As a federal judge challenges President Donald Trump’s administration regarding its compliance with an order to halt deportations, the tension between the presidency and the judiciary is escalating. A recent NBC News poll reveals that a growing number of American voters believe that both the executive branch and the courts hold too much power.
Interestingly, this shift over the past six years has predominantly come from Democratic-leaning voters, who have expressed frustration at various times with both Trump’s broad policy initiatives this year and the Supreme Court’s decision to overturn Roe v. Wade in 2022.
The survey, conducted from March 7-11, took place prior to Trump’s call for the impeachment of a federal judge who blocked the deportation of Venezuelan migrants. As Trump and his supporters intensify their critiques of court actions against his policies, it’s possible that voters’ perceptions of the judiciary’s and executive branch’s powers could undergo significant changes.
According to the NBC News poll, 43% of registered voters feel that the president and the executive branch wield too much power, while 39% believe their power is about right and 6% think it is too little.
When asked about the Supreme Court and the judicial branch, 28% stated that it holds too much power, 49% responded that it has the right amount of power, and 8% felt it has too little power.
In contrast, 46% of respondents said Congress and the legislative branch have the appropriate amount of power, whereas 18% said it has too much power and 19% said it has too little.
The percentage of those perceiving the executive branch as too powerful has increased since NBC News last posed the question in June 2019, and the perception of excessive power in the judicial branch has also risen. (The earlier survey included U.S. adults, while the latest one focused on registered voters, allowing for political comparisons over time.)
The new poll indicates that the belief that the executive branch has too much power is now 7 points higher among registered voters than it was among adults in 2019, with the perception of the judicial branch’s excessive power rising by 9 points in the current survey.
This shift reflects notable partisan disparities, indicating discontent among Democrats and a more neutral stance among Republicans, whose party has occupied the White House during both previous polls conducted by NBC News.
Within the Democratic faction, 75% believe the executive branch holds too much power, a marked increase from 55% in June 2019. In contrast, 45% of independents and merely 15% of Republicans share this view.
Debates surrounding executive power have taken center stage in the early months of Trump’s second term, as he and his allies push the boundaries of presidential authority, raising unique legal issues that are now facing litigation.
Plaintiffs in cases linked to the administration’s attempts to reduce workforce size and suspend aid funding have accused officials of circumventing judicial mandates. A federal judge ruled in February that the administration breached a court order that temporarily blocked a broad funding freeze. Additionally, a Federal Emergency Management Agency official instructed subordinates in February to halt grant funding contrary to a judicial directive.
Recently, a federal judge criticized the Justice Department regarding the administration’s weekend deportation flights, which it claims are justified under a rarely invoked 18th-century statute. Trump has called for the impeachment of the judge for obstructing his deportation orders, prompting a rare response from Chief Justice John Roberts, who stated on Tuesday that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
This incident marks the latest chapter in a developing narrative that has been unfolding in Washington. Last month, Democrats interrogated Justice Department nominees about a president’s ability to defy court rulings. Furthermore, both Vice President JD Vance and Trump adviser Elon Musk have raised inquiries on social media regarding the extent of judges’ authority to limit Trump’s actions.
Among Democrats, 31% now say the courts have too much power, an increase from 17% in 2019. In comparison, 27% of independents and 25% of Republicans echo this sentiment. This significant rise among Democrats stands out, especially against the backdrop of years of criticism directed at the Supreme Court over rulings, including the Dobbs decision that overturned Roe v. Wade. These findings also follow then-President Joe Biden’s calls for court reforms and progressive efforts to expand the number of justices on the Supreme Court to influence its political balance.
Conversely, the proportion of people who think Congress holds too much power is lower across all political groups than in 2019, showing a 7-point decline among Republicans and independents, and a 3-point decrease among Democrats.
