← Tracker

Change the rules

The Last Safeguard Is the Voters' Right to Remove Them

Citizenship, elections, term limits, and Congress's power of the purse are all being tested as limits on executive control.

9
Documented actions

When the Supreme Court rejected Trump's attempt to narrow birthright citizenship, the effort changed form instead of ending. The next day DOJ announced a campaign against "birth tourism." Five weeks later, two executive orders directed agencies to deny citizenship documents to listed categories of U.S.-born children and to deny visas to people believed to be entering the country to give birth. A constitutional loss produced a prosecution strategy and new paperwork barriers.

The issue is who belongs to the political community—and who will eventually count as a voter. The Fourteenth Amendment and more than a century of law establish citizenship at birth. The successor orders try to make proof of that citizenship depend on categories written by the executive, including a list expressly declared incomplete. A child can possess a constitutional right and still grow up unable to get the document that makes the right usable.

Executive control has also reached an election already underway. In April 2026, Louisiana Governor Jeff Landry suspended the state's House primaries after absentee ballots had been mailed and roughly 42,000 people had voted. A draft order circulating among Trump allies had separately argued that a national emergency could give the president control over voting mechanisms in the midterms; Trump denied considering it. The draft was hypothetical. Louisiana demonstrated the mechanism: an executive can attempt to stop a scheduled election after voting starts.

Trump has publicly tested the other boundary that decides whether voters can remove him. He said he was "not joking" about a third term and that there were "methods" to obtain one, then declined to confirm that he would leave office in January 2029. His aides have described the Democratic Party in the language of extremist organizations, though no party has been banned or prosecuted as such. These are statements and warning signs, not completed acts.

Congressional refusal has proved negotiable too. After Congress denied money for the White House ballroom, the administration redirected $352 million designated for Secret Service purposes toward the project. Republican Senator Thom Tillis said the transfer appeared to be another way to fund what Congress had rejected. The constitutional question is larger than a ballroom: whether the executive may simply move public money after elected representatives say no.

Most of the lock-in end state has not happened. No federal election has been canceled, no party outlawed and no permanent emergency established. But an election was suspended with ballots cast, citizenship boundaries were pursued after a Supreme Court loss, a third term was described as possible and rejected spending moved anyway. The cost if those pieces harden is the only safeguard that can repair all the others: voters' ability to change who governs them.

Receipts

Trump withholds nearly $1 billion Congress appropriated, using a pocket rescission Sep 25, 2026
The White House announced on the evening of Friday, September 25, 2026 that Trump is blocking nearly $1 billion appropriated for refugee services, migrant-student education, housing counseling, minority business development and a Justice Department office that works on racial tensions.
HHS's family-services arm turns the citizenship order into a benefits eligibility test Sep 4, 2026
The Administration for Children and Families issued public guidance implementing Executive Order 14418, under which a child born after the order takes effect whose only evidence of citizenship is a birth certificate must produce a qualifying parent document, attested in an eligibility attestation, before the agency will verify citizenship for federal public benefits.
Office of Legal Counsel concludes executive privilege can cover the President's private advisers Aug 10, 2026
The Justice Department's Office of Legal Counsel issued a formal opinion for the Counsel to the President concluding that executive privilege can cover the President's communications with advisers outside the Executive Branch.
A successor order narrows birthright citizenship by categories Aug 6, 2026
Trump signs Executive Order 14418, directing that no federal agency issue documents recognizing United States citizenship—or accept state or local documents recognizing it—for enumerated categories of U.S.-born children the order places outside the Supreme Court's birthright-citizenship rule, including children of designated “alien enemies.”
The administration moves $352m of Secret Service money to the White House ballroom Jun 12, 2026
The Trump administration redirected $352m in federal funds designated for the Secret Service toward the White House ballroom project, placing about $340.8m into an account labelled 'Procurement, Construction, and Improvements' and a further $10.75m into an account labelled 'Operations and Support' on 12 June 2026.
Landry suspends Louisiana's congressional primaries mid-election Apr 30, 2026
Louisiana Governor Jeff Landry signed an executive order suspending the state's U.S. House primary elections, after absentee ballots had already been mailed and roughly 42,000 voters had cast ballots.
Officials brand the opposition an ‘extremist organization’ Aug 25, 2025
Senior officials cast the opposition itself as illegitimate: deputy chief of staff Stephen Miller called the Democratic Party “a domestic, extremist organization” on Fox News (Aug. 25, 2025), and Trump branded Democrats “hard core, godless Communists” in a Truth Social post he repeated in remarks to social conservatives (June 26, 2026).
Draft order floats emergency control over how midterm ballots are counted Jul 1, 2025
A 17-page draft executive order circulating among Trump allies hypothesizes that, by declaring a national emergency, the president could take control over some voting mechanisms for the 2026 midterms — specifically requiring hand-counted ballots and voter identification at the polls. Trump publicly denied considering it.
Trump says he is “not joking” about a third term Mar 30, 2025
Trump says he is “not joking” about seeking a third term—telling NBC News there are “methods” by which he could serve a third time—and the same day declined to confirm to reporters aboard Air Force One that he will leave office when his second term ends in January 2029.