It’s an interesting point.
I’d like to think that pointing this kind of thing out would address the problem, but my faith in our political classes is pretty low right now. So, given the realities, I have a suggestion for limiting the imperial presidency that will probably work: Only elect straight, white male Republicans.
In our current system, the biggest check on presidential power is public criticism, and despite the rise of niche media such as Fox News and talk radio, the kind of public criticism that actually has an impact mostly comes from the left-controlled “mainstream media.”
With a black Democrat in the White House, those organs have often been loath to criticize the president themselves, and swift to assume that anyone who does offer criticism is partisan, and probably a racist to boot. But with a white male Republican in the White House, all criticisms will be presumed valid.
Every president has some wiggle room, but white male Republicans have less in our system. So if you want the imperial presidency to wiggle less, that’s whom we should elect. And if that’s what it takes to get the press to do its job of scrutinizing and criticizing power, then that’s what we need.