Jonah Patel
Former US President Donald Trump has been accused of showing a disregard for the US Constitution and federal law. In 2022, Trump was rebuked for calling to 'terminate' the Constitution over 2020 election results, with critics saying his comments were anti-democratic. Trump has also been criticised for his controversial moves, including banning birthright citizenship and firing 18 inspectors general, which some historians and legal scholars say demonstrate a willingness to violate the Constitution. Trump has also expressed interest in serving a third term as president, despite the US Constitution stating that no person shall be elected to the office of the President more than twice.
| Characteristics | Values |
|---|---|
| Date | 4th December 2022 |
| Reason | Trump claimed the 2020 election was stolen |
| Trump's statement | "A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution" |
| Trump's intention | To run for president again |
| Condemned by | Rep. Mike Turner of Ohio, Rep.-elect Mike Lawler, White House spokesman Andrew Bates, and others |
| Comparison | Civil War leaders who renounced their allegiance to the Constitution |
| Trump's actions | Deporting citizens, threatening to revoke tax-exempt status from Harvard, firing members of independent boards, banning birthright citizenship, freezing federal spending |
| Expert opinion | "Trump is the most lawless and scofflaw president we have ever seen in the history of the United States" |
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What You'll Learn
Trump's comments on 'terminating' the Constitution
Former US President Donald Trump has been criticised for his comments on the US Constitution, with some interpreting his statements as a call to 'terminate' it. In December 2022, Trump faced a backlash from officials in both parties after suggesting that parts of the Constitution could be 'terminated' due to his false claim that the 2020 election was stolen. Trump wrote on his Truth Social media platform:
> "A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution. Our great 'Founders' did not want, and would not condone, False & Fraudulent Elections!"
Trump's statement was described as "strange and extreme" by Incoming House Democratic leader Hakeem Jeffries, who added that Republicans would have to decide whether to continue supporting Trump in light of his comments. Several Republican lawmakers, including Rep. Mike Turner of Ohio and Rep.-elect Mike Lawler of New York, also objected to the remarks, emphasising the importance of the Constitution in protecting the rights of Americans.
Trump's comments were particularly noteworthy as they indicated a cavalier attitude towards the Constitution and represented an unprecedented attack on the foundational document of the nation. Legal scholars and experts have also criticised Trump's disregard for the Constitution, characterising his actions as a ""blitzkrieg on the law and the constitution". They pointed to instances such as banning birthright citizenship, freezing federal spending, and firing members of independent boards as examples of Trump's willingness to violate the Constitution and federal law.
Trump's statements about 'terminating' parts of the Constitution have been compared to historical contexts, such as the Civil War, where leaders renounced their allegiance to the Constitution out of loyalty to a larger cause. However, Trump's justification for terminating the Constitution is self-serving and related to his personal political ambitions. Additionally, Trump has discussed the possibility of running for a third term as president, despite the US Constitution's two-term limit, stating that "people are asking" him to run again.
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Trump's disregard for the judiciary and constitutional system
Former US President Donald Trump has been criticised for his apparent disregard for the judiciary and constitutional system. This criticism has come from both sides of the political spectrum, with some accusing Trump of acting unlawfully and even causing a constitutional crisis.
Trump's administration has been marked by a series of aggressive legal manoeuvres, including threatening to revoke the tax-exempt status of Harvard and the deportation of Kilmar Abrego Garcia to El Salvador. In the latter case, the Supreme Court ordered a hold on the administration's plans, yet Trump has only pretended to comply with the ruling. This has been interpreted as a sign of contempt for the Supreme Court and the rule of law. In another instance, the Supreme Court ruled that the Trump administration must facilitate the return of Garcia, a Maryland man erroneously deported to El Salvador. However, officials have contended that they do not have to return him, even after losing several appeals.
Trump has also made statements calling for the "termination" of parts of the Constitution over his false claim that the 2020 election was stolen. This has been condemned by Republican lawmakers, who have described the comments as "strange and extreme". Despite this, Trump announced his intention to run for president again in 2024.
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Trump's views on birthright citizenship
In one of his first acts as the 47th President of the United States, Donald Trump signed an executive order to end birthright citizenship. This policy change has been a long-time coming, as Trump has been making similar statements for almost a decade. Birthright citizenship, also known as 'jus soli', means that anyone born in the United States automatically becomes an American citizen. This includes children born to mothers in the country illegally, or to those in the US on a tourist or student visa.
