As the U.S. government approaches another budgetary showdown, it’s not just a clash over spending priorities — it’s an assault on one of the cornerstones of our democracy: the separation of powers. The current conflict over the Continuing Resolution (CR) and the broader dysfunction in Congress isn’t merely a matter of partisan disagreement; it reflects a deeper systemic issue that threatens the integrity of our republic.
For years now, the legislative branch has been losing its independence to outside influences. Whether it’s powerful tech billionaires like Elon Musk or President-elect Donald Trump, lawmakers are increasingly pressured by figures who are not elected to write legislation or decide the nation’s laws. Instead of following the Constitution, which mandates that the legislative process belongs to Congress alone, these figures — many of whom hold no official role in government — are exerting undue influence over elected officials. This growing erosion of legislative authority is not just problematic; it’s a direct violation of the separation of powers designed by our founding fathers.
The U.S. Constitution is clear about the roles and responsibilities of the three branches of government. Article I, Section 1 grants all legislative powers to Congress, while Articles II and III outline the executive and judicial branches, respectively. This system of checks and balances is what ensures that no one branch becomes too powerful. It’s this separation of powers that prevents any individual — whether President-elect or tech mogul — from wielding undue influence over the legislative process.
The Speech or Debate Clause in Article I, Section 6 further enshrines the independence of Congress, protecting lawmakers from interference in the conduct of their duties. Under this clause, legislators are shielded from outside pressures — whether from the executive branch or from external figures like Musk — in order to preserve the integrity of their work. This protection is essential to ensuring that members of Congress can debate, speak, and vote freely, without fear of retaliation from political outsiders or from those in the executive branch. The founders understood that without this safeguard, Congress could easily be co-opted by external forces.
Yet, over the years, this protection has been chipped away. The GOP, in particular, has increasingly ceded its legislative authority to individuals like Musk and President-elect Trump. While Trump is rightfully focused on the executive branch, his influence over GOP lawmakers has grown to such an extent that it’s now actively shaping legislative agendas, despite the fact that he holds no legislative office. His role as President-elect does not grant him the constitutional authority to direct the workings of Congress, nor does it allow him to dictate legislative priorities — that power lies solely with elected members of Congress.
Elon Musk, too, wields significant influence over the Republican Party, a situation that is both unusual and troubling. As a private citizen and billionaire, Musk should not be determining policy priorities or influencing the decisions of lawmakers. Yet, his significant political sway — largely facilitated by his social media presence and political donations — has led to an environment where private individuals, not elected lawmakers, are driving policy discussions. This kind of external influence undermines the separation of powers and diminishes the authority of elected representatives.
For Democrats, the need to focus on the separation of powers has never been more urgent. Their current response to Speaker Mike Johnson, while understandable in the context of partisan disagreement, misses the larger point. The real issue is not just Speaker Johnson’s leadership, but the fact that external figures — many of whom are not bound by the same constitutional constraints as members of Congress — are now driving the legislative process. The Democrats must shift their focus away from partisan bickering and instead demand that the legislative branch be returned to its rightful place at the helm of policymaking.
In light of this, Democrats must embrace the Constitution and insist on one simple principle: Congress, as outlined in the Constitution, must retain its power to write legislation free from external influence. The Speech or Debate Clause is there for a reason: to protect the integrity of the legislative process from being subverted by external actors, particularly those in the executive branch, like President-elect Trump, or private citizens who wield disproportionate influence, like Elon Musk.
If Democrats are serious about reclaiming their constitutional authority, they must make it clear that negotiations concerning the budget and other critical legislative matters will only take place between lawmakers who are protected under the Speech or Debate Clause. It’s time for Congress to reassert its authority and take back control from the outsiders who, intentionally or not, are undermining the very framework of American democracy.