Democrats have had little power since Trump took back the Presidency in 2025. They are the minority party in both houses of Congress and only three Supreme Court justices are aligned with Democratic Party values and priorities. Without access to these levers of power, none of the checks and balances (termed ‘C&B’ hereafter) that were built into the Constitution can work.
This column, like several of its predecessors, explores the structures in society outside the federal government that might perform the traditional C&B functions.
If the Founders wanted to draw a C&B diagram for the three branches of government, it would have fit on a cocktail napkin. There’s a lot more power and wealth at stake now than in 1787. Our country is larger in all dimensions and our society has evolved to become extraordinarily complex. Today’s diagram might not even fit on a widescreen TV, due to the number of Congressional committees and Executive agencies.
Trump’s efforts to undermine confidence in elections have been stymied and his foreign affairs and economic policies, especially those involving tariffs, are failing, to name just two. Voters are outraged by his handling of deportations.
How has the opposition to President Trump’s initiatives been as successful as it’s been without C&Bs?
The answer may lie outside the Founders’ original plan. Citizens and non-federal organizations have become agents for C&Bs.
After two senators and four House members said members of the military do not have to follow illegal orders, Trump accused them of treason. A U.S. Attorney convened a grand jury to indict them for ‘seditious conspiracy,’ but not a single juror voted to indict them. The Department of Justice has dropped the case.
This week, Virginia voters passed an Amendment to the State Constitution, allowing temporary redistricting between census years “to restore fairness in the upcoming elections.” California took similar action in response to Trump’s call for more safe Republican House districts and efforts by Texas to do so.
Private non-profit groups (NGOs)-unknown in 1787-are now among the most important champions of C&B.
Many NGOs (e.g., National Immigrant Center, Immigrant Defense Project) have used lawsuits, public demonstrations, public awareness campaigns, and direct actions against enforcement to prevent and even reverse deportations by the Department of Homeland Security.
The President ordered the after-hours demolition of the East Wing of the White House and Congress, controlled by his party, raised no objections. It’s a public building and is part of the National Park Service. Trump refused to release information on how the construction would be funded until Public Citizen, a non-profit organization (NGO) sued under the Freedom of Information Act. The National Trust for Historic Preservation, another NGO, sued to stop construction because the President has no authority for such acts. A federal judge agreed and ordered a halt to construction of the ballroom. Trump has appealed the decision and construction will continue until a June hearing.
State governments have been crucial in protecting free and fair elections, a responsibility given them in the Constitution.
Fulton County, GA filed a lawsuit demanding the return of ballots and documents from the 2020 election that were confiscated during an FBI search. The suit cited the danger of giving the federal government “unchecked power to interfere with the local administration of elections.”
Illinois has been especially proactive in opposing Trump’s initiatives. The State’s Attorney General filed more than 50 lawsuits to block National Guard deployments to Chicago and to restore federal grants to Illinois.
Arizona’s Attorney General has started to prepare legal challenges to any federal attempts to seize ballots or voting machines or to cancel the November 2026 election.
The Michigan Court of Claims has twice dismissed a Republican challenge to an election law permitting Michigan residents living abroad to vote absentee using their Michigan addresses.
Labor unions have taken a leading role in class action and other lawsuits against government agencies for the dismissal of federal workers without adequate cause or due process. Reinstatement of approximately 25,000 fired employees is now in progress, and reinstatement of an additional 16,000 has been put on hold during the government’s appeal.
This story abounds in irony. President Trump has used lawsuits and intimidation to his advantage in business and government. Democrats have started to use these same tools against his attempts to undermine the rule of law and to govern as an autocrat.
When California and Virginia decided to redraw House districts between census years, Republicans accused them of hypocrisy. I consider it a case of giving the bully a bloody nose. Maybe Republicans will think twice before starting the next gerrymandering fight.
It’s ironic that the statement that may best summarize this novel implementation of C&B came from President Trump on January 6. 2021:
“If you don’t fight like hell, you’re not going to have a country anymore.”
3 Responses
Thank you David Schindler for another thoughtful article. Another C&B has been popular, grass-roots organizing and citizen participation in peaceful demonstrations against this administration.
Another, the citizens of Minneapolis standing in resistance and solidarity with their neighbors against armed, masked men wearing no identification, patrolling in unmarked vehicles, breaking into homes without judicial warrants and shooting and even murdering unarmed American citizens.
The American people are strong and resilient. You give voice and hope and direction to the best in us.
Sorry! David Schindel…it was an auto spell misspelling.
No worries, Michael. It’s not the first time autocorrect has confused the two surnames. I’m flattered at the prospect of being associated with Oskar Schindler, though he may have not felt the same to be associated with me. We’ll never know.
Thanks for your kind words about my last column. You’re right, of course, that protest demonstrations can have impact akin to checks and balances. The two citizen impacts I included (grand jury duty and voting on a state constitutional amendment) have clear connections to immediate impacts; the impact of protests is indirect and hard to confirm.
That being said, I’m thinking about a future column on how protests can be focused more clearly on messages that connect the dangers of autocratic rule to their direct impact on taxpayers. Undeclared wars, unconstitutional tariffs, and grift schemes conducted by elected officials are three examples.