Limits on Government Power
Expanded executive action and disputes over spending weakened confidence in the limits on public power.
2026 review
This first evidence-based editorial review covers conditions through December 31, 2025. It was compiled in September 2026 and is not a live reading of 2026.
What 8:05 PM means: Working elections and courts keep peaceful correction available, while disputes over executive power and very low trust keep the system under elevated stress.
What moved the clock
Compared with 2024 (2024 Election), the weighted score moved 1 point healthier.
Expanded executive action and disputes over spending weakened confidence in the limits on public power.
Courts continued to limit executive actions, though pressure on judges and uneven oversight created strain.
The 2024 election and 2025 transfer of power remained competitive and generally accepted.
Very low public trust remained a major weakness, but did not by itself prove that the constitutional system had failed.
Eight measures
The same weights are used for every period. You can question any measure on its own.
Expanded executive action and disputes over spending weakened confidence in the limits on public power.
Adds 8.25 points to the total · Current review
The first-half record combines continued concern about executive overreach with a Supreme Court ruling that IEEPA did not authorize presidential tariffs. View source ↗
How this review reads it. 55: serious disputes over the limits of power continue, but courts still offer a real way to challenge government action. The mixed evidence does not justify moving to a different scoring level.
What could change the score. Raise the score if government repeatedly follows legal limits; lower it if officials keep avoiding or defying binding limits.
Courts continued to limit executive actions, though pressure on judges and uneven oversight created strain.
Adds 7.5 points to the total · Current review
Learning Resources shows that courts can still limit executive action. Bright Line Watch also reports continuing concern about how well Congress and the courts can check executive power. View source ↗
How this review reads it. 60: the branches still check one another, but not consistently. One important ruling shows that the system can push back; it does not prove that every check is working well.
What could change the score. Raise the score if checks are used and followed across all three branches; lower it if a branch cannot enforce its lawful authority.
The 2024 election and 2025 transfer of power remained competitive and generally accepted.
Adds 12.0 points to the total · Current review
Bright Line Watch found that democracy ratings remained low but stable and noted meaningful competition in the 2025 off-year elections. No national transfer of power occurred during this review period. View source ↗
How this review reads it. 80: competitive elections and peaceful transfers of power remain the strongest safeguard. The July review found no new evidence strong enough to change the score.
What could change the score. Raise the score if access and election administration remain reliably fair; lower it if competition, certification, or a transfer of power is blocked.
Did the law apply through stable courts and institutions instead of personal or arbitrary power?
Adds 9.75 points to the total · Current review
A May 2026 survey of federal judges, lawyers, law professors, political scientists, and the public reported the lowest expert rule-of-law rating in its ten-year comparison. It also identified Learning Resources as an important positive sign. View source ↗
How this review reads it. 60: the broader expert evidence supports a five-point decline from the 2025 starting point. Courts can still correct abuses, so the evidence does not support a more severe score.
What could change the score. Raise the score if legal remedies are applied promptly and fairly; lower it if officials repeatedly ignore rulings, enforce laws selectively, or punish people for seeking review.
Were speech, belief, association, equality, and due process protected in real life?
Adds 10.5 points to the total · Current review
The starting review found strong legal protections alongside pressure on the media, universities, noncitizens, and lawful expression. This quarter's evidence did not show a broad enough change to move the score by five points. View source ↗
How this review reads it. 70: people can still use these rights broadly, though protection is uneven. The score reflects government pressure, due process, and real access to rights—not agreement with the viewpoint.
What could change the score. Raise the score if dissent and due process are protected consistently; lower it if retaliation becomes systematic or meaningful review is lost.
Did federal and state governments keep meaningful authority within their roles?
Adds 7.0 points to the total · Current review
Conflicts between federal and state governments continued and remained open to court review. The evidence showed strain, but not a lasting nationwide loss of lawful state power large enough to move the score. View source ↗
How this review reads it. 70: states still have meaningful legal and political ways to defend their authority. Disagreement with a policy result does not, by itself, show constitutional decline.
What could change the score. Raise the score if disputes over authority are resolved more consistently; lower it if lawful state powers are repeatedly displaced without an effective remedy.
Very low public trust remained a major weakness, but did not by itself prove that the constitutional system had failed.
Adds 3.75 points to the total · Current review
Bright Line Watch found that public views remained sharply divided by party while overall democracy ratings stayed low but stable. Earlier Pew data also showed historically low trust. View source ↗
How this review reads it. 50: trust remains fragile, but distrust does not automatically mean people reject lawful authority. The available evidence does not show a new five-point change.
What could change the score. Use broader evidence about acceptance of results, compliance with court rulings, and trust across parties before narrowing this range.
Did political competition remain mostly peaceful?
Adds 6.5 points to the total · Current review
A nationally representative UC Davis study published during the window found support for and willingness to engage in political violence largely stable from mid-2024 to mid-2025. View source ↗
How this review reads it. 65: political intimidation remains an important weakness, but the evidence does not show organized violence replacing lawful competition nationwide or a clear change from the starting point.
What could change the score. Raise the score if political intimidation declines over time; lower it if organized, lasting violence prevents lawful competition.
Different questions
Could the country's basic governing rules change? This is different from armed conflict.
Could political violence become organized and sustained? The clock is not a prediction of civil war.
Why this matters
The key question is whether institutions still offer peaceful ways to correct abuses. The score must count both signs of strain and signs that correction still works.
Evidence review
The baseline separates source observations from interpretation and publishes sensitivity bounds, but it remains a three-source editorial assessment without independent scoring.
This is a dated 2025 evidence baseline, not a live 2026 reading; later events must be assessed in a separately versioned review.
Check the sources
These links support the facts used here. Their publishers did not create or approve the score.