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Trump’s expanding executive power raises alarms over Congress’ role

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Congress’ power has been diminishing for years, leaving Trump to act with impunity

Samuel Garrett, University of Sydney

A year into US President Donald Trump’s second term, his record use of executive orders, impoundment of government spending, and military interventions in Venezuela and Iran have sparked criticisms from Democrats and even some Republicans. They say he is unconstitutionally sidelining Congress.

As Trump increasingly wields his power unilaterally, some have wondered what the point of Congress is now. Isn’t it supposed to act as a check on the president?

But the power of the modern presidency had already been growing for decades. Successive presidents from both parties have taken advantage of constitutional vagaries to increase the power of the executive branch. It’s a long-running institutional battle that has underwritten US political history.

The years-long erosion of Congress’ influence leaves the president with largely unchecked power. We’re now seeing the consequences.

A fraught relationship

Congress is made up of the House of Representatives and the Senate. Under the US Constitution, it’s the branch of the government tasked with making laws. It’s supposed to act as a check on the president and the courts.

It can pass legislation, raise taxes, control government spending, review and approve presidential nominees, advise and consent on treaties, conduct investigations, declare war, impeach officials, and even choose the president in a disputed election.

But the Constitution leaves open many questions about where the powers of Congress end and the powers of the president begin.

In a 2019 ruling on Trump’s tax returns, the judge commented:

disputes between Congress and the President are a recurring plot in our national story. And that is precisely what the Framers intended.

Relative power between the different branches of the US government has changed since independence as constitutional interpretations shifted. This includes whether the president or Congress takes the lead on making laws.

Although Congress holds legislative power, intense negotiations between Congress and the executive branch (led by the president) are now a common feature of US lawmaking. Modern political parties work closely with the president to design and pass new laws.

Redefining the presidency

By contrast, presidents in the 19th and early 20th centuries generally left Congress to lead policymaking. Party “czars” in Congress dominated the national legislative agenda.

Future president Woodrow Wilson noted in 1885 that Congress:

has entered more and more into the details of administration, until it has virtually taken into its own hands all the substantial powers of government.

Wilson and Franklin Roosevelt after him would later help to redefine the president not only as the head of the executive branch, but as head of their party and of the government.

In the 1970s, in the wake of the Watergate scandal and secret bombing of Cambodia, Congress sought to expand its oversight over what commentators suggested was becoming an “imperial presidency”.

This included the passage of the 1973 War Powers Resolution, designed to wrest back Congressional control of unauthorised military deployments.

Nevertheless, the Clinton, George W. Bush and Obama administrations all argued that Congressional authorisation was not required for operations in Kosovo, Iraq and Libya (though Bush still sought authorisation to secure public support).

In turn, the Trump administration argued its actions in Venezuela were a law-enforcement operation, to which the resolution does not apply.

Why presidents bypass Congress

Historically, presidents have sought to bypass Congress for reasons of personality or politics. Controversial decisions that would struggle to pass through Congress are often made using executive orders.

Obama’s 2011 “We Can’t Wait” initiative used executive orders to enact policy priorities without needing to go through a gridlocked Congress. One such policy was the 2012 creation of the DACA program for undocumented immigrants.

Franklin Roosevelt’s use of executive orders dwarfed that of his predecessors. He issued eight times as many orders in his 12-year tenure than were signed in the first 100 years of the United States’ existence.

The question of what constitutes a genuine threat to the preservation of the nation is especially pertinent now. More than 50 “national emergencies” are currently in effect in the United States.

This was the controversial basis of Trump’s tariff policy under the International Emergency Economic Powers Act. It bypassed Congressional approval and is now being considered by the Supreme Court.

Recent presidents have also increasingly claimed executive privilege to block Congress’ subpoena power.

Institutional wrestling

Institutional wrestling is a feature of Congressional relations with the president, even when the same party controls the White House and both chambers of the legislature, as the Republican party does now.

While Roosevelt dominated Congress, his “court-packing plan” to take control of the US Supreme Court in 1937 proved a bridge too far, even for his own sweeping Democratic majorities. The Democrats controlled three quarters of both the House and Senate and yet refused to back his plan.

