Executive Overreach and the Eroding Balance of Powers: What Voters are Telling US

Introduction:

In his December 10, 2025 column for Justia VERDICT, legal commentator Akshai Vikram argues that growing public concern over what many view as executive overreach under Donald J. Trump’s second administration is fueling calls for a stronger, more assertive Congress. Verdict

Widespread Disquiet Among Voters

• Poll after poll in 2025 has shown mounting dissatisfaction across party lines,  especially among Independents,  with the expansion of presidential power. Verdict

• By October, 64% of Americans believed Trump had gone too far in trying to expand presidential power; among Independents, that number was 70%. Verdict

• Notably, this unease extends even to some Trump supporters: one poll found clear majorities of young voters, men, and independents, as well as nearly one in five Republicans, disapproved of the administration’s approach. Verdict

Desire for Congressional Re-assertion

• Alongside these concerns, a significant portion of the public supports giving Congress more authority, by March, 60% of Americans (including one-third of Republicans) said the president should not act unilaterally but go through Congress to enact policies. Verdict

• By September, 53% expressed a desire for the opposition party to regain control of Congress in 2026, specifically to act as a check on perceived executive overreach. Verdict

Real-World Consequences — and Institutional Reckoning

Vikram points out that the concern is not merely hypothetical: the administration has already exercised controversial powers. For example:

• The 1952 McCarran–Walter Immigration and Nationality Act was used to attempt to strip a permanent resident’s green card — even though that statute has long been criticized by legal scholars and was flagged by judges, including the late Justice Maryann Trump Barry, as overly broad. Verdict

• The 1798 Alien Enemies Act was invoked to deport migrants, some of whom had no ties to the country to which they were sent, triggering reports of torture, mistreatment, and wrongful detention. Verdict

Because these laws remain on the books, the current executive has been able to use them — and the abuses, Vikram argues, were predictable. Verdict

What Congress Could (and Should) Do

Vikram urges congressional action on two fronts:

• Reclaim and reform statutory authority: Repeal or revise laws that give the executive unbounded discretion — including immigration statutes, laws giving broad emergency powers, and outdated statutes such as the Alien Enemies Act. Verdict

• Restore meaningful legal accountability: Make it easier for individuals whose constitutional rights are violated by federal actors to obtain relief. This includes strengthening causes of action against federal officials (e.g., for First Amendment, Fourth Amendment, and other violations), reforming doctrines such as qualified immunity and state-secrets, and clarifying courts’ ability to issue universal injunctions. Verdict

Constitutional Stakes

Vikram contends that what is at issue goes beyond individual policies: the long-term health of civil liberties and the balance of powers between Congress and the presidency. He warns that, without corrective steps, future administrations — not just this one — could exploit the same statutory and judicial gaps. Verdict

Why This Matters

In a time of intense political polarization, it’s worth emphasizing that the concern over executive overreach appears to be crossing typical partisan boundaries — especially among Independents, younger voters, and even some Republicans. As public sentiment shifts, there may be growing pressure on members of Congress to reclaim lost ground. Reforming the legal architecture that enables executive excess is not just a technical exercise; as Akshai Vikram makes clear, it is a foundational effort to protect civil liberties and uphold constitutional norms.

Selected Recent Poll Findings on Public Views of Executive Power & Government Authority

• According to a 2025 Gallup poll, 62% of Americans say the federal government has “too much power.” That’s the highest reading Gallup has recorded since starting the trend in 2002 — and up from 51% just the year before. Gallup.com

• A 2025 survey by Pew Research Center found that about 69% of U.S. adults say Donald J. Trump relies more on executive power than previous presidents. Among those, a significant majority view that increased reliance as harmful to the country. Kansas Reflector+1

• In a 2025 poll by AP-NORC Center for Public Affairs Research and covered by media, around 60% of Americans said Trump has “gone too far” in using presidential power, exceeding constitutional norms. In contrast, far fewer felt the same about the judiciary. AP News+1

• A 2025 survey by Issue One (with YouGov) found strong bipartisan support for checks and balances: a majority of voters want elected leaders who respect the constitutional limits on executive power. Issue One+1

• Another poll (published Nov. 2025 by Deseret News / Hinckley Institute of Politics) reported that 51% of Americans believe the president is currently exercising too much power. Only a small minority thought the president had too little power. Deseret News

• More broadly, 2025 polling by Annenberg Public Policy Center finds that many Americans are worried about the balance among branches of government: trust in institutions like the Supreme Court is diminished, and public sentiment favors legislative and judicial checks on the presidency. Annenberg Public Policy Center+1

What These Polls Suggest — Trends & Public Mood

• Broad concern across the ideological spectrum: It’s not only Democrats or liberals,  many independents, and a notable portion of Republicans, also express discomfort with increasing executive authority.

• Resurgence of support for checks and balances: Polls consistently show majorities backing legislative and judicial oversight rather than unilateral executive action.

• Low trust in institutions overall: Especially for institutions like the federal government and the courts, trust is near historic lows, which likely underlies worries about overreach.

• Political risk for concentrated executive power: Because so many Americans are uneasy about what they perceive as executive overreach, public opinion could influence congressional behavior or upcoming elections.