Checks, Balances, and Democracy
At the founding, Thomas Paine wrote: “In America, the law is king.” We are finding out if that is still true.
In 2025, the Constitution and the rule of law endured an unprecedented assault. Troops in the streets. Political prosecutions. Lawless executive orders. Attacks on law firms, universities, immigrants, and civil society. And more. Yet by year’s end, it became clear that there was a response, a robust and increasingly effective movement to defend our core values.
The Brennan Center for Justice plays acritical role in this fight for American democracy. We were made for this moment.
In 2025 we pursued three broad strategies.
First, we responded to the executive power grab — the great constitutional issue of our time. Our scholars and advocates have the leading expertise in emergency powers used and abused by presidents. We worked with conservative and progressive allies to file dozens of friend-of-the-court briefs in key cases — culminating in the landmark ruling that blocked President Trump’s illegal imposition of worldwide tariffs.
Second, we fought for free and fair elections. Journalists, lawmakers, allies, and courts look to us for our credible nonpartisan expertise. Over the summer, we first blew the whistle on a concerted drive to undermine the vote. Donald Trump has his plan — so do we.
The Brennan Center led the national campaign against the SAVE Act. Our research showed this bill would block tens of millions from registering and voting. The House passed the measure, but it stalled in the Senate after our advocacy campaign. The fight continues into the new year.
Then, when an executive order purported to take personal control of elections, we and others successfully sued to block it. “The states have initial authority to regulate elections,” the judge wrote. “Congress has supervisory authority over those regulations. The President does not feature at all.”
We enlisted law enforcement. We hired former top federal cyber experts to consult with state and county officials. When the Justice Department tried to hoover up sensitive voter data all over the country, we trained state lawyers on how to respond — and courts have rejected the move.
Our conclusion: America can have free and fair elections in 2026 — if we fight for them. Our motto is “Don’t despair, prepare.”
But that is not enough. This is a time of public disquiet, distrust of institutions, a rising call for change. What will count is not what we are against, but what we are for. The country craves innovative solutions and bold reforms. We must think anew.
So finally, the Brennan Center again is emerging as a hub for innovative policy development. Our Kohlberg Center on the U.S. Supreme Court advances proposals for an 18-year term limit for justices. We have advanced bold new steps to fight corruption and curb big money in politics. A new partnership with Fisk University, an esteemed HBCU in Nashville, will provide research and policy development in the South. We highlight prison reforms that work around the country. Our Future of the Constitution Project aims to craft an alternative to cramped originalism. And much more.
To advance this work we have redoubled our focus on a creative, cutting-edge communications strategy. We have earned trust from traditional media. Now our newsletters have 500,000 subscribers, seven million people visit our website each year, and podcasts and “vertical videos” reach millions more. Our Spanish language media platforms extend that reach. We work with influencers and content creators to educate new audiences.
There is a hunger for facts, for insight, for expertise, and information — and we work to meet it. The 190‑person staff of the Brennan Center took to this challenge with focus, commitment, and spirit.
We are grateful for the support of our generous donors. You make our work possible.
This is our nation’s 250th anniversary. We take heart from something Thomas Paine wrote at the conclusion of Common Sense: “We have it in our power to begin the world over again.”
Michael Waldman, President and CEO