More recently, former Democrat Speaker Nancy Pelosi delivered many of Barack Obama’s early legislative achievements, but still clashed with the president in 2010 over congressional oversight.

As House minority leader, she rallied many Democrats against Obama’s US$1.1 trillion (A$1.6 trillion) budget proposal in 2014. Obama was forced to rely on Republican votes in 2015 to secure approval for the Trans-Pacific Partnership, despite his heavy lobbying of congressional Democrats.

Even today’s Congress, which has taken Trump’s direction at almost every turn, demonstrated its influence perhaps most notably by forcing the president into a backflip on the release of the Epstein files after a revolt within Trump’s supporters in the Republican party.

Given the extremely slim Republican majority in Congress, the general unity of the Republican party behind Trump has been a key source of his political strength. That may be lost if public opinion continues to turn against him.

Is Trump breaking the rules?

Trump and his administration have taken an expansive view of presidential power by regularly bypassing Congress.

But he’s not the first president to have pushed the already blurry limits of executive power to redefine what is or is not within the president’s remit. The extent to which presidents are even bound by law at all is a matter of long running academic debate.

Deliberate vagaries in US law and the Constitution mean the Supreme Court is ultimately the arbiter of what is legal.

The court is currently the most conservative in modern history and has taken a sweeping view of presidential power. The 2024 Supreme Court ruling that presidents enjoy extensive immunity suggests the president is, in fact, legally able to do almost anything.

Regardless, public opinion and perceptions of illegality continue to be one of the most important constraints on presidential action. Constituents can take a dim view of presidential behaviour, even if it’s not technically illegal.

Even if Trump can legally act with complete authority, it’s public opinion — not the letter of the law — that may continue to shape when, and if, he does so.The Conversation

Samuel Garrett, Research Associate, United States Studies Centre, University of Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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DOJ to charge Don Lemon under historic KKK Act

DOJ plans to charge Don Lemon under KKK Act, emphasizing civil rights law’s relevance and implications for legal enforcement.

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DOJ plans to charge Don Lemon under KKK Act, emphasizing civil rights law’s relevance and implications for legal enforcement.


The Department of Justice has announced plans to charge Don Lemon under the Ku Klux Klan Act, a landmark federal civil rights law designed to protect citizens from intimidation and violence.

This unprecedented move highlights the continued relevance of civil rights statutes in modern America.

We break down the implications of the DOJ’s decision, exploring how the KKK Act functions, its enforcement mechanisms, and the potential consequences for individuals charged under it. Legal experts weigh in on why this act remains a critical tool for safeguarding civil liberties.

For deeper insight, we speak with Oz Sultan from Sultan Interactive Group to unpack the historical context, recent developments, and what this could mean for civil rights enforcement going forward.

Subscribe to never miss an episode of Ticker – https://www.youtube.com/@weareticker

#DonLemon #KKKAct #CivilRights #DOJ #LegalNews #BreakingNews #USPolitics #TickerNews


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Why traditional flood warnings keep failing

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More floods are coming. Here’s what actually works to help people prepare

Brian Robert Cook, The University of Melbourne; Nicholas Harrigan, Macquarie University, and Peter Kamstra, The University of Melbourne

Weekend storms and flooding in New South Wales led to the NSW State Emergency Service responding to more than 1,600 incidents across the state.

This follows last week’s flash floods in Victoria, where cars were swept to sea and people raced to escape. Many affected were holidaymakers but even locals were caught unprepared.

Previous flood-preparedness approaches have proved insufficient. Government and risk agencies have relied on top-down approaches that broadcast information to people and then expect them to act on it.

Despite decades of increasingly sophisticated warnings and campaigns, attempting to tell people what to do has delivered uneven and often limited results.

So what actually works?

This question was at the heart of our new paper, published in the Journal of Hydrology, which involved engaging with 641 households in flood-prone areas of Kingston and Darebin in the Greater Melbourne area.

We found a more participatory one-on-one approach leads to behaviour changes that actually reduce risk to people and property. That means really listening to people about what they know and how they feel about flood risk.

