Here’s a concise summary of Paul Starr’s, “The Premature Guide to Post-Trump Reform,” published in The American Prospect on July 31, 2025.
For me, it clearly answers my two pleading questions, “What’s happening to us?” And “What can we do about it?”
For everything I had hoped would prevent this, now has been cast aside — the guardrails of democracy — rule of law, balance of powers, checks and balances, civil rights, and our founding values.
How now shall we live?
Summary of Starr’s Proposals and Remedies
1. Crisis of Constitutional Safeguards
He argues that American democratic safeguards—separation of powers, checks and balances, and civil rights protections—have been critically weakened. He contends that President Donald Trump’s authoritarian pursuits went largely unchecked by Congress and were emboldened by a Supreme Court that has upheld expansive presidential power. Starr emphasizes that norms traditionally upheld by institutions like independent agencies, courts, and legislators have been eroded.
2. Legal Erosion and Institutional Breakdown
Starr highlights several key examples:
The Supreme Court’s ruling on presidential immunity significantly undermines criminal accountability, granting near-absolute immunity for official actions. Decisions reducing the independence of federal commissions (like the National Labor Relations Board and Merit Systems Protection Board) have shifted power toward the executive branch, undermining legislative design. A ruling limiting nationwide injunctions has made it harder to block executive actions affecting broad populations, complicating opposition to Trump’s policies.
3. Three “Levels” of Institutional Repair
Starr outlines a three-tiered reform agenda for a post-Trump America:
Level 1: Post-Watergate Legislative Model
Codify norms into law, similar to reforms after Nixon: strengthen anti-corruption mechanisms, reinforce Congress’s power of the purse, restrict open-ended national emergency declarations, and safeguard oversight roles (such as inspectors general). Examples include the Congressional Budget and Impoundment Control Act, the National Emergencies Act, the Inspector General Act, and ethics and transparency measures. Starr suggests reinforcing these and adding new safeguards like emergency power sunset clauses and clearer enforcement of the Emoluments Clause.
Level 2: Supreme Court Reform
Reforming the high court is politically fraught—the lifetime appointment system has enabled entrenched ideological control. Starr notes Democratic appointee underrepresentation since 1972 and tactics like blocking Obama’s nomination to maintain Republican dominance. He argues that addressing the Court’s structure is essential for meaningful long-term institutional resilience.
Level 3: Constitutional Amendment
While extremely difficult, constitutional amendment is a necessary thought experiment to consider deeper reform. Starr likens potential future efforts to Reconstruction and the Progressive Era, which produced democratizing amendments (e.g., equal protection, income tax, women’s suffrage). Such a moment could enable a similar transformative package in response to Trump-era assaults on democracy.
Takeaway
Starr emphasizes that unchecked executive power, weakened institutional constraints, and court rulings that amplify presidential authority represent an existential challenge to American constitutional democracy. While immediate resistance is critical, Starr urges planning for longer-term institutional reforms—through legislation, judicial reform, and even constitutional amendment—to repair the damage and fortify democracy.
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Paul Starr is the founding co-editor of The American Prospect, and the Stuart Professor of Communications and Public Affairs and Professor of Sociology and Public Affairs at Princeton University.
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