Abdelkrim Dekhakhena


Prompted by populist rhetoric Donald Trump has spent his time in office trying to bend the conventions of the American presidency to his will. Since taking office, he has repeatedly taken unilateral actions to defy Congress and push the limits of his own power. Now he appears to be trying to override a core principle of democracy: that no one is above the law. Faced with an impeachment inquiry, Trump has openly defied the core constructs of the Constitution. President Donald Trump is incensed by the idea of co-equal branches of government and rejects the House’s right to investigate him. The main aim of this paper is to find out the extent of constitutional limits put on the Executive and the validity of the system of check and balance and to what extent executive privilege would save Trump. Thus, this paper reveals that regardless of the result of the impeachment process, it is critical that those on both sides of the political spectrum work to assure that the growth in presidential power is at least checked, if not reversed.


Impeachment, Congress, US President; Constitution; Check and Balance; political parties

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“Annotated Constitution Article II”. Legal Information Institute. Cornell University Law School.

“Articles of impeachment against President Trump” (10 Dec. 2019). CNN. Retrieved from

“Democrats Accuse Trump of Criminal Bribery, Wire Fraud in Report that Explains Articles of Impeachment” (16 Dec. 2019). The Washington Post.

“Democrats Unveil Two Articles of Impeachment against Trump” (10 Dec. 2019). FT. Retrieved from;

“House Democrats Announce Two Articles of Impeachment” (10 Dec. 2019). WSJ. Retrieved from

“Presidential Impeachment in the United States: A Brief History” (10 Dec. 2019). History Extra. Retrieved from

“Read Articles of Impeachment: Trump Is ‘A Threat’ To the Constitution” (10 Dec. 2019). Los Angeles Times. Retrieved from

“The Modern Presidency: Tools of Power” (2017). Annenberg Learner, Annenberg Foundation. Retrieved from

“Trump Impeachment: House Votes to Formalise Inquiry” (31 Oct. 2019). BBC News. “Trump Publicly Urges China to Investigate the Bidens” (3 Oct. 2019). New York Times. Retrieved from

“Trump Steps Up Calls for Investigation Into Origin of Russia Investigation”. (23 May 2019). KTLA. Associated Press.

“White House ‘Tried to Cover up Details of Trump-Ukraine Call’” (26 September 2019). BBC News.

Ginsberg, B. (2016). The Growth of Presidential Power. Yale University Press.

Neustadt, R. E. (1960). Presidential Power: The Politics of Leadership. John Wiley & Sons, Inc.

Schlesinger, A. Jnr (1973). The Imperial Presidency. Houghton Mifflin.

Greene, Abner S. (1994) “Checks and Balances in an Era of Presidential Lawmaking,” University of Chicago Law Review: 61(1), 123-196.

Ballhaus, Rebecca, Andrew Restuccia and Siobhan Hughes, (September 24, 2019). “Trump Put Hold on Military Aid Ahead of Phone Call with Ukraine’s President”. The Wall Street Journal.

Barnes, Tom (18 Jan. 2019). “Trump Told to ‘Resign or Be Impeached’ if Reports he Instructed Attorney Cohen to Lie to Congress Are Proven". The Independent.

Lenhart , Ben (1 Sept. 2017). “The Peoples Constitution: Presidential Power and Its Limits”. LoudounNow. Retrieved from

Bennett, John T. (September 25, 2019). “White House Threatens To Shut Down Legislative Process During Impeachment Inquiry”. Roll Call.

Bromund, T. R. (8 May 2017). “Trump and the Limits of Presidential Power”. Commentary. Retrieved from

Cox, Archibald. “Executive Privilege”. University of Pennsylvania Law Review, Volume 122, page 1384 (1974).

DeBonis, Mike (December 6, 2017). “House Votes to Kill Texas Lawmaker’s Trump Impeachment Effort”. The Washington Post.

