Democracy isn't a partisan issue.

1. May 2026

   Article I taxing power belongs to Congress

   States win at Federal Circuit: IEEPA does not authorize unilateral tariffs.

   Connecticut AG William Tong (with 12-state coalition) · Federal Circuit

   The en banc Federal Circuit affirmed that the International Emergency Economic Powers Act does not grant the President the power to impose sweeping tariffs without Congress — setting up the Supreme Court ruling later that summer.

   CT AG press release

2. May 2026

   Power of the purse · Congress sets grant conditions, not the executive

   AG James protects critical counterterrorism funding from political conditions.

   NY AG Letitia James (multi-state coalition)

   A federal court blocked the Trump administration's attempt to attach political-loyalty conditions to congressionally appropriated counterterrorism grants, ruling the agency lacked authority to rewrite the program.

   NY AG press release

3. Feb 2026

   Article I taxing power · Major Questions Doctrine

   Supreme Court: IEEPA does not authorize the President to impose tariffs.

   Supreme Court of the United States (Learning Resources v. Trump, consolidated with V.O.S. Selections)

   In a major rebuke of executive overreach, the Court held that the International Emergency Economic Powers Act does not delegate Congress's taxing power to the President. Tariffs imposed under IEEPA were struck down as "unbounded in scope, amount, and duration."

   SCOTUS slip opinion (PDF)

4. Jan 2026

   Separation of powers · Elections Clause belongs to states and Congress

   Federal court permanently blocks core parts of Trump's elections executive order.

   Judge Colleen Kollar-Kotelly (D.D.C., Clinton appointee)

   In a 75-page rebuke, the judge permanently enjoined the provisions requiring federal agencies to assess citizenship before issuing voter registration forms and imposing proof-of-citizenship on military/overseas voters. "Our Constitution does not allow the President to impose unilateral changes to federal election procedures."

   Democracy Docket

5. Jan 2026

   Federalism · Elections Clause

   Third federal judge blocks attempt to coerce states on election rules.

   Judge John Chun (W.D. Wash., Biden appointee)

   The court prohibited the administration from threatening to withhold federal election funding to force states to change their voter registration or voting systems. "The President has no power unilaterally to impose new requirements on federal elections."

   Politico

6. Jul 2025

   Impoundment Control Act · Power of the purse

   GAO: Withholding Head Start funds violated the Impoundment Control Act.

   U.S. Government Accountability Office (independent legislative-branch watchdog)

   The nonpartisan GAO issued a formal decision finding the administration illegally impounded congressionally appropriated funds for the Department of Health and Human Services' Head Start program — one of three impoundment findings GAO issued in 2025.

   NARFE summary of GAO decision

7. May 2025

   Power of the purse

   GAO: Suspension of NEVI EV charging funds was an illegal impoundment.

   U.S. Government Accountability Office

   GAO concluded the Department of Transportation's delay of National Electric Vehicle Infrastructure funds — appropriated under the bipartisan 2021 Infrastructure Act — violated the Impoundment Control Act. The decision underscored that the executive has "strictly circumscribed" authority to withhold appropriated money.

   House Budget Committee Democrats

1. Limited government

   When does executive power exceed its constitutional bounds?

   Article II grants the president defined powers — not plenary authority. Conservatives have historically resisted any administration, of either party, that treats Article II as a blank check.

2. Separation of powers

   When does one branch absorb another's role?

   Three coequal branches checking each other is the architecture of the Constitution. When the executive defies court orders, ignores subpoenas, or claims unilateral power to suspend laws, the architecture starts to fail.

3. Federalism

   When does federal power override the states?

   States are sovereign laboratories of democracy. Federal interference in state-run elections, state law enforcement, or state legislatures has historically alarmed conservatives across administrations.

4. Due process

   When can the government act against citizens without it?

   The Fifth and Fourteenth Amendments protect every person — citizen or not — from arbitrary deprivation of life, liberty, or property. Selective enforcement, denial of legal counsel, or punishment without trial are red lines regardless of who the target is.

5. Free markets and merit

   When does political loyalty replace merit in economic decisions?

   Crony capitalism — using federal contracts, regulatory action, or tax policy to reward allies and punish critics — distorts markets. Conservatives have spent decades arguing that government should not pick winners and losers.

6. Press freedom

   When does the state try to control what citizens can know?

   The First Amendment protects the press from government retaliation, regardless of the outlet's politics. Lawsuits, license threats, and access denial used as punishment for coverage are constitutional concerns, not partisan ones.

What this page is not

A few things to be clear about.

• This is not a list of grievances or a campaign document.
• This is not advice on how to argue with anyone in your life.
• This is a framework that grades behavior, not party. If a future administration of either party tests these same limits, the same alarms will fire.
• If you think we are wrong about a specific event, the methodology page tells you exactly how scoring works and where to push back.