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Trump Asserts a Muscular Vision of Presidential Power on First Day Back

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Trump Asserts a Muscular Vision of Presidential Power on First Day Back

After President Trump left the White House in 2021, critics of his norm-breaking use of executive power implored Congress to tighten legal limits on when presidents can unilaterally reshape American government with the stroke of a pen. But lawmakers largely did not act.

On Monday, as Mr. Trump took the oath of office to begin his second term, he asserted a muscular vision of presidential power. He not only revived some of the same expansive understandings of executive authority that were left unaddressed, but went even further with new claims of sweeping and inherent constitutional clout.

Among a blizzard of executive orders, Mr. Trump instructed prosecutors not to enforce a law that bans the popular social media app TikTok until its Chinese owner sells it. President Joseph R. Biden Jr. had signed the measure into law after it passed with broad bipartisan support, and the Supreme Court unanimously upheld it.

Whatever the law’s merits, the Constitution says presidents “shall take care that the laws be faithfully executed.” Mr. Trump offered no clear explanation for how he has any legitimate power to instead suspend the law, making only a vague gesture toward his “constitutional responsibility” for national security, foreign policy “and other vital executive functions.”

Unilateral actions like emergency declarations and executive orders cannot create new legal powers for a president. Instead, they are a vehicle by which presidents exercise legal authority they already have, either because the Constitution has bestowed it upon their office or because Congress passed a law creating it.

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That said, there are often disputes about the proper interpretation of the scope and limits of executive power. It is not uncommon for a president to use an executive order to take some action whose legal legitimacy is contested, leading to court fights that ultimately come before the Supreme Court.

It is not clear that anyone opposed to suspending the TikTok law would have standing to sue. But many of Mr. Trump’s moves concerned immigration law, making it very likely that legal challenges will follow and the legitimacy of his executive power claims will land before judges.

In several orders, Mr. Trump invoked his constitutional role as the military’s commander in chief, portraying migrants as invaders while blurring the line between immigration law enforcement and war powers.

“As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is exactly what I am going to do,” he said in his inaugural speech.

Among those orders, Mr. Trump declared that newly arriving migrants may not invoke a law allowing them to request asylum. As a basis, he said the Constitution gave him “inherent powers” to “prevent the physical entry of aliens involved in an invasion into the United States,” in addition to citing a few vague provisions of immigration laws.

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Another such order directed the U.S. Northern Command, which oversees military operations in continental North America, to swiftly draw up a plan for a “campaign” to seal the border “by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.”

Mr. Trump and his advisers have talked about invoking the Insurrection Act to use troops as additional immigration agents at the border. But the order referred only to his constitutional power as commander in chief, raising the possibility that he is envisioning using troops for a military operation rather than to act as law enforcement.

Some of the orders were a return to fights over executive power that surfaced during Mr. Trump’s first term.

On Monday, Mr. Trump reprised a move from 2019 by declaring a national emergency at the border. He also invoked a statute that allows presidents, during an emergency, to redirect military funds for construction projects related to the exigency. His purpose, in 2019 and again now, was to spend more taxpayer money on a border wall project than lawmakers authorized.

Is there really an emergency that an extended border wall would address, and that would justify circumventing Congress’s role in deciding where to direct taxpayer money?

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A wall does not address the main border problem in recent years: the overwhelming number of migrants requesting asylum, flooding the system and leading to lengthy backlogs for hearings. And over the past seven months, illegal crossings have plunged to the lowest levels since the summer of 2020, during the early phase of the coronavirus pandemic.

But facts matter little to whether or when it is legal for presidents to invoke emergency power, declarations that are governed by the National Emergencies Act of 1976.

That law does not tightly define the circumstances under which presidents may determine that an emergency exists, leaving them with essentially unfettered discretion to unlock exigent powers for themselves. But previous presidents adhered to norms of self-restraint.

In his first term, critics challenged the legal legitimacy of Mr. Trump’s border wall spending, but the Supreme Court never resolved the dispute before Mr. Biden took office and canceled the projects. So any new legal challenge would have to start from scratch.

