Divided Government in 2027: What Congress and the President Can Each Do
Dated editorial analysis; figures in this article are not recalculated automatically. Visit the linked race pages for current data.
Based on unofficial results and race calls, Democrats are on course to hold majorities in both the House and the Senate when the new Congress meets in January 2027, while President Donald Trump, a Republican, remains in office until January 2029. That arrangement, called divided government, is common in American history. This explainer sets out what each side can and cannot do on its own under the Constitution and congressional rules. It does not predict what any official will do.
Passing laws
A bill becomes law only when both the House and the Senate pass the same text and the president signs it. If the president vetoes a bill, Congress can override the veto with a two-thirds vote in each chamber: 290 of 435 House members if all are voting, and 67 of 100 senators. Neither party is close to those numbers in the 2026 results, so in practice most bills that become law in a divided government are ones both the congressional majority and the president are willing to accept.
The Senate filibuster
Under current Senate rules, ending debate on most legislation (a step called cloture) takes 60 votes. A majority of 51 to 59 senators can control the agenda and committees but usually cannot pass ordinary bills without some votes from the other party. Two important exceptions exist:
- Budget reconciliation. Certain tax and spending bills tied to a budget resolution can pass the Senate by simple majority. The rules limit what such a bill can contain.
- Nominations. Since rule changes in 2013 and 2017, executive-branch nominees and judges, including Supreme Court justices, are confirmed by simple majority.
The Senate can change its own rules, so these thresholds are current practice, not permanent law.
The power of the purse
The Constitution gives Congress control over federal spending. Each year Congress must pass appropriations bills, or a temporary measure called a continuing resolution, to keep agencies funded. Because the president must sign those bills, funding deadlines are often where divided governments negotiate. If no funding law is in place when a deadline passes, affected agencies shut down until one is enacted.
Nominations and the Senate
The president nominates cabinet members, ambassadors and federal judges; the Senate decides whether to confirm them. A Senate majority from the other party controls the schedule for hearings and votes in its committees and on the floor. The president can make temporary recess appointments only when the Senate is in a recess long enough to qualify, which the Senate can avoid by holding brief pro forma sessions.
Oversight and investigations
Committees in both chambers can hold hearings, request documents and issue subpoenas. Majority control decides who chairs each committee and therefore which investigations go ahead. Disputes over subpoenas sometimes end up in federal court.
Impeachment
The House can impeach a federal official, including the president, by simple majority. Removal requires conviction by two-thirds of senators present at a trial. Impeachment is a constitutional process separate from ordinary legislation, and its use is a political judgment for members of Congress.
What the president can do alone
- Veto bills, and sign or decline to sign them.
- Issue executive orders and direct federal agencies within the authority that existing laws and the Constitution provide. Courts can review whether an action exceeds that authority.
- Conduct foreign policy and act as commander in chief, subject to Congress's powers over funding, war declarations and treaty ratification (treaties need two-thirds of the Senate).
- Grant pardons for federal offenses.
Divided government is the norm, not the exception
Since the Second World War, a single party has controlled the White House, the House and the Senate together for only a minority of years. Periods of split control have produced both long standoffs and major bipartisan laws, depending on the issues and the people involved. For the history of midterms that changed control of both chambers, see our history article; for the 2026 seat counts, see the results overview.
Seat figures are based on unofficial results and race calls as of November 12, 2026. Rules described here are current Senate and House practice and can be changed by each chamber.