Trump's Emergency Powers Abuse Threatens Constitutional Order

Declaring 'emergencies' to bypass Congress undermines separation of powers, experts warn.

Apr. 5, 2026 at 4:00pm

Got story updates? Submit your updates here. ›

In his second term, former President Trump has declared a record number of national emergencies to carry out hundreds of actions that normally require congressional approval or regulatory review. Experts warn this 'rule by perpetual emergency' is a hallmark of authoritarian regimes and erodes institutional norms that are difficult to restore.

Why it matters

The expansive use of emergency powers allows the president to bypass lawmakers and ignore legal constraints, concentrating power in the executive branch and undermining the Constitution's separation of powers. This sets a dangerous precedent that could be abused by future presidents of any party.

The details

Since returning to office, Trump has declared 10 national emergencies and a 'crime emergency' in Washington, D.C., far exceeding his predecessors. He has used these emergency declarations to take actions like seizing Americans' bank accounts, deploying troops abroad, and gutting environmental regulations without congressional approval. Courts have blocked some of Trump's orders, but litigation takes time and he has found ways to circumvent unfavorable rulings.

  • In his first term, Trump declared a national emergency to fund his border wall after Congress refused to appropriate the money.
  • On the first day of his second term in 2025, Trump claimed an 'invasion' of 'illegal aliens' justified deploying the military for immigration enforcement.
  • Trump later declared foreign drug cartels a national emergency, allowing him to freeze assets and impose sanctions.

The players

President Donald Trump

The former president who has aggressively used emergency powers to bypass Congress and enact policies without legislative approval.

The Brennan Center for Justice

A nonpartisan law and policy institute that has observed many of Trump's emergency powers 'seem like the stuff of authoritarian regimes.'

Justice Robert Jackson

A Supreme Court justice whose concurring opinion warned that emergencies 'afford a ready pretext for usurpation' of power.

Got photos? Submit your photos here. ›

What they’re saying

“Rule by perpetual emergency is a hallmark of authoritarian regimes. It allows leaders to bypass lawmakers while preserving a veneer of legality. Once eroded, institutional norms cannot easily be restored.”

— Glenn C. Altschuler, Thomas and Dorothy Litwin Emeritus Professor of American Studies at Cornell University

“The founders knew that emergencies 'afford a ready pretext for usurpation,' and suspected 'that emergency powers would tend to kindle emergencies.'”

— Justice Robert Jackson

What’s next

Courts will likely continue to hear legal challenges to Trump's use of emergency powers, but the damage already done may be difficult to undo even if his orders are eventually overturned.

The takeaway

Trump's normalization of declaring national emergencies for political gain rather than genuine crises sets a dangerous precedent that could be abused by future presidents, further eroding the separation of powers and democratic norms.