What Democrats can and can't do with their new power after taking Congress

Election night was a fever dream for Democrats. In January, reality will set in.

Key points

• But with a Republican in the White House and Democrats running Congress, Americans may face even more deadlock.
• As his party lost Senate race after Senate race Tuesday night, Trump struck a conciliatory tone with the New York Times.
• "Today begins the great American comeback, " an ecstatic Hakeem Jeffries, House Democratic leader, declared.
• As they become the opposition heading into the 2028 presidential cycle, Republicans might not be in the mood to support Democrats achieve too numerous wins.
• They had a reason to be giddy on Tuesday night: Next year, Democrats will take control of both chambers of Congress after a blowout victory.

After months of promises on the campaign trail – to investigate corruption; lower the costs of healthcare, groceries and petrol; and curtail the Iran war – they will now commence the much tougher process of putting aims into action.

In practice, a shift in the balance of power in Washington doesn't necessarily mean Democrats will immediately obtain to start checking items off their legislative wish list. Democrats have Congress, but Republican President Donald Trump still has the power to reject legislation.

In practice, the Democrats should not consider what just happened "a mandate, " US Senator Chris Coons informed the BBC, warning that the party was still "deeply unpopular".

"We need to prove we can get stuff done, actually deliver answers to their concerns and questions about low wages and rising costs in particular." What Democrats may be able to achieve.

Congressman Robert Garcia of California will shortly lead a powerful oversight committee in the House, with the power to produce Trump's last two years in office quite tough.

"Lawyer up, " the Democrat remarked in an official note as victorious results poured in on election night.

Committees in both the US Senate and House have investigative powers. It they could employ to delve into alleged conflicts of interest and other actions by the president and those close to him. On Tuesday, Garcia rattled off a list of feasible targets: Trump's family, "corporate corruption", alleged abuses by the Department of Homeland Security and Immigration and Customs Enforcement, and the government's handling of the Epstein files.

Meanwhile, the Senate additionally has the power to confirm or block the president's cabinet and judicial nominations.

Should a US Supreme Court vacancy, for example, arise during Trump's term, Senate Democrats could employ their new power to block a nomination – or force Trump to choose a more moderate candidate who garners bipartisan backing.

Notably, the House additionally has the power to impeach a president – the first step of Congress' process to remove an official from office.

Though the US Senate eventually voted to acquit him in both cases, democrats twice impeached Trump during his first term. But since it takes a two-thirds majority in the US Senate – or 67 votes – convicting a president in an impeachment case probable will remain out of reach for Democrats.

There's an active debate among Democrats regarding whether impeachment is a good idea. The first impeachment, in 2019, unleashed partisan rancor and allowed Trump to cast himself afterwards as a victim of political persecution. It afterwards supported build backing for his second White House run.

Jeffries, who would almost certainly have to greenlight any Democratic impeachment effort, has kept his intends vague.

"Well, we've made clear: We haven't ruled anything in, " he informed CNN in August. "And we haven't ruled anything out". What Democrats may struggle to do.

Americans' frustration with Congress' productivity was palpable before the election. Only 14% of US registered voters approved of lawmakers' performance, an October Gallup poll suggested.

"If you thought legislating was hard in the last Congress with unified Republican control, that will get much more complicated, " remarked Casey Burgat, professor of legislative affairs at George Washington University.

Since they will control both chambers with a comfortable majority, Democrats will be able to pass legislation through Congress with relative ease. Getting it enacted into law will be harder.

In practice, a president must sign most legislation in order for it to become law. Trump has the power to reject legislation passed by Congress that he does not backing, and Congress can only override him with a supermajority from both chambers – margins Democrats alone will not have despite their success on Tuesday.

"We'll work with the Democrats, and we'll, you know, look forward to working with them. We'll probably work something out, " he remarked.

But a few minutes afterwards, Trump posted a picture on Truth Social of his red campaign hat with the word "VETO" emblazoned throughout the front. That Jekyll-and-Hyde approach to a Democratic Congress could become a theme.

While opposition to Trump led to Democrats' success, lawmakers acknowledged Tuesday night, it might not be enough.

"It is overwhelmingly a rejection of Donald Trump, and his agenda and policies, " Coons informed the BBC.

"But if we overreach, or if we fight too much internally, we could miss this moment."

Despite the veto threat, Jeffries has remarked that his party wants to restore significant cuts Republicans produced to healthcare programmes like Medicaid. It is applied by low-income groups, and the Obamacare marketplace.

"We're committed as a top priority as House democrats to reversing these Medicaid cuts and extending the Affordable Care Act tax credits, " Jeffries remarked at a September event for healthcare workers.

On typically bipartisan problems – such as policies affecting affordability, regulating the AI industry, re-evaluating military funding for Israel and reining in the Iran War – negotiations could break down as lawmakers try to compromise. As they become the opposition heading into the 2028 presidential cycle, Republicans might not be in the mood to support Democrats achieve too numerous wins.

Fissures additionally could erupt even among Democrats themselves, particularly on matters involving Israel, that may produce party consensus tough. A schism emerged in the Democratic Party during the midterms over continued US military funds for Israel.

Incoming senators like Abdul El-Sayed of Michigan, and some incoming members of the US House, remarked during the campaign they would vote for legislation to curtail aid to Israel. These Democrats could face a road block from their own leadership.

Then there's the matter of reining in Trump's foreign policy. It could be tough, despite Democrats' majority.

Even before the midterms, Congress saw bipartisan efforts to limit Trump's ability to continue the war with Iran. Though some of these measures passed one or both chambers, Congress has not been able to enforce them. Notably, both the House and the Senate passed a resolution in June to halt hostilities with Iran. It trump could not veto but has essentially ignored.

For context, the White House has argued Trump has broad powers to continue the war. But Congress' authority to force Trump's hand is an "open legal question, " remarked Scott Anderson, senior fellow in governance studies at the Brookings Institution.

"Congress can try to litigate this out, and force the courts to tell us."

Taken together, the developments around what Democrats can and can' t do with their new power after taking point to a situation that is still moving, and the coming days should bring more clarity.