Is the United States Congress Exercising its Constitutional Mandate?

Nearly every day, there are changes in the United States. Since his inauguration, President Trump has issued numerous Executive Orders. The U.S. federal courts have put many of these Executive Orders “on hold” while litigation continues through the courts. The Trump Administration is not pleased with the result and has criticized the federal courts. But in the U.S. system of government, it is the Legislative Branch (Congress) and not the Executive Branch that has the authority under the Constitution to pass laws. Yet the Trump Administration continues to try to “legislate” through executive orders. Is Congress trying to give its power to legislate and appropriate to the Executive Branch? Or will Congress take up its legislative agenda?

There are several items on the U.S. Congress’ agenda. The House and Senate have to pass a debt ceiling that will allow the government to continue to pay its bills. House Republicans want to include this in a reconciliation bill so that they only need a simple majority in both Houses to pass it. The House and Senate want to pass a reconciliation bill. This bill will allow the House and the Senate to reconcile the U.S. budget with President Trump’s priorities, the most important of which is making his tax cuts permanent. Doing so will cost a lot of money so there will be cuts to very popular programs, including Medicaid which funds hospitals, nursing homes, and provides healthcare for over 70 million people.

Finally, while the House and Senate passed a Continuing Resolution (CR) to keep the government open until September 30, 2025, in a few months they must pass appropriations bills to fund the government through fiscal year 2026. This is a lot to get done. And it is the Members of Congress—the House and the Senate—who are duty bound to get this work done.

Typically, Congress gets its work done through the art of compromise. But the upcoming Congressional agenda will be contentious, and no one has outlined a political compromise that could be achieved. Democrats are against extending tax cuts for the wealthy and cutting programs like Medicaid. Republicans’ number one priority is to enact tax cuts: they fundamentally believe that when the wealthy have more money, they will invest it in the economy.

Since Republicans have a slim margin in the House, the Speaker of the House and his leadership are hoping President Trump can convince wavering Republicans—those who won close elections—to fully support the President’s agenda. Wavering Republicans did back President Trump in supporting a Continuing Resolution (CR), but making cuts to Medicaid to enact a tax cut for the wealthy is a different political calculation, particularly when the President’s support is trending downwards.

Many recent polls show that President Trump’s approval rating is falling. In a recent Morning Consult poll, the President’s approval is at 48 percent and his disapproval rating is at 50 percent.  The Ipsos poll has the President’s approval rating at 42 percent and his disapproval rating at 52 percent. Similarly, the Quinnipiac University poll has the President’s disapproval at 53 percent and his approval rating at 42 percent. Several reports maintain that the President’s approval rating is high, but that is only in comparison to his low approval rating in his first term. His disapproval rating is well above his first term disapproval ratings.

The President’s declining approval ratings appear to be driven by his handling of the economy.  All political analysts agree that President Trump was re-elected in part because voters experienced a strong economy during President Trump’s first term in office. They regarded the pandemic as an aberration and believed the President’s “brand” as a successful business leader would mean the economy would get back on track. Even though economists viewed President Biden’s economy as fundamentally strong, voters—because of inflation—were faced with high inflation and supply chain challenges. Voters’ number one priority was low prices!

The introduction of tariffs, the dismantling of the government, the stock market “adjustment” and the uncertainty is, most analysts believe, causing the President’s approval rating concerning the economy to decline. Recent polls show that 53 percent of the public does not belief tariffs will help the economy, and 53 percent believes tariffs will do more harm to the economy.  Consumer confidence, as measured by the University of Michigan’s Consumer Sentiment Index, dropped to 57.9 in March 2025, down from 64.7 in February. This index is the lowest level since November 2022, reflecting declining consumer confidence.

With his approval rating declining, consumer confidence at a three-year low, and markets, at best, shaky, the President’s ability to convince wavering Republicans to vote for unpopular tax cuts for the wealthy, while cutting health care may face strong headwinds. Adding to this challenge is that many Republican Members of Congress are facing angry constituents when they are traveling home to meet voters.

One of the overriding concerns is whether the Congress, led by the Republicans, is allowing the Executive Branch to usurp its authority under the U.S. Constitution. The federal courts, thus far, have maintained the separation of powers. We will continue to monitor whether the Republicans in Congress will perform their Constitutional function or allow the Executive Branch to erode its power through Executive Orders.