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Why the Republican Establishment has an incentive problem

Why the Republican Establishment has an incentive problem


Why the Republican Establishment has an incentive problem

If Democrats retake the House in 2026, the likely outcome is predictable: impeachment proceedings, legislative paralysis, and a presidency defined by investigation rather than policy.

Jenna Ellis
Jenna Ellis

Jenna Ellis served as the senior legal adviser and personal counsel to the 45th president of the United States. She hosts "Jenna Ellis in the Morning" weekday mornings on American Family Radio, as well as the podcast "On Demand with Jenna Ellis," providing valuable commentary on the issues of the day from both a biblical and constitutional perspective. She is the author of "The Legal Basis for a Moral Constitution."

If Republican voters are confused by their party’s behavior heading into the 2026 midterms, the explanation may be simpler than it looks: Republican leadership has repeatedly declined to use its power in ways that would permanently entrench Donald Trump’s agenda.

That pattern matters more than stated motives.

Donald Trump entered national politics as an outsider in 2016, running not just against Democrats but against the Republican donor class and party leadership. That tension has never been resolved. Instead, it has shaped how Congress has responded to Trump—especially when Republicans held the tools necessary to govern decisively.


A trifecta without follow-through

During Trump’s first term, Republicans controlled the White House and both chambers of Congress. Yet beyond the 2017 tax cuts, Congress largely failed to codify Trump’s policy priorities, choosing instead to let him govern through executive orders that were inherently reversible.

That choice had consequences. Executive actions can be undone by courts or subsequent administrations, while statutes cannot. By declining to legislate, Congress ensured that Trump’s agenda remained fragile—and later used that fragility as evidence of ineffective governance.

The pattern continues

The same dynamic has reappeared during Trump’s second term.

Congress has not codified Trump’s executive orders, even where Republicans broadly agree with the policies. Congress has not enacted structural reforms related to bureaucracy reduction or spending restraint. And during the late-2025 government shutdown, Republican leadership declined to use available procedural tools—including eliminating the filibuster—to pass a budget aligned with their stated priorities.

These were not technical failures. They were legislative choices.

More notably, Republicans have joined Democrats to overturn at least one Trump executive order in 2025 and to constrain Trump’s asserted war-powers authority regarding Venezuela. Congressional authority appears to reassert itself most forcefully when it is used to limit Trump, not the administrative state

Why 2026 matters

If Democrats retake the House in 2026, the likely outcome is predictable: impeachment proceedings, legislative paralysis, and a presidency defined by investigation rather than policy.

That outcome would also reset internal Republican politics. Trump’s final two years would be consumed by conflict, and the party would enter 2028 able to argue that the MAGA agenda failed to deliver lasting results—despite Congress’s repeated refusal to make those results durable.

A question of will

Republican voters are not demanding personal loyalty to Trump. They are demanding alignment between campaign promises and congressional action.

If shrinking government is the goal, Congress must legislate.

If executive overreach is the concern, authority must be applied consistently.

If Trump’s agenda is worth campaigning on, it must be worth codifying.

The question isn’t whether Republicans can win in 2026.  It’s whether they want to.

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