A federal judge ordered the Trump administration to stop airing taxpayer-funded television advertisements praising President Donald Trump on Oct. 11, but two of the ads continued running past the court's deadline, including during broadcasts of "60 Minutes" and "ABC World News Tonight." The commercials violated a decades-old congressional prohibition against using federal money for unauthorized publicity and propaganda. Republican congressional leaders took no action to stop the president's ad spending, leaving outside organizations and a political candidate to challenge the ads in federal court.
The episode reflects a broader pattern in Trump's second presidency. Across disputes involving federal spending, government agencies and military operations, the administration has asserted authority that is either restricted by law or that Congress has reserved for itself. But the responsibility for enforcing those limits increasingly falls to organizations, institutions and individuals outside the legislative branch rather than to Congress itself.
In July 2024, the Supreme Court provided presidents sweeping protection from criminal prosecution for actions taken in office under the "core constitutional powers" of the position in Trump v. United States. The court held that former presidents cannot be criminally prosecuted for actions taken under powers the Constitution gives exclusively to the president. The conservative majority also granted "at least presumptive immunity" for other official acts and extended the meaning of official conduct to the "outer perimeter" of presidential responsibilities.
The ruling addressed only criminal liability and did not curtail Congress' constitutional authority to investigate presidential conduct, control federal spending, enact statutory restrictions and pursue impeachment. Yet the Republican majority in Congress has largely declined to exercise these powers against Trump.
In September 2026, Trump's administration canceled more than $800 million in congressionally approved spending for immigrant services, climate change and civil rights for minority groups through a maneuver known as a pocket rescission. The Government Accountability Office said tactics like these violate federal law. When this happened, a few members of Congress tried to stop the rescission, but the Republican majority blocked their efforts.
Legal scholars have shown that political competition mostly now happens inside and between parties rather than among branches of government. When one party controls Congress and the presidency, legislators may become more invested in advancing their party's agenda than in defending their institution's constitutional authority. Trump's influence over Republican voters intensifies these incentives, as lawmakers who oppose him risk public ridicule, primary challenges and diminished political support.