If you were to come up with a blueprint for authoritarian rule, the opening actions of President Trump’s administration would fit the bill perfectly. In my book, “No Democracy Lasts Forever,” I’ve investigated the ways in which democracies crumble and give way to authoritarian regimes. It’s often the case that leaders are elected rather than seizing power in a coup, and from there, they gradually take control and silence their opposition.
So, where do we stand on this journey?
The system of checks and balances is starting to erode. A fundamental role of the legislative branch is to manage the nation’s finances. However, President Trump and his team have claimed the power to bypass this by not spending money that’s been legally allocated. During his confirmation hearings, Russell Vought, the newly appointed director of the Office of Management and Budget, boldly stated that the president could opt not to disburse the funds, despite federal laws like the Impoundment Control Act of 1974 which prohibit such actions. The president has already wielded this power extensively, such as through an executive order freezing significant federal spending (which has been temporarily blocked by federal courts) and almost dismantling the U.S. Agency for International Development, which exists due to federal statutes. Concurrently, he has taken on the authority to use funds without congressional approval, as seen in the proposed buyout for federal workers.
Blatant disregard for laws is becoming commonplace. Every authoritarian leader claims to stand above the law, often by dismissing existing laws entirely. It’s alarming how many have been breached since Trump took office at noon on January 20. Trying to end birthright citizenship contravenes the 14th Amendment and established Supreme Court rulings. Dismissing a commissioner from the National Labor Relations Board and members of the Equal Employment Opportunity Commission violates federal laws that the Supreme Court has previously upheld as constitutional. Even the threat to deport individuals holding visas because of their viewpoints infringes on the 1st Amendment. And that’s just a glimpse of the violations.
A government purge is in progress. Appointees like Kash Patel, Tulsi Gabbard, Robert F. Kennedy Jr., and Pete Hegseth seem to be chosen primarily for their loyalty to Trump, rather than their qualifications. More troubling is the administration’s push to exert total control over the federal workforce. Trump’s stance seems to be that he can remove anyone from the federal government regardless of opposing federal laws like those protecting civil service employment. The relative silence when FBI agents and Justice Department attorneys, who rightfully investigated and prosecuted the January 6, 2021, insurrectionists, came under fire was quite shocking. It’s no wonder that federal employees across the board are worried that their expertise could lead to job loss.
Court decisions are being challenged. On January 17, 2025, the Supreme Court upheld the federal ban on TikTok effective January 19. Trump, however, ignored this ruling and delayed the ban by 75 days without any legitimate authority. Meanwhile, Vice President JD Vance remarked on social media that “judges aren’t allowed to control the executive’s legitimate power” as they blocked some executive actions that were blatantly illegal. Elon Musk even called for impeaching judges who ruled against Trump. Historically, with very few exceptions, American presidents have respected court orders. By defying the courts, a president risks becoming untouchable and operating above the law.
The onset of a chilling effect is noticeable. We’ve seen major media companies like ABC and Facebook give in to Trump’s frivolous lawsuits, with CBS potentially following suit. Some media moguls are even trying to get on his good side. More disturbingly, there’s a noticeable reluctance among those who disagree with Trump, yet hold secure positions, to publicly challenge him. I’ve suggested to fellow law school deans that we issue a collective statement underscoring the rule of law’s significance in light of these assaults by the new administration. But some, even from traditionally liberal states, feared repercussions for themselves or their institutions should they speak out.
As more essential guardrails vanish, the demand for silence will only grow.
The fall of a constitutional democracy is a gradual process, not an abrupt one. The Trump administration is undoubtedly pushing past long-held boundaries. The worrying aspect is how emboldened they seem, given how far they’ve come with minimal resistance.
Despite this, I hold onto the hope that the courts will intervene to halt these illegal acts, as some have already begun to do, and that the Republican majority in Congress will exert its constitutional powers. Perhaps public outcry will rise to the occasion.
What we are witnessing should concern us all. Because no democracy lasts forever.
Erwin Chemerinsky, a contributing opinion writer, serves as the dean of UC Berkeley Law School.
