The powers of the US president are often misunderstood, giving rise to myths about what any president can unilaterally achieve. From suspending the Constitution to closing public schools, these misconceptions often overlook constitutional safeguards and the separation of elected powers and branches of government.
Here's a closer look at seven common myths about incoming US President Donald Trump's administration, some of its proposals and why they don't hold up under closer examination.
Myth #1: Trump can suspend the Constitution and rule indefinitely
The US constitution explicitly limits presidential terms to two, as mentioned in the 22nd Amendment. Overriding this would require a constitutional amendment, which demands approval by two-thirds of both houses of Congress, and ratification by three-fourths of the states — an almost impossible task given the current political divide. Even in the event of an emergency, presidential powers do not extend to altering term limits without congressional and judicial oversight. The separation of powers ensures that no president can suspend the Constitution or unilaterally extend their tenure.
Myth #2: Trump can simply call in the military to mass-deport immigrants unchecked
The Posse Comitatus Act explicitly limits the military's role in domestic law enforcement. While Trump might declare a national emergency to expand the military's temporary role in immigration enforcement, such actions would still require congressional funding and face judicial scrutiny. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) already handle deportation operations under strict guidelines, and the military is not trained or legally authorized to replace them. Deploying the military for mass deportations would provoke immediate constitutional challenges and bipartisan resistance in Congress. Even during Trump's first term, similar proposals were watered down or blocked by existing legal frameworks. Already, figures like Senator Rand Paul have publicly opposed the idea of using the Army for domestic immigration enforcement, fearing it could spark a public relations disaster and other legal hurdles.
Myth #3: Trump can single-handedly cut Social Security and Medicare
Social Security and Medicare are mandatory spending programs established by law, and only Congress can change their funding or structure. While the president can propose budget cuts or administrative changes, these must be approved by Congress, where both parties face significant voter pressure to preserve these programs. Attempts to cut Social Security or Medicare would likely face bipartisan opposition, as these programs are overwhelmingly popular with the public, including Trump's own voter base. Historical efforts to reform entitlement programs, during the Reagan and Obama administrations, have consistently failed due to public backlash. Additionally, the courts could intervene if executive actions violate statutory requirements for these programs. This makes unilateral cuts to Social Security or Medicare virtually impossible without widespread political consensus.
Myth #4: Trump can make it illegal to be transgender
Federal and state laws, as well as judicial rulings, provide significant safeguards for transgender rights that cannot be overturned unilaterally by the president. For instance, Supreme Court decisions, like Bostock v. Clayton County (2020), affirm protections for LGBTQ+ individuals against workplace discrimination under Title VII of the Civil Rights Act. While an administration could attempt to limit federal policies or guidelines related to transgender rights, such efforts would face immediate challenges in the courts and resistance from states with strong protections in place. Even during Trump's first term, attempts to ban transgender people from military service were met with legal challenges and widespread criticism, leading to a more limited implementation than initially proposed. Any future actions would likely follow a similar trajectory, constrained by existing laws and judicial oversight.
Myth #5: Trump plans to close down public schools
Trump cannot close all public schools because education governance primarily resides at the state and local levels, and the federal government's role is limited. However, his platform did include talk of closing the Department of Education, and returning its responsibilities to the states, echoing a longstanding conservative goal, but this would require congressional approval — an unlikely outcome even with Republican majorities. Trump's appointment of Linda McMahon as Secretary of Education, a figure with limited experience in education policy, underscores his focus on loyalty and optics over expertise, raising questions about her ability to advance his agenda. Critics note that eliminating the Department of Education's critical functions, such as administering Title I funds for low-income students, enforcing civil rights, and overseeing federal student loans could hinder Trump's own goals, such as limiting the teaching of topics like race and gender. Ultimately, while Trump's rhetoric about closing the department and reshaping education may appeal to his base, the legal and institutional framework ensures that public schools and federal education oversight will remain intact.
Myth #6: Trump can eliminate all vaccine policies
Vaccine mandates are primarily determined at the state level, especially when it comes to school enrollment. The federal government has limited authority to impose or eliminate vaccine requirements nationwide. While a Trump administration could influence federal agencies like the CDC to adjust vaccine guidelines or recommendations, they can't enforce states to change their mandates. In his first term, Trump's administration generally allowed states to set their COVID-19 response policies, and a similar decentralized approach is likely to continue. Trump could push for fewer federal vaccine requirements too, but he cannot unilaterally remove state-level mandates or private-sector policies.
Myth #7: Trump can make a nationwide abortion ban
The US constitution does not grant the president the authority to directly implement nationwide laws, including an abortion ban. Abortion policy is now largely determined at the state level following the Supreme Court’s Dobbs v. Jackson Women's Health Organization decision, which returned abortion regulation to individual states. Congress would need to pass a federal abortion ban for it to take effect, and such legislation would face significant legal and political hurdles, including potential filibusters in the Senate. Even if signed into law, such a ban would be subject to judicial review, with challenges likely reaching the Supreme Court. Trump could further influence abortion policy by appointing conservative judges or advocating for certain laws, but his direct power is limited by constitutional checks and balances. The current political and legal framework makes a unilateral nationwide abortion ban by a president highly improbable.
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