Two-thirds of Americans believe the system of checks and balances designed to limit power between the White House, Congress and the courts is not functioning effectively, according to a new NPR/PBS News/Marist poll released February 5, 2026. The finding comes as concerns about the health of American democracy remain high, with 78% of respondents stating that the issues dividing the nation pose a serious threat to its future.
The poll reveals a sustained level of anxiety about the state of American democracy, mirroring sentiments recorded in the immediate aftermath of the January 6, 2021, attack on the U.S. Capitol. This concern spans the political spectrum, with majorities across all parties expressing serious reservations.
The erosion of checks and balances is particularly salient given the actions of President Donald Trump, who has frequently tested the limits of executive power. Since taking office, Trump has prioritized policy initiatives through executive action, often bypassing Congressional processes and anticipating legal challenges.
Constitutional law scholar Kimberly Wehle of the University of Baltimore School of Law warned that a dysfunctional system of checks and balances carries long-term risks. “What people don’t understand is, once the system no longer functions, it won’t function when you need it to function either,” Wehle said. “When the apparatus of democracy fails then we just have to hope for a benevolent president.”
However, other legal experts offer a different perspective. John Yoo, a professor of law at the University of California at Berkeley and former Justice Department official under President George W. Bush, argues that Trump’s actions represent a return to historical norms. Yoo contends that the current administration seeks to restore a pre-Watergate era where the presidency held “more discretion, more power to it than it does today, and less congressional interference.”
The NPR/PBS News/Marist poll also indicates a significant decline in President Trump’s approval rating. Currently, 39% of Americans approve of his performance, while 56% disapprove, with 51% expressing strong disapproval – the highest level recorded by Marist polling since it began tracking presidential approval in 2017. This disapproval is particularly pronounced among independents and Democrats, though the poll also notes a shift among some within Trump’s own voting coalition.
Recent events, including two fatal shootings of U.S. Citizens by federal immigration agents in Minnesota, have contributed to growing public dissatisfaction. The poll found that 65% of Americans believe Immigration and Customs Enforcement (ICE) has “gone too far” in its enforcement of immigration laws, an 11-point increase since last summer. Republicans, however, continue to express support for both ICE and the President, according to the poll.
