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An All-Out Attack on Checks and Balances

The erosion of democratic institutions is undoubtedly the most troubling aspect of Trump’s second term. In the space of just twelve months, the U.S. president has signed no fewer than 225 executive orders—a staggering number that reflects a clear desire to govern by executive order rather than through the usual legislative process. This strategy, described by some observers as “shock and awe, is clearly aimed at overwhelming constitutional checks and balances and paralyzing the ability of democratic institutions to respond. The ACLU, the American Civil Liberties Union, reports that it has had to file no fewer than 239 legal challenges and 139 lawsuits in an effort to contain this unprecedented assault on fundamental freedoms.

This systematic offensive against checks and balances manifests itself in many ways. Trump has not hesitated to threaten to revoke the broadcast licenses of critical television networks, to order investigations into media organizations that dare to challenge him, and even to publicly suggest imprisoning journalists who refuse to disclose their confidential sources. These threats, far from being mere bluster, have materialized into concrete actions. ABC’s temporary suspension of the show “Jimmy Kimmel Live!”—under pressure from the FCC, which threatened to revoke its license—perfectly illustrates this authoritarian drift. Only a massive mobilization of more than 50,000 citizens and 500 artists managed to push back against this blatant attempt at censorship. The message is clear: freedom of the press, a fundamental pillar of American democracy, is now under direct threat.

What revolts me about this story is the appalling normalization of the intolerable. Trump and his allies have pulled off the remarkable feat of making us accept the unacceptable in the name of a distorted conception of “freedom of speech.” They claim to defend free speech while muzzling the free press—a paradox that would have made Orwell laugh if it weren’t so tragically real. It’s like an arsonist shouting “Fire!” while setting the fires himself. The gravity of the situation lies in this reversal of values: what was once considered a threat to democracy is now presented as a necessary measure to “protect” it. It is a reversal of language, a corruption of the meaning of words that inevitably paves the way for even more dangerous abuses. We are living through Orwell in real time, without even realizing it.

The Paralysis of Check-and-Balance Mechanisms

The institutions designed by the American Founding Fathers to serve as checks and balances on the executive branch are now severely weakened, if not paralyzed. Congress, traditionally the main legislative counterweight to the presidency, appears to have lost much of its capacity for action. This gradual erosion of legislative power, observed for several years, has reached a critical point during Trump’s second term, allowing him to act with near-total impunity. The mechanisms of constitutional checks and balances, meant to protect the nation against abuses of presidential power, have proven insufficient in the face of an administration that seems determined to circumvent or ignore democratic norms established over centuries.

The Supreme Court, the ultimate guardian of the Constitution, has not been spared from this assault on democratic institutions. Although some recent decisions have partially curbed certain excesses of the Trump administration, others have set dangerous precedents for fundamental rights. Attacks on the rights of transgender people, restrictions on freedom of speech, and attempts to undermine the right to vote have all received some degree of judicial validation, creating a legal environment conducive to the pursuit of policies that would have been deemed unconstitutional in the past. This institutional normalization of the exceptional is perhaps the most insidious threat to American democracy, as it suggests that the rules of the democratic game can be altered without significant consequences.

I am struck by how easily these assaults on institutions have become commonplace. There is something almost hypnotic about this repetition of acts that, just a few years ago, would have sparked massive waves of protest. Today, each new assault on democracy seems to provoke less outrage than the last, as if we were collectively numbing ourselves in the face of horror. This is what philosophers call the “banality of evil”—that terrifying ability to grow accustomed to the unacceptable, to normalize the abnormal. Trump has understood something fundamental about human nature: if you strike hard enough and often enough, people eventually give up—not out of resignation, but out of exhaustion. It is a strategy of attrition, a war of attrition against the democratic values we thought were secured forever.

Sources

Primary sources

France 24, “Trump pits Americans against Americans: We are living in a very dangerous moment in the US,” published January 20, 2026, accessed January 20, 2026. Reed Brody, former New York Assistant Attorney General and human rights lawyer, interviewed on the political situation in the United States during Trump’s second term.

Reporters Without Borders (RSF), “USA: Trump’s vision of ‘free speech’ comes at the expense of press freedom,” published on January 23, 2025, analyzing Trump’s policies toward the press and freedom of expression. Clayton Weimers, executive director of RSF USA, is quoted in the article.

ACLU, “One Year In: Defending the Constitution Under a Second Trump Administration,” published on January 20, 2026, by Anthony D. Romero, executive director of the ACLU, detailing legal actions and citizen mobilization in response to Trump’s policies.

Secondary Sources

The Conversation, “Congress’ power has been diminishing for years, leaving Trump to act with impunity,” published in 2025, analyzing the gradual erosion of U.S. legislative power and its consequences for the balance of powers.

Ballotpedia, “Donald Trump’s executive orders and actions, 2025–2026,” documenting the 225 executive orders signed by Trump during the first year of his second term, illustrating his “shock and awe” strategy.

PBS NewsHour, “What the move to pull Kimmel off the air says about free speech under Trump,” analyzing the suspension of the show Jimmy Kimmel Live and the public outcry that followed, highlighting the tensions between the Trump administration and freedom of speech.

This content was created with the help of AI.

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