Cass R. Sunstein, Columnist

Republicans’ Hypocrisy Endangers Separation of Powers

When Trump goes, the nation will need a Watergate-scale reckoning on presidential power.

Take that, Senator Graham.

Photographer: Mandel Ngan/AFP/Getty Images

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The system of separation of powers is in real trouble. That’s the main conclusion to draw from President Donald Trump’s recent executive orders, attempting to circumvent Congress with actions that (he said) would provide some economic relief made necessary by the pandemic.

A central assumption behind the U.S. Constitution no longer holds. The reason is that when members of Congress are asked to assess aggressive and possibly unlawful actions of a sitting president, they now ask one question: Is he a Democrat or a Republican?