Erosion of Constitutional Checks

 Modern Judicial Overreach

The separation of powers is the cornerstone of American governance, designed to ensure that no single branch can dominate the others. Yet recent events demonstrate that this balance is increasingly strained. From nationwide injunctions blocking executive actions to Congress failing to enforce laws, the system’s safeguards are under pressure.

The Biden administration’s handling of border security and immigration enforcement has brought these issues into sharp focus. At the same time, judicial responses to attempts to enforce constitutional duties illustrate a growing inconsistency and potential overreach.

The Executive’s Constitutional Duties and Border Security

The Constitution entrusts the president with the responsibility to faithfully execute the laws enacted by Congress. This includes enforcing immigration statutes and protecting national borders. Yet since taking office, the Biden administration has largely scaled back enforcement, revoked policies established under prior administrations, and issued guidance that has effectively created “open border” conditions.

• Policy and Inaction:

  • Termination of Title 42 public health restrictions that had helped limit illegal crossings.

  • Weak enforcement of deportation priorities, allowing many illegal entrants to remain without consequence.

  • Rolling back construction of barriers and halting certain enforcement mechanisms at the border.

These actions have led to surges in illegal crossings, drug smuggling, and human trafficking, generating real public safety concerns for border communities and the nation at large. By failing to enforce existing law, the executive arguably violates its constitutional duty to uphold legislation passed by Congress.

Legislative Inaction and Its Consequences

Congress holds the power of the purse and the authority to create immigration law. Yet lawmakers have repeatedly failed to clarify policy, codify enforcement priorities, or pass meaningful legislation to secure the border. This legislative inaction has allowed executive discretion to expand unchecked—first by the Biden administration and previously by others, like Obama, in selective enforcement contexts.

The result is a paradox: Congress delegates authority to the executive but fails to hold the president accountable for enforcing or failing to enforce laws. Citizens are left without effective protection or recourse, undermining confidence in the government’s ability to perform its basic functions.

Judicial Overreach: Blocking Constitutional Enforcement

At the same time, the judiciary has increasingly intervened to constrain executive action when presidents attempt to enforce constitutional duties or implement laws. This overreach has manifested through nationwide injunctions or rulings that preemptively limit the executive branch’s authority, even when acting in accordance with Congress’s statutes.

Examples include:

• Courts blocking efforts to reinstate Title 42 or other enforcement policies aimed at controlling illegal entry.

• Nationwide injunctions restricting the executive’s ability to redirect resources for border security, even within constitutionally allocated funds.

• Rulings against enforcement of immigration laws that Congress explicitly passed, effectively substituting judicial discretion for legislative and executive authority.

This creates a dangerous precedent: unelected judges now have the power to freeze executive action in violation of laws they are constitutionally obligated to enforce, while failing to address the harm caused by administrative inaction.

The Modern Dilemma: Citizens Left Vulnerable

The combination of executive inaction, legislative neglect, and judicial overreach creates a perfect storm:

1. Border communities face surges in illegal crossings, drug trafficking, and security risks.

2. National security is undermined by lax enforcement of immigration statutes.

3. Rule of law is weakened when judges prevent the executive from fulfilling constitutional duties while simultaneously excusing prior administrative failures.

In short, citizens bear the consequences when each branch abdicates its responsibilities or overreaches its authority, leaving the system vulnerable to instability and arbitrary governance.

Comparing Past and Present Judicial Dynamics

Historical examples of judicial overreach, such as Roe v. Wade, DACA injunctions, and nationwide rulings on the travel ban, illustrate the ongoing tension between branches. But the modern situation is unique:

• Past overreach often arose from attempts to check executive power; today, courts are limiting enforcement of laws the executive is obligated to carry out, effectively protecting non-compliance instead of rights.

• The judicial branch now sometimes shields the executive’s failures while attacking attempts to correct them, creating an imbalance that undermines both constitutional design and public trust.

Path Forward: Restoring Constitutional Balance

To correct this imbalance, each branch must return to its proper constitutional role:

1. Executive Branch: Enforce the law as written by Congress, while respecting judicial review. Presidents cannot pick and choose which statutes to enforce based on political preference without inviting criticism or legal challenges.

2. Legislative Branch: Act decisively to clarify laws, set funding priorities, and hold the executive accountable. Congress must ensure that laws are enforced and take corrective action when the president fails to uphold them.

3. Judicial Branch: Exercise restraint by interpreting laws and reviewing executive actions without issuing nationwide injunctions or blocking constitutionally mandated enforcement absent clear constitutional violations. Courts must protect rights without substituting their judgment for that of elected branches.

Failure to observe these boundaries risks a constitutional crisis, where judicial activism protects inaction and delegitimizes lawful enforcement, leaving citizens vulnerable and governance paralyzed.

Government Failure

The modern interplay between the Biden administration, Congress, and the judiciary underscores the fragility of the separation of powers. Open border policies combined with judicial obstruction of enforcement and legislative inaction create a scenario in which constitutional duties are ignored or undermined.

Unchecked, this precedent threatens the balance of American government: executive inaction goes unchallenged, legislative authority is marginalized, and courts overreach into policy-making. Restoring this equilibrium requires that each branch respect its limits while fulfilling its responsibilities. Only then can the government protect citizens, uphold the law, and maintain the constitutional framework designed to prevent tyranny and arbitrariness.