'Once-unthinkable scenarios': Trump creates '3-step process' for 'ever-expanding presidential power'

U.S. President Donald Trump delivers remarks at the U.S. Ambassador's Residence in Tokyo, Japan, October 28, 2025. REUTERS/Evelyn Hockstein

President Donald Trump's opponents are sounding the alarm about the ways in which he is using the military, both domestically and abroad. Trump's military strikes against Venezuelan boats are being described as "extrajudicial killings" by his critics, who also consider his use of the military during demonstrations in Downtown Los Angeles over the summer wildly inappropriate.

In an article published on October 28, Axios reporters Jim VandeHei and Mike Allen highlight ways in which Trump's use of the military differs from previous presidents.

"President Trump is asserting the right to unilaterally use the military wherever, whenever and be the sole judge and jury of his own actions," VandeHei and Allen explain. "Why it matters: Of all the unprecedented actions, these might carry the most sweeping consequences — not just now, but for future presidents. The new precedent is being set in real time: The only real limit on Trump appears to be Trump himself."

The Axios reporters continue, "Neither the conservative Supreme Court nor the GOP-led Congress has shown much interest in limiting this executive. This dynamic frees Trump to use federal troops in U.S. cities over the objection of a state's governor, or kill people overseas without war authorization or scrutiny, or prosecute his critics in U.S. courts, or seize congressional powers over tariffs and spending."

How much power the federal government's executive branch has under the U.S. Constitution is being hotly debated during Trump's second presidency. Trump and his MAGA allies believe in a very strong executive branch, while his critics are accusing him of failing to respect the powers that the judicial and legislative branches enjoy according to the Constitution.

VandeHei and Allen highlight "a three-step process now established for presidents to do as they please": (1) "Unilaterally declare an emergency," (2) "Claim full power to determine the legality of their own actions," and (3) "Assert full, unilateral power to unleash the military, overseas and domestically, to enforce his will."

"Trump, building on 25+ years of ever-expanding presidential power, has set the precedent for once-unthinkable scenarios," according to the Axios reporters. "This applies not just to him, but to all presidents going forward. That's why precedents matter."

UCLA law professor and election law expert Rick Hasen warns that Trump "has been sending clear signals of his intent to interfere with the fairness and integrity" of the 2026 midterms.

Hasen told Axios, "I am worried about troops in American cities during the time of the election. But I think that would cause a great amount of pushback. The American people would be a check (and the National Guard troops themselves) if he tried to keep people from voting or tried to seize voting machines or tried to declare some emergency to stop voting."

Read Jim VandeHei and Mike Allen's full article for Axios at this link.

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