Did the Founders Anticipate a President Like Trump?

What would the framers of the Constitution have thought about President Trump’s expansive claim to executive authority? I examined that question in an essay published over a long weekend. The responses from readers—especially their criticisms—offer valuable insight into the debate. Below is a brief overview.

The Constitution’s drafters, mindful of a recent revolution that rejected tyranny, sought to create a chief executive who was energetic and decisive yet remained subject to checks from the other branches. However, they did not foresee the emergence of political parties that would shield party leaders from impeachment, making removal from office virtually unattainable in U.S. history.

In short, my earlier essay traced these themes. International readers often questioned why Americans continue to look to a document over two centuries old for contemporary solutions, noting that the founders, though brilliant, cannot indefinitely govern a nation that has evolved. Some pointed out that the Supreme Court, which I have covered for nearly two decades, has not only failed to curb Trump’s ambitions but has at times reinforced them.

Hamilton described the judiciary as the “least dangerous” branch, yet the Court has assumed a dominant role in interpreting the Constitution, often siding with the president over Congress. Recent rulings have embraced the “unitary executive” theory, and in 2024 the Court granted Trump significant immunity for actions taken to overturn the 2020 election, citing the need for a vigorous presidency. Justice Sotomayor dissented, warning that an unchecked focus on presidential strength neglects the equally vital principles of accountability and restraint. Critics also argue that the framers could not have anticipated the influence of money in politics, the hyper‑partisan battles over gerrymandering, or the Court’s role in enabling these dynamics, underscoring dual failures: an inability to foresee a Trump‑like figure and a failure of the other branches to exercise their constitutional checks.

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