Two years into the United States President Donald Trump’ second White House stint, he is now facing midterm elections and the possibility of Republicans losing their majority in Congress, raising questions about how much that could constrain the President’s agenda.
However, data suggests that a change in congressional control may have a limited impact, at least in the short term. Trump’s heavy reliance on executive orders, coupled with the growing trend of passing legislation during lame-duck sessions could allow him to continue advancing key policies even if Republicans lose Congress.
“The upcoming US midterm elections are likely to see a shift in the balance of political power, with the Democrats on track to wrest control of both the House and Senate from the Republican Party. This would break the Republican trifecta (control of both chambers of Congress along with the presidency) and would make President Donald Trump effectively a lame duck for the last two years of his term,” according to Emkay Research, an arm of Emkay Global Financial Services that provides macroeconomic, equity and market analysis.
Trump’s Executive Order Streak
Throughout his second term, Trump has relied heavily on executive actions, tariffs, emergency powers and regulatory changes to implement his agenda. During his current term, he has issued 292 executive orders so far, already exceeding the number signed by any president since 1981 over an entire four-year term.
The second-highest count, at 220 executive orders, was also recorded by Trump during his first term.
Rise of Lame-Duck Lawmaking
A “lame duck” session of Congress occurs whenever one Congress meets after its successor is elected but before the end of its own constitutional term. The period between November 2026 and January 2027, till the new Congress takes over, could provide Republicans with one final opportunity to utilise their existing congressional majority.
Historically, lame-duck sessions have accounted for a significant share of legislation, and the incentive to push through pending measures would be especially strong if Democrats capture either chamber, Emkay Research noted.
The share of laws enacted during lame-duck sessions has risen sharply from 16.9% in 2003-05 to 61.3% in 2023-25.
Even if Republicans lose control of Congress in the midterms, Trump’s ability to shape policy may not diminish immediately. A record pace of executive orders and the growing importance of lame-duck sessions suggest that the White House retains powerful tools to push through its agenda. For investors and policymakers alike, the focus may therefore shift from who controls Congress to how aggressively the administration uses executive authority and its remaining legislative windows.