What we did

The study used a real-world, before-and-after research design to understand how households decide to reduce flood risk. We used a methodology called Community Engagement for Disaster Risk Reduction, conceived by one of us (Brian Cook) but implemented by an extensive team, which prioritises meaningful human engagement over simply spreading awareness or telling people what to do.

Our researchers worked with households in flood-prone areas, holding one-on-one conversations.

Each household completed an initial survey-interview about their experiences, perceptions, and past actions.

Researchers returned months later to repeat the process and record changes.

By combining survey data with recorded conversations, our study tracked what people actually did over time.

What we found

Our research found people made practical changes to reduce flood risk after these engagements.

What mattered was not being told something, but having the space to talk through their own situation, receive follow-up material, and feel supported in making decisions relevant to them.

One participant reflected:

I can’t recall the detail of the conversation but certainly learned from the links you sent me in reference to the SES and the responses to various potential disasters.

Others described how seeing their home in context helped:

I think the maps and the resources that [your research assistant] sent me are what increased my awareness; I think I looked at the map and where we live, and I think I saw that it was probably the risk of flooding was worse than I thought it was.

For some, the engagement helped them think through

What to do if there’s a flood, acting early, making sure everyone’s safe, just like a bushfire.

Several participants described small but meaningful steps, such as:

I’m getting my emergency box together, so if something happens then I will be prepared or at least know what to grab and run for my life.

The conversations also shaped people’s connections with others. One said they:

Got in contact with a couple more neighbours since then, just exchanged numbers so that if they see something happening in our place, or vice versa, that we’ve got a contact for them to call.

Another said:

When it came time to renew my insurance policy, double checked it for our flood cover.

One explained:

I increased my house, contents, and building insurance.

Importantly, participants often framed flood risk as something shared and ongoing, not a problem solved by individual vigilance. One reflected:

There are a lot of leaves in the driveway that I went and swept up and put in my bin and then I thought “I’m never going to get them all in my bin”. I needed to make it a council issue rather than an individual owner’s issue. And if the leaves aren’t swept up, they go in the drains and then we get flooding in the driveway.

Another said:

I have asked the body corporate if they could do some new concreting because the ground has settled and that’s more risky. The water actually can come in [to the house] if we have a lot of rain.

Change emerged through feeling supported, being taken seriously, and acting within everyday constraints.

Where to from here?

In our study, change didn’t occur because people were instructed, persuaded, or repeatedly told what to do.

Nor was it the result of improved messaging, scarier warnings, or more information.

What mattered was participatory learning over time: people being invited into respectful conversations, treated as capable decision-makers, and supported to work through risk in ways that made sense within their own lives.

When people are engaged as partners rather than passive recipients, learning becomes relational, actions feel legitimate, and responsibility is shared across households, neighbours, and institutions.

Is it affordable?

Well, continuing on the current, ineffective path might well be even costlier in the long-term. Governments spend vast amounts on each advertisement campaign, with underwhelming results.

The 2022 floods along Australia’s east coast cost around A$7.7 billion in Queensland alone. If you reduced the damages by 10% you’d have more than $700 million in savings.

Engaging one-on-one with each household in high risk flood zones sounds expensive, but so too are many other tailored services provided by governments in Australia. Think, for instance, of home visits by a midwife or child health nurse after a person gives birth, or an in-home assessment provided by My Aged Care. As a society, we’ve decided those one-on-one engagements, while costly, are worth it.

Our research suggests it’s time we consider a similar approach with disaster risk reduction.

We know what works

Disaster preparedness has for too long persisted with approaches that seek to persuade, instruct, or direct.

But as recent events confirm, disasters do not unfold in neat or predictable ways.

Floods demand judgement, improvisation, and quick decisions made under extreme stress. What’s required isn’t simple compliance with predetermined instructions, but learning that can be adapted and adjusted in the moment.

Crucially, nearly all participants reported enjoying or appreciating the engagements, which helped spread the word and support further community connections.

When people are engaged in conversations that take their circumstances seriously, they build confidence and capacity to respond to unpredictable situations.

