Presidential Law-Making

Marquette Law School Poll, May 22, 2025

When Congress fails to act, the president should not be able to make laws on his own
Democrats94%
Republicans69%
Independents79%
Source: Marquette Law School Poll, May 22, 2025
Chart: Americans Agree
Details
QuestionWhen Congress fails to act, should the president have the power to make laws on his own?
ResponseNo, the president should not be able to make laws
Poll Main PageNew Marquette Law School Poll national survey finds strong support for authority of courts in cases involving president
Interview PeriodMay 5, 2025 to May 15, 2025
Sample Size1,004
Policy Context
When this poll was conducted in May 2025, President Trump had aggressively pursued various means of enacting policies and laws without Congress. Some of his executive orders appeared to go beyond his authority, such as when he ordered his Justice Department to not enforce a law that required the shutdown of Chinese online service TikTok in the United States. In addition, President Trump has invoked emergency powers in unusual ways. For example, he invoked the International Emergency Economic Powers Act to justify imposing tariffs on Canada and Mexico, an action that would normally require Congressional approval. He claimed he was acting in response to a national emergency caused by illegal aliens and drugs from those countries.
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