The Struggle for Congressional Independence in Trump's Second Term

After a decisive election win, President-elect Donald Trump and the Republican Party are now confronted with a significant political question: Will the U.S. Congress allow for any dissent under their leadership?

Even before taking office, Trump is testing the Senate’s resolve, particularly regarding his controversial nominations for his Cabinet and administration positions, including figures like Matt Gaetz and Robert F. Kennedy Jr. The prospect of a unified government, with a Republican-controlled White House, House, and Senate, presents a complex political reality as congressional leaders reconsider their roles in aligning with Trump’s agenda.

Senator Chris Murphy (D-Conn.) recently warned that this period could become a critical moment for American democracy, following Trump’s choice of Gaetz for Attorney General.

Trump returns to power at a high point in his political career, having won both the Electoral College and the popular vote, an achievement not seen in decades. With control of Washington, the Republicans face a significant opportunity to push forward an ambitious agenda, including tax reforms, mass deportations, reductions in federal regulation, and pursuing legal action against perceived adversaries, along with pardoning those involved in the January 6, 2021, Capitol attack.

However, Congress faces a challenging test. This moment raises questions about whether it can maintain its role as a co-equal branch of government in the face of Trump’s second term.

Phillip Wallach, a scholar from the American Enterprise Institute, suggests that Congress might become a mere rubber stamp for Trump’s policies. While this threat looms, Wallach believes the impact would be more pronounced if Republicans had won a larger majority. The House may have a narrower Republican margin, and while the Senate holds a 53-seat advantage, this is far from a sweeping mandate.

Despite these concerns, Wallach emphasizes that elected officials are not weak; they are capable of resisting becoming subservient to the president’s agenda.

The political landscape has shifted dramatically since Trump’s first term. His fiercest critics have been ousted from Congress, and the Supreme Court has moved rightward with three Trump-appointed justices. Additionally, a recent ruling granted Trump broad immunity from prosecution.

Trump’s Cabinet picks are among the first challenges to Congress. While some, like Senator Marco Rubio for Secretary of State, are expected to receive bipartisan support, others such as Kennedy, Tulsi Gabbard for Director of National Intelligence, and Pete Hegseth for Defense Secretary are stirring controversy. Gaetz, a staunch Trump ally with controversial views on the Justice Department, faces heightened scrutiny due to ongoing ethics investigations into allegations of sexual misconduct and drug use. Gaetz denies the accusations but resigned from Congress upon his nomination, effectively halting the investigation.