This is why participatory engagement and collaboration sit at the heart of the durable risk reduction we will need in an increasingly dangerous future.The Conversation

Brian Robert Cook, Associate Professor of Geography, The University of Melbourne; Nicholas Harrigan, Senior Lecturer in Quantitative Sociology, Macquarie University, and Peter Kamstra, Post-doctoral Research Fellow of Geography, The University of Melbourne

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Global power struggles and Arctic shipping risks

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Global power struggles over the ocean’s finite resources call for creative diplomacy

Jonas Gamso, Arizona State University and Hossain Ahmed Taufiq, Arizona State University

Oceans shape everyday life in powerful ways. They cover 70% of the planet, carry 90% of global trade, and support millions of jobs and the diets of billions of people. As global competition intensifies and climate change accelerates, the world’s oceans are also becoming the front line of 21st-century geopolitics.

How policymakers handle these challenges will affect food supplies, the price of goods and national security.

Right now, international cooperation is under strain, but there are many ways to help keep the peace. The tools of diplomacy range from formal international agreements, like the High Seas Treaty for protecting marine life, which goes into effect on Jan. 17, 2026, to deals between countries, to efforts led by companies, scientists and issue-focused organizations.

Examples of each can be found in how the world is dealing with rising tensions over Arctic shipping, seafloor mining and overfishing. As researchers in international trade and diplomacy at Arizona State University in the Thunderbird School of Global Management’s Ocean Diplomacy Lab, we work with groups affected by ocean pressures like these to identify diplomatic tools – both inside and outside government – that can help avoid conflict.

Arctic shipping: New sea lanes, new risks

As the Arctic Ocean’s sea ice cover diminishes, shipping routes that were once impassable most of the year are opening up.

For companies, these routes – such as the Northern Sea Route along Russia’s coast and the Northwest Passage through Canada’s Arctic Archipelago – promise shorter transit times, lower fuel costs and fewer choke points than traditional passages.

However, Arctic shipping also raises complex challenges.

Declining sea ice is opening two shipping routes to greater use: the Northern Sea Route, off the Russian coast, and the Northwest Passage, along Alaska’s coast and through the Canadian islands.
Susie Harder/Arctic Council

The U.S., Russia, China and several European countries have each taken steps to establish an economic and military presence in the Arctic Ocean, often with overlapping claims and competing strategic aims. For example, Russia closed off access to much of the Barents Sea while it conducted missile tests near Norway in 2025. NATO has also been patrolling the same sea.

Geopolitical tensions compound the practical dangers in Arctic waters that are poorly charted, where emergency response capacity is limited and where extreme weather is common.

As more commercial vessels move through these waters, a serious incident – whether triggered by a political confrontation or weather – could be difficult to contain and costly for marine ecosystems and global supply chains.

A fleet of military ships at dusk with mountains in the background.
German Naval vessels sail near Harstad, Norway, during Arctic exercises on Oct. 13, 2025.
Sean Gallup/Getty Images

The Arctic Council is the region’s primary official forum for the Arctic countries to work together, but it is explicitly barred from addressing military and security issues – the very pressures now reshaping Arctic shipping.

The council went dormant for over a year starting in 2022 after Russia, then the Arctic Council president, invaded Ukraine. While meetings and projects involving the remaining countries have since resumed, the council’s influence has been undercut by unilateral moves by the Trump administration and Russia, and bilateral arrangements between countries, including Russia and China, often involving access to oil, gas and critical mineral deposits.

In this context, Arctic countries can strengthen cooperation through other channels. An important one is science.

For decades, scientists from the U.S., Europe, Russia and other countries collaborated on research related to public safety and the environment, but Russia’s invasion of Ukraine disrupted those research networks.

Going forward, countries could share more data on ice thaw, extreme weather and emergency response to help prevent accidents in a rapidly opening shipping corridor.

An image of the Arctic shows sea ice concentrations in 2025 were less than the 20-year average, and much less than the 20 years before then.
Arctic sea ice has been declining, with less multiyear ice and less coverage. The map shows the Arctic sea ice at its minimum extent in 2025, in September.
NOAA and CIRES/University of Colorado Boulder.