In the wake of Mr. Trump’s first term, House Democrats in 2021 passed a bill that would have tightened limits on presidential use of emergency powers, part of a package of reforms they called the “Protecting Our Democracy Act.” But Republicans opposed the measure as a partisan attack on a president who was no longer in office anyway, rendering it dead on arrival in the Senate.

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Mr. Trump’s absence from the presidency, however, turned out to be temporary.

In the show of force upon his return to office, he also declared a national energy emergency so that, as he said in his inaugural speech, “we will drill, baby, drill.” No president has declared that type of emergency before, and it empowers him to suspend legal protections for the environment and to speed up permits for new oil and gas projects.

The nation’s energy situation hardly seems like an emergency: The United States is producing more oil than any country ever has, in no small part because of the fracking boom and because of thousands of new permits to drill on federal lands issued by the Biden administration — outpacing Mr. Trump’s first-term record. Prices for gasoline, natural gas and electricity are relatively low compared with their historical levels.

But the order said Mr. Trump had determined that Biden administration policies had “driven our nation into a national emergency, where a precariously inadequate and intermittent energy supply, and an increasingly unreliable grid, require swift and decisive action.” He also cited a growing need for electricity to run computer servers for artificial intelligence projects.

Elizabeth Goitein, a director of the Brennan Center for Justice’s Liberty and National Security Program who has written extensively on presidential emergency power, predicted that many of Mr. Trump’s planned actions would be challenged in court.

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“Emergency powers should never be used to address longstanding problems like unlawful migration that can and should be addressed through legislation,” said Ms. Goitein, who was among those calling on Congress to curb presidential power. “The bad news is that Congress failed to enact reforms to the National Emergencies Act that would have helped prevent such abuses.”

There is no dispute that Mr. Trump had legitimate authority to take other unilateral actions. The Constitution clearly gives presidents unfettered authority to grant pardons to people for federal criminal offenses or to commute their sentences, for example, so there is little doubt Mr. Trump had the power to grant clemency to all of the nearly 1,600 people charged or convicted of crimes in connection with the Capitol riot.

But Mr. Trump appeared to put forward novel or expansive interpretations of legal authorities in other ways.

He ordered his administration to make recommendations about whether to designate certain transnational gangs and drug cartels as “foreign terrorist organizations,” stretching a law that is intended for groups that use violence for geopolitical and ideological purposes to criminal groups that, while also violent, are motivated by profit.

He also set in motion the possibility of invoking the Alien Enemies Act of 1798 to summarily expel immigrants suspected of being members of drug cartels and transnational criminal gangs without full due process hearings. That law’s text seems to require a link to the actions of a foreign government, so it is not clear whether the courts will allow Mr. Trump to invoke it to deny deportation hearings to people.

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Mr. Trump is also seeking to change the basic understanding of a provision of the Constitution’s 14th Amendment that grants citizenship to most babies born on American soil and “subject to the jurisdiction” of the U.S. government. That provision has long been understood to include infants born to undocumented parents.

In an order, Mr. Trump invoked a theory developed by conservatives who want to curtail so-called birthright citizenship because they see it as a magnet for illegal immigration. By that rationale, the provision could be interpreted to not apply to babies whose parents are not American citizens or lawful permanent residents, even though visitors or undocumented people are subject to the jurisdiction of government prosecutors if they break the law.

Mr. Trump instructed agencies to refrain from issuing citizenship-affirming documents — like passports and Social Security cards — to infants born to undocumented immigrants or to parents lawfully but temporarily visiting the United States, starting with births 30 days from now.

Hours later, critics, including a coalition of Democratic-controlled states, brought multiple court challenges against it. Mr. Trump, the coalition asserted, sought to breach “this well-established and longstanding constitutional principle by executive fiat.”

It was yet another legal claim that seemed destined to come before the Supreme Court.

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Video: Will ICE Change Under Its New Leader?

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Video: Will ICE Change Under Its New Leader?
Markwayne Mullin, the new homeland security secretary, has promised a different approach, but how much change is likely? Our reporter Hamed Aleaziz describes what we know.

