Madison's Federalist 47: "accumulation of all powers, legislative, executive and judiciary, in the same hands... may justly be pronounced the very definition of tyranny,"
In the intricate framework of the U.S. Constitution Article 2 vests the executive power in the President, granting authority over foreign affairs, military command, appointments, and the faithful execution of laws. This design ensures a strong, unitary executive capable of decisive action, balanced by congressional and judicial oversight.
However, in the shadow of this weekend's 'No Kings' rally, recent actions by the Senate and judiciary suggest a concerted effort to erode these powers, effectively sidelining the presidency and concentrating authority in an unelected, elite cadre reminiscent of a Soviet-style politburo—a small, unaccountable group wielding disproportionate control over policy and governance.
Consider the judiciary's pattern of overreach. District courts, often in liberal strongholds, have increasingly issued nationwide injunctions against executive orders, even when those actions fall squarely within Article II prerogatives. For instance, in cases involving immigration and border security, judges have blocked presidential directives on deportation or asylum policies, citing dubious interpretations of statutes.
These rulings don't just delay implementation; they usurp the President's role as commander-in-chief and chief executive, turning Article II into a suggestion rather than a mandate. As one analysis notes, such "judicial sabotage" grinds executive action to a halt based on ideology, not law, creating a shadow government where a single activist judge can override the will of the electorate.
This isn't checks and balances—it's judicial supremacy, where lifetime-appointed officials dictate policy from the bench, echoing the politburo's opaque, top-down decision-making.The Senate exacerbates this erosion through its confirmation process and oversight tactics.
Under Article II, the President nominates officials and judges, but the Senate's "advice and consent" has morphed into a veto power wielded by partisan factions. Blue slips, for example, allow individual senators to block judicial nominees from their states, stalling the filling of vacancies and leaving the executive branch understaffed.
This practice, deemed unconstitutional by critics, fragments executive authority and empowers a handful of senators to paralyze the administration. Moreover, Senate committees like Judiciary have delayed or derailed key appointments, forcing the President to operate with interim officials or face vacancies in critical roles.
In a 2025 context, with a divided Congress, this has intensified, turning the upper chamber into a gatekeeper that dilutes presidential power.
Together, these branches are fostering a politburo-like system. By weakening the unitary executive, power shifts to a de facto committee: influential senators, activist judges, and their allied interest groups.
Unlike a president accountable every four years, this cabal operates with minimal transparency or electoral repercussions. Historical parallels abound—the Soviet Politburo centralized power in a small elite, bypassing broader representation. Here, endless litigation and senatorial obstruction create policy by inertia, where progressive judges and Democratic senators effectively veto conservative executive agendas.
Recent critiques highlight how this "DEI clown car" of judges subverts voter mandates, imposing nationwide halts on policies like border enforcement without accountability.
- Illinois/Chicago (7th Circuit Court of Appeals, October 11-16, 2025):
A three-judge panel (Judges Ilana Rovner, David Hamilton, and Amy St. Eve) largely upheld U.S. District Judge April Perry's October 9 temporary restraining order blocking the deployment of ~500 National Guard troops (from Illinois, Texas, and California) into Chicago streets. The court ruled there's "no credible evidence" of a "rebellion" justifying override of state objections under 10 U.S.C. § 12406, emphasizing deference to the president's military judgment but finding Perry's facts "not clearly erroneous." Troops can remain federalized and stationed at bases (e.g., near Joliet), but not deployed actively. This followed a partial stay on October 11 allowing federal control but not street use.
- Oregon/Portland (9th Circuit Court of Appeals, October 8-10, 2025):
A panel (two Trump appointees and one Clinton appointee) paused U.S. District Judge Karin Immergut's October 4 order barring federalization and deployment of Oregon National Guard troops to Portland protests. The stay allows troops to remain under federal control but holds deployment in abeyance pending merits arguments, aiming to preserve the status quo. Immergut extended her block to October 29 on October 15, criticizing potential circumvention.
These rulings stem from Trump's invocation of federal laws (e.g., Insurrection Act precursors) to federalize Guard units without governor consent for ICE protection, sparking lawsuits alleging overreach and Tenth Amendment violations. No single "judge" moved to an appellate court—the panels are established circuits—but these are the most recent appellate actions on Guard use as of October 18, 2025. Earlier June 2025 cases (e.g., California) set precedents favoring Trump on federalization but not always deployment.
This trend risks long-term constitutional decay. Norms once restraining overreach are eroding, as seen in post-2024 election battles where courts invalidated executive actions on grounds of "abuse of power," even for official acts.
If unchecked, the presidency becomes ceremonial, with real authority in judicial chambers and Senate cloakrooms—a far cry from the Framers' vision.
To restore balance, Congress must curb nationwide injunctions, and the Supreme Court should enforce stricter limits on lower courts. Otherwise, the U.S. drifts toward oligarchic rule, where Article II is a relic, and a modern politburo reigns supreme. The stakes are democracy itself: a strong executive or rule by judicial-senatorial fiat?
Editorial comments expressed in this column are the sole opinion of the writer
Article II
Section 1
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:– I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