Fandos, Nicholas (March 4, 2019). “With Sweeping Document Request, Democrats Launch Broad Trump Corruption Inquiry”. The New York Times. ISSN 0362-4331

Federalist Papers No. 51 (2020). Bill of Rights Institute. Retrieved from

Feldman, Noah (20 Dec. 2019). “Trump Isn’t Impeached Until the House Tells the Senate”. Bloomberg,.

Flaherty, M. S. (1996) “The Most Dangerous Branch”. Yale Law Journal, 105: 1725–839.

Frazin, Rachel (20 Dec.2019). “White House Considers Arguing that Trump wasn’t Impeached,” The Hill, accessed on 26/12/2019.

Gold, Matea (January 20, 2017). “The Campaign to Impeach President Trump has Begun”. The Washington Post.

Gypson, Katherine (December 11, 2019). “Why Abuse of Power Is an Impeachable Offense”. VOA. Retrieved from

Lemire, Jonathan (October 11, 2019). “Analysis: Impeachment Fight Tests Constitution’s Limits”. APNEWS. Retrieved from 56073f453695dfad84e71a928f

Lee, Jasmine C., Annie Daniel, Rebecca Lieberman, Blacki Migliozzi, and Alexander Burns (June 14, 2019). “Which Democrats Are Leading the 2020 Presidential Race?”. The New York Times.

Leopold, Jason and Anthony Cormier. (January 17, 2019). “President Trump Directed His Attorney Michael Cohen To Lie To Congress About The Moscow Tower Project”. Buzzfeed News. Retrieved from

Marshall, William P. (2008). “Eleven Reasons Why Presidential Power Inevitably Expands and Why It Matters”. 88 Boston University Law Review 505 (2008). Retrieved from https://Www.Ssrn.Com/Abstract=2649959

Lesko, Debbie (Dec 18, 2019). Twitter. Retrieved from

McPherson, Lindsey (June 12, 2017). “Democratic Rep. Sherman Drafts Article of Impeachment against Trump”. Roll Call.

Pilkington, Ed (September 30, 2019). “Donald Trump has Put Whistleblower in Danger, Lawyers Say”. The Guardian.

Revesz, Rachael (January 20, 2017). “Website Aiming To Impeach Donald Trump So Popular It Crashed”. The Independent. Archived from the original on October 8, 2019.

Shear, Michael D. and Peter Baker (December 19, 2019). “Trump Impeachment Vote Live Updates: House Votes to Impeach Trump for Abuse of Power”. The New York Times.

Shmoop Editorial Team. (2008, November 11). “Growth of Presidential Power.” Retrieved December 12, 2019.

Siegel, Benjamin and Katherine Faulders (December 13, 2019). “House Judiciary Committee Passes Articles of Impeachment against President Trump”. ABC News. Retrieved December 13, 2019.

Singman, Brooke (June 7, 2017). “Reps. Green and Sherman Announce Plan to File Articles of Impeachment”. Fox News.

Stanley-Becker, Isaac and Tony Romm (September 27, 2019). “Trump Campaign Launches Anti-Impeachment Blitz on Facebook, Targeting four Minority Congresswomen”. The Washington Post.

Taylor, Jeremy (September, 2017). “Comparing the US and UK Constitutions”. Politics Review, 27 (1).

Tracy, Ben and Grace Segers, “White House Considers Arguing that Trump wasn’t Impeached,” CBS News, 21/12/ 2019, accessed on 26/12/2019.

Wagner, Meg (December 10, 2019). “Live updates: Articles of impeachment against Trump unveiled—CNNPolitics”. CNN. Retrieved December 10, 2019.

Werner, Erica and Mike DeBonis (November 7, 2018). “Democrats Take House, Breaking Up GOP’s Total Control of Government”. The Washington Post. ISSN 0190-8286.

U.S. House Committee on the Judiciary (December 16, 2019). Press Releases, Washington. Retrieved from


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