By Hamed Aleaziz, Sutton Raphael, Thomas Vollkommer, Gilad Thaler, Whitney Shefte and Alexandra Ostasiewicz

March 27, 2026

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A surprise resignation could open the door for an independent to win a Montana Senate seat

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A surprise resignation could open the door for an independent to win a Montana Senate seat

Seth Bodnar, the former president of the University of Montana, is now running for Senate as an independent

Kirk Siegler/NPR


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BUTTE, Mont. – It’s long been an adage in Montana politics that if you’re running for office, you’d better have a float in the Butte St. Paddy’s Day Parade, which draws thousands to the mining city’s historic uptown, soaking up the nostalgia – and the Guiness. 

Here, you’re just steps from the towering old mining headframes and the one mile long and half mile wide Berkeley Pit. Now shuttered, it was  once one of the world’s largest copper deposits. 

Larry Carden, in a Notre Dame sweatshirt, never misses the parade.

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“You’ll see a lot more boos for the Republicans than you will the Democrats, I can guarantee you that,” he says. 

That’s a nod to Butte’s long history of Democratic politics and a strong labor movement going back to around 1900, when the “Copper King” mine owners ruled Montana business and media, and bribed their way into political office. Today, Carden, who’s retired, is worried that the mega rich are again influencing politics here, and how expensive life is in his home state.

“Between health care and gas and food, and you go to the store the other day, there’s rib steaks $19.99 a pound, you know,” Carden says.  

A political group marches in the St. Patrick's Day parade in Butte, Montana, March 17 2026

A political group marches in the St. Patrick’s Day parade in Butte, Montana, March 17 2026

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This year’s parade followed an unusually turbulent few days in Montana’s political scene – half of its congressional delegation abruptly retired. Despite the state’s recent tilt from purple to deep red, the races for their seats could be more in play now because of the way Senator Steve Daines and Congressman Ryan Zinke, both Republicans, gave up them up and chose their successors. In Daines’ case, he withdrew his candidacy just minutes before the filing deadline. 

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Like a lot of people in Butte, Carden is a longtime Democrat. But he says he’s grown disillusioned with party politics.

“I would rather everything be independent where there is no party designation and then you have to pay more attention to who the person actually is,” Carden says.   

New Candidate opts to go independent

That’s exactly what Seth Bodnar, a former Green Beret running for U.S. Senate, is trying to capitalize on. He joined other candidates mixed in with Irish dancing troupes and fire department floats, as he walked the parade route along Park Street shaking the occasional hand and tossing candy. 

In an interview with NPR earlier in Missoula, Bodnar, who recently resigned his post as University of Montana president, pitched what he says would be his bi-partisan appeal.

“I’m an independent,” Bondar says. “When I raised my right hand at the age of 18 and I swore an oath to this Constitution when I joined the military, not to a political party.”.

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Person over party used to be the playbook in Montana, which some call just one long Main Street. It’s how former Senator Jon Tester used to win despite being a Democrat as the state got redder.

The day after Bodnar formally announced he was gathering signatures to get on the ballot, his long shot bid got taken a lot more seriously. 

Sen. Steve Daines, who was elected to the Senate in 2014, sent shockwaves through the state’s political scene when he announced in a video posted to X that he’d decided not to seek reelection.  

Sen. Steve Daines, R-Mont., speaks at the Senate Finance Committee confirmation hearing for Scott Bessent, President-elect Donald Trump's choice to be Secretary of the Treasury, at the Capitol in Washington, Thursday, Jan. 16, 2025.

Sen. Steve Daines, R-Mont., speaks at the Senate Finance Committee confirmation hearing for Scott Bessent, President-elect Donald Trump’s choice to be Secretary of the Treasury, at the Capitol in Washington, Thursday, Jan. 16, 2025.

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“I’m also very thankful to have served alongside President Trump and my colleagues in the Senate,” Daines said in the video. “Together we built a conservative majority on the Supreme Court, we delivered the largest tax cut in U.S. history, we unleashed American energy dominance and secured our southern border.” 
 
