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George Mason University Libraries and the Center for Mason Legacies marked Constitution Day with a timely forum on the growth of executive power and the health of American democracy, featuring Jennifer N. Victor, associate professor of political science at the Schar School of Policy and Government. More than 100 attendees gathered on a rainy Wednesday evening in Fenwick Library to hear Victor, along with Rosemarie Zagarri, Distinguished University Professor of history and fellow of the Society of American Historians, and Jonathan S. Massey, appellate attorney and founding partner of Massey & Gail, examine how the presidency has evolved from the nation’s founding to today.
Speaking from her expertise on Congress and American political institutions, Victor highlighted how today’s challenges to democracy stem from flaws in the nation’s constitutional design. She stressed that the Framers did not fully anticipate the rise of political parties, leaving the Constitution ill-equipped to manage partisanship.
“The Constitution is designed as though parties don’t exist,” Victor explained, “but in reality, parties are essential to democracy—and their absence from the constitutional framework creates dysfunction.”
Victor outlined four elements of a healthy democracy: free and fair elections, voting rights, civil liberties, and the rule of law. Of these, she argued, the rule of law has been under the greatest strain in recent years. She described the United States as exhibiting traits of competitive authoritarianism, a hybrid regime where elections persist but institutional checks weaken.
Her analysis connected the erosion of democratic norms to rising economic inequality.
“Economic inequality is one of the primary drivers of polarization and populism,” Victor said. “For the first time, younger generations are unlikely to achieve the same level of prosperity as their parents, and that frustration fuels anti-elite rhetoric across the political spectrum. Addressing inequality through policy reform is essential if we want people to feel government works for them and can be trusted again.”
While Victor underscored current vulnerabilities, her fellow panelists added historical and legal depth. Zagarri reminded the audience that even George Mason himself worried that “the president could very easily become a king.” The Anti-Federalists, she noted, were often sharp critics of structural weaknesses that still resonate today.
Jonathan S. Massey, appellate attorney and founding partner of Massey & Gail, provided a legal lens. He observed that while lower courts have often succeeded in checking executive overreach, recent Supreme Court rulings on presidential immunity and reliance on the “shadow docket” raise concerns about judicial accountability. He pointed to pending cases on tariffs and independent agencies that could significantly reshape presidential authority in the near future.
Despite sobering warnings, panelists emphasized resilience within American institutions. Victor pointed to state governments as particularly effective in counterbalancing executive power: “The most effective pushback is coming from governors,” she noted.
Audience members raised questions on polarization, political violence, and inequality, prompting calls for both institutional reforms—such as expanding the House of Representatives—and policy initiatives aimed at reducing inequality and rebuilding trust.
The Constitution Day Forum offered historical context, legal perspectives, and scholarly analysis on the evolving role of executive power. Panelists pointed to the resilience of American institutions, including civil society, state governments, and the courts. For the Schar School and its community, the evening served as an opportunity to reflect on the Constitution’s enduring significance and to engage in thoughtful dialogue about the challenges and responsibilities of democratic governance.