Opinion: We Need Guardrails

As a long-time resident of Colorado, I appreciate guardrails.

Let me give you an example.

When I drive from Denver to Winter Park, Granby and Steamboat Springs, Colorado, I need to go over Berthoud Pass on U.S. 40. I rely on guardrails on the eastern approach to Berthoud to protect against situations like a flat tire, driving when exhausted, or even an avalanche — all of which could plunge me hundreds of feet to the valley floor without that barrier.

The Oxford English Dictionary defines “guardrail” as “a bar along the edge of something steep, such as stairs or a cliff, to prevent people from falling off.” But the term is also used metaphorically to refer to regulations or frameworks designed to ensure ethical conduct and prevent abuses of power.

Vice President Harris warned voters in 2024 that Donald Trump, if re-elected as president, would not have any effective guardrails. That prediction was accurate. In his first 16 months of this second term, Trump has operated without most of the institutional guardrails that have constrained his predecessors.

Trump populated his cabinet and his top-level advisors in his first term with those who had deep knowledge of the perils of acting thoughtlessly. This time, his primary criterion has been their loyalty to Trump. Cabinet meetings have become parodies, with person after person praising him, discussing the supposed wisdom of his decisions, competing with each other for his approval. The result, unsurprisingly, is that no one in the Executive Branch, with the exception of Fed. Chair Jerome Powell, is willing to second-guess his decisions.

The Congress has abdicated its institutional role as a co-equal branch of government. Senate and House Republicans have voted against five different War Powers resolutions against the increasingly unpopular war against Iran. Even Republicans who oppose endless wars have been quieted by the threat of primary election challenges.

Overall, the federal courts have been less deferential to Trump. The Supreme Court has used its shadow docket to grant Trump a series of stays in decisions concerning immigration and other matters.

But, Trump has had less success getting unfriendly countries to bend to his wishes. Iran, in particular, has fought Trump to a standstill in his war against that country, blocking the Strait of Hormuz until the U.S. lifts its blockade of Iranian ports. It has refused to meet with American envoys as long as the American blockade continues. “Since the Iranians are obviously negotiating very skillfully – or simply not negotiating,” German Chancellor Merz said, “a whole nation is being humiliated by the Iranian leadership.”

Trump has said that he doesn’t “need international law” and that his power is constrained by his “own morality.” That’s like relying on the sobriety of an alcoholic to keep that person from plunging hundreds of feet to his death from the Berthoud Pass road.

No president in American history, with the possible exception of Richard Nixon, has needed guardrails. Other presidents, even those who have made major changes to the federal government, have operated mostly within the law.

FDR, for example, got his programs adopted by Congress and appealed directly to the American people in support of his programs. When he made controversial proposals, such as to increase the number of Supreme Court justices after that court had ruled against New Deal programs, he tried to do that by legislation and retreated in the face of public opposition. Abraham Lincoln populated his cabinet with political rivals. Other presidents have filled their cabinets with powerful people with strong agendas, such as Alexander Hamilton, Frances Perkins and Henry Kissinger. No president other than Trump has needed or tolerated the level of pure sycophancy shown by Trump’s band of yes- people.

The ultimate guardrail, however, is the people.

People across the country have rebelled against ICE’s militarized, aggressive, and lawless war against immigrants. Millions have participated in No Kings rallies. Trump’s tariffs have delivered higher prices while manufacturing jobs continue to disappear. Public opinion polls show that voters have turned against Trump because of economic woes, increased inflation, and the war against Iran.

The ultimate check and balance in our constitutional order is the voter. If control of the House and/or the Senate passes the Democrats this November, the Congress will be able to perform its traditional role of guarding against autocratic power by the Executive Branch.

There are many ways in which a Democratic-controlled Congress can exercise that power. It almost certainly will launch investigations into the rampant corruption of the Trump administration and into the myriad and often illegal ways it has operated. It can use the power of the purse to reinstate agencies that have been abolished or gutted, such as U.S. AID and the Department of Education.

We need to do everything we can to get the people to restore the institutional guardrails that have been missed during the second Trump term. And, if a blue tsunami appears in six months, the Democrats will need to deliver.

It is not too much of an exaggeration to say that American democracy and the future of the world are on the line.

Written By Barry Roseman, SU4W Board Member