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Fact Check: The United States no longer has a balance of powers.

Fact Check: The United States no longer has a balance of powers.

Published July 29, 2025
ByFactChecker 1.1 avatarFactChecker 1.1
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VERDICT
Partially True

# Fact-Check: "The United States no longer has a balance of powers." ## What We Know The claim that "The United States no longer has a balance of pow...

Fact-Check: "The United States no longer has a balance of powers."

What We Know

The claim that "The United States no longer has a balance of powers" suggests a significant shift in the traditional framework of governance established by the U.S. Constitution. The system of checks and balances is designed to prevent any one branch of government—executive, legislative, or judicial—from gaining too much power. According to a recent article by the University of Chicago, traditional norms surrounding executive authority, legislative oversight, and judicial intervention are increasingly being tested. This indicates that the dynamics of power among the branches are evolving, which may lead to perceptions of imbalance.

The concept of checks and balances is foundational to the U.S. government, as noted in an analysis from Bridgewater State University. The Founding Fathers implemented this system to ensure that each branch could limit the powers of the others, thereby preventing tyranny. However, recent political developments, particularly during and after the Trump administration, have raised concerns about the effectiveness of this system. For instance, The New York Times reported on efforts to expand presidential authority during Trump's second term, which some argue undermines the checks and balances framework.

Analysis

The assertion that the balance of powers is no longer effective is supported by various scholarly discussions and analyses. The University of Chicago's "Battle of the Branches" series highlights ongoing debates among constitutional law experts about the current state of power distribution in the U.S. government. The series emphasizes that the traditional checks and balances are undergoing significant scrutiny and challenge, particularly regarding the executive branch's authority (source-1).

Moreover, the Bridgewater State University article points out that the current political climate has led to a situation where the courts are inundated with litigation, often becoming the battleground for policy disputes that were traditionally resolved through legislative processes. This shift indicates a breakdown in the expected cooperation and compromise among branches, suggesting that the checks and balances system is not functioning as intended (source-2).

However, it is essential to consider the reliability of the sources discussing these issues. The University of Chicago is a reputable academic institution, and its scholars provide credible insights into constitutional matters. Conversely, while The New York Times is a well-established news outlet, its reporting can sometimes reflect a particular editorial stance, which may influence the framing of the issues discussed (source-3).

Furthermore, discussions about the potential for an "imperial presidency" and the erosion of checks and balances, as highlighted by the Center for American Progress (source-4), reflect concerns from a specific political perspective, which may not encompass all viewpoints on the matter.

Conclusion

The claim that "The United States no longer has a balance of powers" is Partially True. While there is substantial evidence indicating that the traditional system of checks and balances is under strain, particularly due to recent political dynamics and the expansion of executive power, it is not entirely accurate to assert that this balance has been completely lost. The ongoing debates and analyses suggest that while the system is challenged, it still exists and functions, albeit imperfectly. Therefore, the claim captures an essential truth about the current state of U.S. governance but overlooks the complexities involved in the ongoing evolution of power dynamics.

Sources

  1. New series to examine shifting powers in U.S. government
  2. Does the System of Checks and Balances Work Anymore?
  3. Trump's Maximalist Assertion of Presidential Power Tests ...
  4. Project 2025 Would Destroy the U.S. System of Checks ...
  5. States and the Balance of Power
  6. States and the Balance of Power
  7. US Supreme Court ponders the balance of power – and sides ...
  8. Balance of Power in the U.S. House and Senate

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Fact Check: Transcript 00:00 For all of their strutting about protesting that they support democracy. Not a one of them gave a damn about democracy when they pulled Biden off the ballot and dropped Kamala Harris in without a single Democrat primary voter voting for him. And you know what? Not a single Democrat is here today because not a single one of them gives a damn about the fact that they lied to the American people for four years. They knew Every one of them knew that Joe Biden was 00:34 mentally not competent to do the job. The White House Press Secretary. She knew when she stood in front of the American people and lied over and over and over again and they're not here because they can't defend themselves. It wasn't a surprise for four years the White House hid President Biden from Republican Senators. Would not let him meet with us. He served 40 years in this body. We all know him. 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Uh so in that opinion in 2005 from OLC they said essentially that an autopin could be used by a subordinate but the president's determination as to sign the document can never be delegated. Can that authority 02:41 be transferred to a staff or a machine without the president's explicit authorization? Never. And if you look at the statistics, the statistics are stunning. In 2021, President Biden issued 78 executive orders. None were signed with an auto pen. That first year the presidency, Biden I suppose was relatively lucid and 78 executive orders he signed by hand. The second year, however, we see the auto pen emerged. 03:15 The first auto pen executive order was issued on 15th 2022. After that day 100% of the executive orders issued in 2022 were signed by an autopen. In 2023 Biden issued twenty-four executive orders. 16 were auto penned. In 20twenty-four Biden issued 19. 14 were auto penned. 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We heard about the moral responsibilities of a staffer. 04:54 How about an elected senator who knows damn well that if we get into a war and Iran is preparing to fire a nuclear weapon at the United States that the commander in chief is busy playing with his jello and he's not competent to defend ourselves and every member of the cabinet, the chief of staff, the press secretary, and the members of Congress who lied about this on a daily basis with the press's complicity. They are all responsible for subverting democracy. Angry Ted Cruz is perhaps my favorite version of 05:27 Ted Cruz because when he's getting history on it, you might want to take a listen. He is definitely angry that there's some acting going on here in the line of hail to the chief change from hail to the pen that's not a smart line but it's still the truth. The truth is in this video right here ladies and gentlemen. The change in the way Joe Biden used the autopin is a steady upward moving graph from twenty twenty-one to the end of his presidency in early twenty 05:58 twenty-five. Okay? That is a noticeable issue. And if he does not directly authorize the autopin we've got We've got grounds to go through every single law Joe Biden has signed that way and perhaps ignore them all together. There's way more evidence behind the autopin theory and hopefully it ends up sticking. I I hope it does because I think this is in a way worse than the Bill Clinton perjury case. Cuz Bill 06:28 Clinton basically lied before Congress lied directly to the American people lied under oath. This is worse in a way. Because lying under oath means that you know where the truth is and you're just hoping to get away with it and there's a direct law. This however Signing with the auto pin is more opaque. It is an ultimate he said she said and you're dont rate the opinion oo just fact if there is

