The American constitutional system is famously designed to guard against tyranny.  Many observers think it will now face a major test because of the ascent of President-elect Trump, who has a history of ignoring norms and conventions that constrain lesser men. Norms such as don’t lie; don’t commit sexual assault; don’t commit tax fraud. Buoyed by his popularity, the Republican Party is now on the verge of controlling all three branches of government, a relative rarity in American politics.  Unified government puts pressure on the system of checks and balances that is part of the constitutional design; it also allows for quick and decisive action. What should we expect in coming months?

The first casualty might be informal norms, such as the filibuster in the Senate. This rule allows minorities of 40 (out of 100) Senators to block action on legislation and on appointments. Might the Democrats used the filibuster to block a Trump-nominated candidate for the Supreme Court? The rule has already been weakened under the Obama administration, when Democrats responded to Republican obstructionism by eliminating its application to judicial appointments below the Supreme Court. If the Democrats seek to block a Republican appointee, the Senate majority could just eliminate the rule. One constraint on this happening, however, is that some Republicans might secretly value the rule when it comes to legislation. Many Republicans have serious issues with some of Trump’s proposals, and may want to blame the Democrats for blocking it. So I expect that the filibuster will survive, at least as far as legislation is concerned.

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