy — now and for generations to come. 

Madeleine is a Communications Associate at CLC.
American flag
Join the fight against executive overreach by supporting CLC’s work.