A recent Axios post has been making the rounds, warning readers that President Trump’s second term has unleashed “10 new precedents” with little GOP dissent — supposedly reshaping presidential power in ways that will haunt America for generations. But take a closer look, and the picture is far less dramatic.
Most of these so-called “precedents” are not new at all. They are long-standing powers embedded in the executive branch, wielded by Democratic and Republican presidents alike. And the one truly consequential shift in presidential authority wasn’t initiated by Trump at all — it came from the Biden administration’s decision to prosecute its predecessor, a Rubicon-crossing act that led the Supreme Court to clarify a murky gray area around presidential immunity.
Precedent or Status Quo?
Here’s the Axios list — and the truth about each point:
1. Limiting classified info shared with Congress after military action
Presidents have long exercised discretion over intelligence sharing, particularly during active operations. The War Powers Resolution (1973) requires notification of Congress, but every administration since Nixon has treated it as advisory, not binding. Trump didn’t rewrite the rules — he simply continued the practice.
2. Imposing tariffs via national emergency
This authority dates to the 1977 National Emergencies Act. Obama used it to block property of foreign adversaries; Trump used it to justify tariffs. It’s hardly a new maneuver, and Congress has yet to reclaim its trade powers.
3. Freezing spending and firing agency heads
Presidents have always held sway over agency leadership. As for freezing spending, disputes over impoundment go back to Nixon and were partially resolved by the Congressional Budget and Impoundment Control Act of 1974 — but enforcement has been lax for decades.
4. Controlling state National Guard units against governors’ wishes
Under the Insurrection Act, presidents can federalize state guards — a power used as recently as George H.W. Bush in 1992 (Rodney King riots). Trump’s use of this authority raised eyebrows, but it’s well within existing statutory powers.
5. Accepting foreign gifts (including a $200 million plane)
The Emoluments Clause prohibits gifts without Congressional consent, but legal enforcement has been ambiguous for centuries. Courts dismissed most lawsuits challenging Trump’s financial interests due to lack of standing. This wasn’t precedent-setting; it was more of the same institutional reluctance to police the issue.
6. Profiting from office (currencies, investments)
Critics cite Trump’s business interests, but presidents monetizing their public profile is nothing new. Obama’s post-presidency book deals and speaking fees, for example, were lucrative. Trump’s approach was flashier, but not legally unprecedented.
7. Pressuring the Federal Reserve
Every modern president has pressured the Fed, often privately. Trump’s public scolding broke norms, but there’s no legal barrier preventing such rhetoric.
8. Directing DOJ against political opponents
This is ironic given the current landscape. Axios claims Trump pioneered this, but history suggests otherwise. Nixon’s DOJ targeted adversaries; Obama’s DOJ surveilled reporters; and the Biden DOJ made history by indicting Trump — a former president and sitting political rival. If anything, Biden’s DOJ action represents the true first-in-history precedent Axios warns about.
9. Punishing media, law firms, and universities
Again, administrations have long used regulatory power to shape the behavior of institutions. Trump’s methods were overt, but not legally groundbreaking.
10. Pardoning political allies and donors
Presidential pardons are famously broad. Clinton pardoned Marc Rich, Obama commuted sentences for allies, and Trump’s choices were in line with this history.
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The Real Earth-Shattering Moment: DOJ Crosses the Rubicon
While Axios frames Trump as the great breaker of norms, it misses the real inflection point. For the first time in U.S. history, a sitting president’s Department of Justice prosecuted his immediate predecessor and current political opponent.
This was not Nixon’s DOJ targeting protesters. It wasn’t Clinton’s allies wielding the IRS. This was a sitting administration launching a criminal case against the man leading in the polls to replace him.
The result? A Supreme Court case — Trump v. United States — that forced the judiciary to finally define the limits of presidential immunity.
The Court’s ruling clarified what had been a constitutional gray area for centuries: presidents enjoy immunity for core official acts. This was not an expansion of Trump’s power; it was a clarification that applies equally to Biden, Obama, Bush, and every future president.
In other words, the most significant “new precedent” wasn’t set by Trump but was a consequence of the Biden DOJ’s unprecedented maneuver.
Nothing New Under the Sun?
Most of the Axios list reflects the slow, bipartisan accretion of executive power over decades. From war powers to economic control, Congress has ceded authority while courts have largely deferred. Trump’s second term hasn’t rewritten the playbook; it’s simply playing from a script written long before 2024.
The only truly transformative shift — a Supreme Court clarification on presidential immunity — wasn’t Trump’s doing. It was triggered by his prosecution, something no prior president has faced.
Final Takeaway
The Axios narrative of “10 Trump precedents” collapses under scrutiny. With the exception of a Supreme Court decision born from Biden DOJ overreach, there’s little that’s new here.
The hard truth: these aren’t Trump’s powers. They are presidential powers. And unless Congress or the courts act to rein them in, they’ll remain in place for whoever occupies the Oval Office — Trump, Biden, or anyone else.
Dave Soulia | FYIVT
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