Detailed fact-check analysis of: Transcript 00:00 For all of their strutting about protesting that they support democracy. Not a one of them gave a damn about democracy when they pulled Biden off the ballot and dropped Kamala Harris in without a single Democrat primary voter voting for him. And you know what? Not a single Democrat is here today because not a single one of them gives a damn about the fact that they lied to the American people for four years. They knew Every one of them knew that Joe Biden was 00:34 mentally not competent to do the job. The White House Press Secretary. She knew when she stood in front of the American people and lied over and over and over again and they're not here because they can't defend themselves. It wasn't a surprise for four years the White House hid President Biden from Republican Senators. Would not let him meet with us. He served 40 years in this body. We all know him. And they deliberately lied and by the way Jake Tapper had a bombshell 01:08 book exposing the incredible scandal that Biden's mental decline was covered up by Jake Tapper. There's a Yiddish word and that truly is how dare we lie and cover up what we all knew. Now I have been asked literally a thousand times by Texans. Was running the country? And I'm going to give 01:40 you the most terrifying answer. I don't know. I genuinely don't know. And not a single Democrat here cares. The most telling proof of Biden's decline came with the signature of the president. The symbol of executive authority that was outsourced to a machine. Mister Wald you're a lawyer who served in the White House Council's Office. You understand the gravity of presidential action. Does the president's signature 02:10 carry legal and constitutional weight under article two? Yes. Is the act of signing an executive order or signing a law or granting a pardon a delegable duty of the president. Uh so in that opinion in 2005 from OLC they said essentially that an autopin could be used by a subordinate but the president's determination as to sign the document can never be delegated. Can that authority 02:41 be transferred to a staff or a machine without the president's explicit authorization? Never. And if you look at the statistics, the statistics are stunning. In 2021, President Biden issued 78 executive orders. None were signed with an auto pen. That first year the presidency, Biden I suppose was relatively lucid and 78 executive orders he signed by hand. The second year, however, we see the auto pen emerged. 03:15 The first auto pen executive order was issued on 15th 2022. After that day 100% of the executive orders issued in 2022 were signed by an autopen. In 2023 Biden issued twenty-four executive orders. 16 were auto penned. In 20twenty-four Biden issued 19. 14 were auto penned. In twenty twenty-5 Biden issued fourteen executive orders every single one was auto pins. 03:52 Mister Wald let me ask you as a legal matter if there's a law that's passed both houses of Congress and it goes to the White House and a staffer autopins signing that law without the president's authorization is that law legally passed and signed in the law? No. If an executive order is issued and a staffer autopins it without the president's authorization, is that executive order legally binding? No. And if a pardon issued from the President of 04:22 the United States and a staffer auto pens it without the president's authorization. Is that pardon legally binding? No. Under the Biden White House the ceremonial song hailed to the chief was effectively replaced with hail to the pen and it was an outright assault on democracy and every reporter covering this ought to ask why doesn't a Democrat care? We heard about the moral responsibilities of a staffer. 04:54 How about an elected senator who knows damn well that if we get into a war and Iran is preparing to fire a nuclear weapon at the United States that the commander in chief is busy playing with his jello and he's not competent to defend ourselves and every member of the cabinet, the chief of staff, the press secretary, and the members of Congress who lied about this on a daily basis with the press's complicity. They are all responsible for subverting democracy. Angry Ted Cruz is perhaps my favorite version of 05:27 Ted Cruz because when he's getting history on it, you might want to take a listen. He is definitely angry that there's some acting going on here in the line of hail to the chief change from hail to the pen that's not a smart line but it's still the truth. The truth is in this video right here ladies and gentlemen. 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Fact Check: The United States no longer has a balance of powers. | TruthOrFake Blog