5 times Trump bypassed the US Congress to take control
From military strikes to tariffs and agency shake-ups, President Trump has repeatedly acted without new legislation — testing the limits of executive authority and Congress’ constitutional role
President Trump has repeatedly asserted executive authority in ways critics say sideline Congress' Article I powers — from war-making to taxation to structuring the federal government. Supporters argue he acted within the authority granted to the presidency.
Here are five key examples.
1) Iran strikes
What happened: Trump initiated military strikes targeting Iran without seeking or receiving congressional approval, bypassing Congress' constitutional power to declare war.
Keep updated, follow The Business Standard's Google news channel
How he did it:
- Reliance on unitary executive theory: The administration embraced a broad reading of presidential control over the executive branch, arguing the commander-in-chief authority permitted unilateral action.
- Use of emergency mechanisms: Critics say emergency declarations were used as legal pretexts to avoid legislative authorization.
- Withholding information: Lawmakers were kept "in the dark" ahead of major military operations.
- Exploiting partisan division: While some bipartisan lawmakers challenged the strikes as an overstep, political pressure helped defeat war powers resolutions aimed at reining in executive authority.
- Sidelining oversight guardrails: The firing of independent agency leaders and ignoring congressional subpoenas weakened Congress' oversight capacity.
The split: Democrats criticized the lack of authorization. Many Republicans defended the White House's exertion of executive authority.
2) Venezuela raids
What happened: Trump ordered a military operation in Venezuela that captured deposed president Nicolás Maduro without seeking congressional authorization or providing advance notice.
Context: The raid followed months of unilateral airstrikes targeting boats off the Venezuelan coast that the administration claimed were ferrying drugs.
How he did it:
- Bypassing war powers: Trump asserted his commander-in-chief role to proceed without congressional sign-off.
- Operating in secrecy: Lawmakers were reportedly "kept in the dark" until after the capture.
- Emergency authorities: The administration used emergency legal mechanisms to circumvent Congress.
- Defeating legislative pushback: A war powers resolution intended to prevent future attacks without consultation was defeated after sustained pressure from the administration.
The split: Democrats accused Trump of overstepping. Many Republicans defended the decision, limiting Congress' institutional response.
3) Tariffs and trade policy
What happened: Trump imposed sweeping tariffs without new legislation, invoking emergency powers rather than seeking congressional approval.
How he did it:
- Invoking IEEPA: Trump relied on the International Emergency Economic Powers Act, which allows presidents to regulate economic transactions after declaring a national emergency tied to a foreign threat.
- Broadening national security definitions: Trade deficits and drug smuggling were characterized as "unusual and extraordinary threats," providing legal justification.
- Exploiting House rules: When a resolution to overturn the tariffs appeared viable, House leadership changed procedural rules to prevent a vote.
- Circumventing defeats: After the Supreme Court of the United States ruled most tariffs illegal, Trump signaled he would turn to other existing laws rather than Congress to impose new ones.
- Shifting Article I powers: Critics say the moves siphoned Congress' authority to levy taxes and regulate commerce into the executive branch.
The split: Some bipartisan lawmakers, including Republican Sen. Rand Paul, criticized governing by emergency declaration. The administration maintained it was acting within statutory authority.
4) Renaming and restructuring government institutions
What happened: Trump used executive orders and administrative actions to rename and restructure government institutions in ways critics say require congressional approval.
How he did it:
- Unilateral renaming: He signed an executive order to rename the Defense Department the Department of War and issued an order renaming the Gulf of Mexico the "Gulf of America," moves that traditionally require legislation.
- Leveraging loyal boards: The board of the John F. Kennedy Center for the Performing Arts voted to rename the venue the "Trump-Kennedy Center," prompting backlash from lawmakers who noted an official renaming requires congressional action.
- Creating new entities: Trump established the U.S. Department of Government Efficiency (DOGE) without authorizing legislation.
- Ordering dismantlement: He ordered the Department of Education dismantled, despite it being created and funded by Congress.
- Grounding authority in unitary theory: The administration argued executive officials derive authority from the president rather than directly from Congress.
The split: Critics described the actions as violations of norms and escalations into Article I powers. The administration defended them as lawful exercises of executive authority.
5) Gutting and consolidating federal agencies
What happened: Trump asserted control over executive agencies by dismantling, consolidating and defunding them without new legislation.
How he did it:
- Unilateral restructuring: Orders targeted agencies including the Department of Education, EPA, NASA, USAID and the Department of Veterans Affairs.
- Establishing DOGE: The newly created entity initiated widespread firings and spending cuts, affecting funds Congress had already authorized.
- Eliminating independent guardrails: Leaders at independent agencies such as the National Labor Relations Board and the Federal Trade Commission were removed, as were Inspectors General.
- Schedule F order: An executive order reclassified civil servants in policy-influencing roles, asserting that "any power" they have is "delegated by the President."
- Bypassing Senate confirmation: Trump relied on the Vacancies Act to install acting officials without Senate advice and consent.
The bottom line: Dozens of lawsuits and federal court rulings have challenged these actions. Critics argue they represent an escalation of executive power that "crowds lawmakers out" of governance. The administration has maintained it is operating within presidential authority, aided by a divided or supportive Congress and a Supreme Court that has historically shown deference to executive power.
This article was written with inputs from Axios, Bates College, The Guardian, Cato Institute, Congressional Research Service and Bloomberg