Daines’ late hour withdrawal presumably clears the way for his chosen successor, Kurt Alme, the U.S. Attorney for Montana until he declared his candidacy for Daines’ seat. Daines later said withdrawing earlier could have enticed a prominent Democrat like Tester to enter the race. 

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Independent Seth Bodnar says it reminds him of the Montana of old. 

“We have direct election of senators in the United States in part because of political corruption in this state 125 years ago, Copper Kings trying to buy U.S. Senate seats,” Bodnar says. “That didn’t work back then and it’s not going to work right now.”

But Democrats say Bodnar’s entry as an independent will just split the liberal vote. 

The GOP base is angry too

“Montanans are getting very indignant about what they see as out and out dishonesty,” says Roger Koopman, a former Republican legislator and Montana Public Service commissioner from Bozeman.  

Koopman says the party establishment’s backroom dealing is a gift to Democrats and especially Seth Bodnar, who he says is a liberal running as an independent.

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“They’re going to say, ‘hey, I’m over these Republicans playing games with me, you can’t do that and expect me to vote for you, I’m not going to vote Democrat, but here’s this guy out here who says he’s independent, let me give him a try,’” Koopman says. 

Alme has been keeping a low profile. Political pundits say that might be by design. A campaign spokesperson sent NPR this statement: “Anyone could run for this seat. Kurt is running on his record as the Trump-endorsed candidate of common sense who knows how to be tough on violent crime, dismantle drug cartels, and deliver historic tax relief. Voters will decide, and Kurt is confident in his work serving Montana and helping President Trump put America First.”

At Montana State University, political science department chair Eric Austin says he expects party tensions will cool and Republicans will rally around their nominee by November. 

“I think in part that speaks to the changes in the electorate in the state,” Austin says. “As the state has become more red, people have more strongly affiliated themselves with the Republican Party and less as independents.” 

However, Austin says the midterms will be a referendum on President Trump and there’s growing economic anxiety in Montana. Farmers are getting hurt by Trump’s tariffs. His Iran War has sent fertilizer prices soaring, raised interest rates and the cost of gas. 

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Back in Butte, at the St. Paddy’s Day parade, longtime Democratic activist Evan Barrett says there’s a resurgence in populist resentment in Montana. 

Longtime Montana Democratic party activist Evan Barrett at the St. Patrick's Day parade in Butte, Montana, March 17 2026

Longtime Montana Democratic party activist Evan Barrett at the St. Patrick’s Day parade in Butte, Montana, March 17 2026

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“It’s almost like a repetition of the past,” says Barrett, a one time economic aide to former Governor Brian Schweitzer.  

Ducking into an old storefront to take a break from the spectacle of the parade, Barrett told NPR there’s a feeling in the electorate that a lot of outside money is coming into influence politics, but not staying in Montana and being invested into things like schools. 

“So this is a really wild and different year,” Barrett says. “Anybody that tells you they know what’s gonna happen, well, be a bit skeptical.” 

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President Trump has endorsed last minute Senate candidate Kurt Alme but it’s not clear what kind of effect that might have on voters in November. 

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Video: Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom

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Video: Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom

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Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom

Savannah Guthrie spoke on the “Today” show in her first interview since her mother, Nancy Guthrie, was abducted from her home near Tuscon, Ariz.

“The ransom note, notes for ransom requests came. Did you believe those to be real?” “The two notes that we received that we responded to — I tend to believe those are real.” “Really?” “We still don’t know. Honestly, we don’t know anything. We don’t know anything. So I don’t know that it’s because she’s my mom. But yeah, that’s probably — which is too much to bear to think that I brought this to her bedside, that it’s because of me. And I just say, I’m so sorry, Mommy. I’m so sorry. We need answers. We cannot be at peace without knowing. And someone can do the right thing. And it is never too late to do the right thing.”

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Savannah Guthrie spoke on the “Today” show in her first interview since her mother, Nancy Guthrie, was abducted from her home near Tuscon, Ariz.

By Christina Kelso

March 26, 2026

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