The White House has developed plans to advance President Donald Trump’s agenda through executive power if Democrats win control of Congress in the upcoming midterm elections. Senior officials and legal teams have spent months identifying actions on immigration, trade, housing, and federal spending that the president could pursue without new legislation. The planning also includes preparations for potential congressional investigations, including briefings for appointees on how to handle subpoenas and document requests.
Since April 2026, Deputy Chief of Staff Stephen Miller and Budget Director Russell Vought have worked with the White House Counsel's Office to review legal avenues to bypass congressional approval. White House Counsel Will Scharf and his team are examining the limits of the president's authority and how to defend decisions in court. The administration is specifically examining new tariffs on wind turbines and critical minerals, tighter visa rules for international students and foreign workers, and measures to lower housing and construction costs. Vought is also investigating how to use previously appropriated funds and change federal grant rules to give political appointees more control over how taxpayer money is distributed to government programs.
Republicans currently hold narrow majorities of 218-214 in the House and 53-47 in the Senate. Democrats would need a net gain of four seats in each chamber to take control. While the White House has publicly criticized the prospect of Republican losses as a false narrative, one person familiar with the plans said Trump would be "very comfortable" governing through unilateral authority, a method he has already used for immigration enforcement and foreign policy during his second term.
The scale of this shift involves the potential bypass of a 435-member House and 100-member Senate on major policy decisions. By using national emergency declarations, the president can exercise broad powers that require a two-thirds majority in both chambers to override. This sets a precedent for the executive branch to manage federal spending and trade policy independently of the legislative branch’s traditional oversight. The day-to-day impact for Americans would include changes to housing and construction costs, which the administration claims it can lower through unilateral measures.
What happens next depends on the results of the November 3, 2026, midterm elections. If Democrats win, they are expected to launch hearings and issue subpoenas regarding the administration's use of power. The White House is prepared to seek Justice Department opinions to defend these executive actions in court and may invoke executive privilege to shield communications. Any new executive orders or changes to federal grant rules would likely be introduced as the new Congress convenes in January 2027.