Critical minerals: Control over the seabed

The global transition to clean energy is driving demand for critical minerals, such as nickel, cobalt, manganese and rare earth elements, that are essential for everything from smartphones and batteries to fighter jets. Some of the world’s largest untapped deposits lie deep below the ocean’s surface, in places like the Clarion-Clipperton Zone near Hawaii in the Pacific. This has sparked interest from governments and corporations in sea floor mining.

Harvesting critical minerals from the seabed could help meet demand at a time when China controls much of the global critical mineral supply. But deep-sea ecosystems are poorly understood, and disruptions from mining would have unknown consequences for ocean health. Forty countries now support either a ban or a pause on deep sea mining until the risks are better understood.

These concerns sit alongside geopolitical tensions: Most deep-sea minerals lie in international waters, where competition over access and profits could become another front in global rivalry.

A map shows one area where companies are interested in mining.
A map of the Pacific Ocean between Mexico and Hawaii shows exploration targets for mining seafloor nodules that contain critical minerals in the Clarion-Clipperton Zone. National waters are shown in blue. The striped APEI squares are protected areas.
KA McQuaid, MJ Attrill, MR Clark, A Cobley, AG Glover, CR Smith and KL Howell, 2020, CC BY

The International Seabed Authority was created under the United Nations Convention on the Law of the Sea to manage seabed resources, but its efforts to establish binding mining rules have stalled. The U.S. never ratified the convention, and the Trump administration is now trying to fast-track its own permits to circumvent the international process and accelerate deep-sea mining in areas that are outside national jurisdictions.

Against this backdrop, a loose coalition of issue-focused groups and companies have joined national governments in calling for a pause on deep-sea mining. At the same time, some insurers have declined to insure deep-sea mining projects.

A visualization of deep-sea mining and the debris clouds created that could harm sea life.

Pressure from outside groups will not eliminate competition over seabed resources, but it can shape behavior by raising the costs of moving too quickly without carefully evaluating the risks. For example, Norway recently paused deep-sea mining licenses until 2029, while BMW, Volvo and Google have pledged not to purchase metals produced from deep-sea mines until environmental risks are better understood.

Overfishing: When competition outruns cooperation

Fishing fleets have been ranging farther and fishing longer in recent decades, leading to overfishing in many areas. For coastal communities, the result can crash fish stocks, threatening jobs in fishing and processing and degrading marine ecosystems, which makes coastal areas less attractive for tourism and recreation. When stocks decline, seafood prices also rise.

Unlike deep-sea mining or Arctic shipping, overfishing is prompting cooperation on many levels.

In 2025, a critical mass of countries ratified the High Seas Treaty, which sets out a legal framework for creating marine protected areas in international waters that could give species a chance to recover. Meanwhile, several countries have arrangements with their neighbors to manage fishing together.

For example, the European Union and U.K. are finalizing an agreement to set quotas for fleets operating in waters where fish stocks are shared. Likewise, Norway and Russia have established annual quotas for the Barents Sea to try to limit overfishing. These government-led efforts are reinforced by other forms of diplomacy that operate outside government.

Market-based initiatives like the Marine Stewardship Council certification set common sustainability standards for fishing companies to meet. Many major retailers look for that certification when making purchases. Websites like Global Fishing Watch monitor fishing activity in near real time, giving governments and advocacy groups data for action.

Collectively, these efforts make it harder for illegal fishing to hide.

How well countries are able to work together to update quotas, share data and enforce rules as warming oceans shift where fish stocks are found and demand continues to grow will determine whether overfishing can be stopped.

Looking Ahead

At a time when international cooperation is under strain, agreements between countries and pressure from companies, insurers and issue-focused groups are essential for ensuring a healthy ocean for the future.The Conversation

Jonas Gamso, Associate Professor and Deputy Dean of Knowledge Enterprise for the Thunderbird School of Global Management, Arizona State University and Hossain Ahmed Taufiq, Postdoctoral Fellow of Ocean Diplomacy and Leadership, Arizona State University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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