From threats to pursue his “enemies” to an apparent commitment to cementing plutocracy in America, Donald Trump’s second term will again test the resilience of the US constitutional order. And this time, he has not only full control of Congress, but also a Supreme Court ruling guaranteeing his immunity from criminal prosecution for official acts while in office.

On the eve of Trump’s inauguration, we asked Daron Acemoglu, Bruce Ackerman, Aziz Huq, Alison L. LaCroix, and Richard K. Sherwin whether there are any institutional checks that can restrain his worst impulses – and if they can survive the next four years.

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Aziz Huq

For those searching for guardrails for Trump’s second administration, it is well worth remembering how we got here. Among the many reasons for America’s rightward swing in the November 2024 election is the fact that neither of the serious federal criminal cases filed against Trump for grave abuse of power came to a hearing, let alone judgment. Both cases were derailed by federal judges – a district court judge in one case, and six Supreme Court justices in the other – who dragged their feet to delay the case, and then issued rulings shielding Trump from liability.

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Alison L. LaCroix

With the Republican Party effectively controlling all three branches of the federal government, our best hope for an institutional check on Trump’s lawless impulses may well lie with 50 unruly actors: the states. America’s unique version of federalism – sometimes decried as dysfunctional or outmoded – now may serve a valuable purpose: adding necessary friction to the federal machine. In fact, slowing down the federal government – especially when it is dominated by one party – may well be the point of American federalism.

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