Donald Trump faces mounting institutional resistance as the United States constitutional system of checks and balances holds firm more than 600 days into his second presidential term, according to Barry C. Lynn, founder of the Open Markets Institute. While the executive branch has strengthened its grip on power, federal courts, the Federal Reserve, and growing cross-partisan anger over corporate monopolies continue to block autocratic overreach.
Constitutional Checks and Balances Hold Against Executive Overreach
The U.S. Constitution and its established oversight mechanisms are successfully containing efforts by the administration to expand presidential authority. Federal courts have repeatedly struck down executive actions, while the Federal Reserve has maintained its institutional independence. Lynn points out that the Supreme Court invalidated presidential tariff actions and blocked attempts to remove a Federal Reserve governor, proving that structural safeguards remain functional within domestic governance.
However, significant vulnerabilities persist within foreign policy and military command structures. The modern presidency wields an imperial level of influence over international affairs—a legacy of post-1945 political practice that operates largely free from rigorous ethical or legal constraints. Lynn notes that Trump himself highlighted this disparity after courts blocked his trade policies, remarking that he could «distruggere un Paese» but not make it pay a single dollar in tariffs.
Antitrust Enforcement and the Rise of a New Anti-Oligarchy Movement
Beyond institutional friction in Washington, a broader political movement is taking shape to challenge corporate concentration and billionaire influence. Driven by widespread public frustration with oligarchy, both Democrats and Republicans are increasingly coalescing around aggressive antitrust policies. This populist energy mirrors the legal philosophy of Louis Brandeis, a judge of the Supreme Court, who is attributed with the phrase that a nation can have democracy, or wealth concentrated in the hands of a few, but not both.
Legal tools from the pre-neoliberal era are being revived to rein in corporate dominance. Landmark antitrust litigation has already yielded major legal milestones, including two rulings finding Google in violation of antitrust laws regarding online search and advertising markets. Similar scrutiny applies to major technology platforms and agricultural supply chains where a handful of suppliers and buyers dictate pricing for farmers.
The Threat of Information Monopolies to Democratic Institutions
Control over digital infrastructure and communication flows presents a danger to public discourse across democratic nations. Unlike traditional postal networks, telegraphs, and broadcast media, modern internet applications lack the same rules designed to prevent information manipulation. Platforms controlled by executives—including Meta, X, and Google—wield influence over public debate, voter behavior, and access to news.
Lynn warns that these communication channels are utilized to destabilize democratic governance by promoting the radical right and sometimes the radical left, while undermining the legitimacy of moderates and those seeking constructive compromise. Because citizens rely on channels funded and controlled by third parties, losing control over the information diet erodes a society’s capacity to enact meaningful political change.
Transatlantic Solidarity in Defending Democratic Norms
Defending democratic institutions requires cooperation between the United States and European allies. Recent political shifts in Europe—highlighted by the victory of the AfD in Saxony-Anhalt, which was welcomed by Donald Trump and Elon Musk, and visits by J.D. Vance—demonstrate an American offensive in favor of a change of regime.
Despite these external pressures, civil society organizations, regulatory authorities, and academics on both sides of the Atlantic are organizing counter-strategies. A first conference held in Paris underscored a shared commitment among European and American reformers to combat the risks that the concentration of economic powers poses to democracy and to protect it from the combined influence of tech giants and Donald Trump.
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