New York — Voters across the political spectrum are increasingly alarmed by President Donald Trump’s use of executive power, and many believe Congress must reassert its authority to protect civil liberties, according to an analysis by Akshai Vikram published in Verdict.
Vikram writes that more than a year after the 2024 election, Trump’s second administration has shown an “unprecedented willingness to bend the law,” a trend made possible by decades of Congress delegating broad authority to the executive branch. That concentration of power, Vikram argues, is now producing bipartisan backlash.
Polling data cited in the article show that independents are among the most concerned. By mid-February, 57% of independents said Trump had gone too far in using executive authority. That sentiment grew throughout 2025. By September, 62% of Americans said Trump had exceeded his authority, while 69% said he was attempting to expand presidential power beyond that of previous presidents.
Opposition extended into Trump’s political base. Vikram reports that roughly 61% of Americans criticized Trump’s expansion of presidential authority, including young voters, men, independents and nearly one in five Republicans. About 10% of self-identified Trump supporters also expressed concern.
At the same time, support for a stronger congressional role increased. By March, 60% of Americans, including about one-third of Republicans, said the president should go through Congress to enact policies. By April, majorities opposed allowing the president to close federal agencies without congressional approval and said Trump was going too far in expanding executive power. By September, 53% of adults said they wanted Democrats to regain control of Congress in 2026 to act as a check on the administration.
Vikram notes that this public sentiment may already be shaping electoral outcomes. Democrats performed strongly in recent off-year elections in Virginia and New Jersey with significant independent support, and in New York City, independents played a key role in Democratic nominee Zohran Mamdani’s showing against third-party candidate Andrew Cuomo.
The article also details how broad statutory authority has enabled the administration to push executive power to its limits. Vikram cites the State Department’s attempt to use the 1952 McCarran-Walter Immigration and Nationality Act to revoke the green card of a Columbia University protest leader, leading to prolonged detention in ICE facilities. Congress’s failure to amend or repeal such laws, he argues, has allowed these actions to proceed.
Vikram also points to the administration’s invocation of the 1798 Alien Enemies Act to deport migrants to El Salvador’s CECOT prison, where detainees faced reported mistreatment, including individuals with no ties to the country. The administration further relied on provisions of the 1996 immigration law and loopholes in the Foreign Assistance Act to fund the detentions, he writes.
To prevent future abuses, Vikram argues that Congress should repeal or narrow overly broad statutes, including the Alien Enemies Act, the McCarran-Walter Act and provisions of the Illegal Immigration Reform and Immigrant Responsibility Act, and reform the Foreign Assistance Act.
Vikram also calls for stronger judicial remedies. While the Federal Tort Claims Act provides limited relief, he writes, it bars recovery against individual officials and often shifts financial liability to taxpayers rather than holding decision-makers accountable. He argues Congress should revisit doctrines such as qualified immunity, limits on injunctions and the state secrets doctrine, which have increasingly shielded executive actions from review.
Vikram concludes that historical precedent suggests voters may reward candidates who advocate restoring congressional authority and strengthening civil liberties protections. Without legislative action, he warns, “there’s nothing to stop a future president from eroding civil liberties even further.”
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