Trump and his supporters have argued that the system is being abused and that there should be tougher standards for becoming an American citizen. They believe that the 14th Amendment's use of the phrase "subject to the jurisdiction thereof" allows the US to deny citizenship to babies born to those in the country illegally. However, this interpretation has been overwhelmingly condemned by scholars as unconstitutional, and courts have generally disagreed with this reading of the Amendment.
The 14th Amendment, passed in 1868 in the wake of the US Civil War, overrode previous Supreme Court cases that had determined that African Americans could never be US citizens. The Amendment's first sentence establishes the principle of birthright citizenship: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."
Trump's executive order has faced legal challenges, with the American Civil Liberties Union (ACLU) and immigrants' rights advocates suing the administration for violating the 14th Amendment and federal law. The Supreme Court has kept a hold on Trump's restrictions on birthright citizenship but has agreed to hear arguments on the issue. Most legal scholars agree that Trump cannot end birthright citizenship with an executive order, and that any changes to the Constitution can only be made through constitutional amendments.
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Trump's stance on immigration and deportation
Former President Donald Trump has been criticised for his stance on immigration and deportation, with many accusing him of xenophobia and racism. Trump has made immigration a key focus of his presidential campaigns and has promised to crack down on illegal immigration and increase deportation of undocumented immigrants.
Trump's administration has been accused of pretending to comply with the Supreme Court on the matter of deporting individuals, including US citizens, without due process. The administration has argued that it has the power to deport anyone, including citizens, if they are deemed to threaten national security and public safety. Trump has also been criticised for his plans to target the rights of children and families, including attacking birthright citizenship and forcibly separating children from their parents at the border.
In his 2024 campaign, Trump promised to "carry out the largest domestic deportation operation in American history", with plans to deport millions of people per year and detain untold numbers in camps. He also intends to dismantle the nation's asylum protection system and attack human rights at the border. Trump's supporters argue that he is simply restoring the rule of law and prioritising the safety and security of Americans.
In addition to his stance on immigration and deportation, Trump has also faced rebuke for calling for the "termination" of parts of the US Constitution following his claims of a fraudulent 2020 election. Trump wrote, "A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution." This statement was condemned by lawmakers from both parties, who emphasised the importance of the Constitution in protecting the rights of Americans.
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Trump's threat to universities' federal funding
In 2022, former US President Donald Trump faced criticism from both sides of the political spectrum for calling for the "termination" of parts of the US Constitution. Trump claimed that the 2020 election was stolen, and that this "massive fraud" allowed for the "termination of all rules, regulations, and articles, even those found in the Constitution".
Trump's comments sparked outrage, with critics arguing that his administration was stretching the limits of executive power and acting lawlessly. This controversy comes amidst a series of aggressive legal maneuvers by the Trump administration, including threatening to revoke the tax-exempt status of Harvard University, a move that has been interpreted as an attempt to exert influence and control over universities.
Harvard University is not the only educational institution that has been targeted by the Trump administration for federal funding cuts. Several other top US universities, including Columbia University, Princeton University, and the University of Pennsylvania, have also faced funding threats or pauses in funding as a result of their alignment with the administration's political agenda. In the case of Columbia University, the Trump administration pulled $400 million in research grants and other funding due to the university's handling of protests against the war in Gaza and Israel's military campaign. Similarly, the University of Pennsylvania saw funding cuts due to a transgender athlete who competed in their swimming program, following a Trump executive order barring transgender athletes from participating in women's sports.
The University of Washington, the biggest public recipient of federal funding, has also been notified of potential penalties after investigations into antisemitism. Trump's administration has targeted elite universities with funding freeze threats, and many more schools across the country are vulnerable. This has raised concerns among universities, with some unsure about the future of certain projects and the potential impact on economic growth and industry development.
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Frequently asked questions
Trump said that a "massive fraud" of the type he alleges occurred in the 2020 election "allows for the termination of all rules, regulations, and articles, even those found in the Constitution."
Trump's comments have been met with widespread criticism. Rep. Mike Turner of Ohio, the top Republican on the House Intelligence Committee, said he "absolutely" condemns the remarks. Incoming House Democratic leader Hakeem Jeffries described Trump’s statement as "strange and extreme." Spokesman Andrew Bates said, "The American Constitution is a sacrosanct document that for over 200 years has guaranteed that freedom and the rule of law prevail in our great country. Attacking the Constitution and all it stands for is anathema to the soul of our nation."
Yes, Trump has taken several actions that legal experts and scholars have said demonstrate a disregard for the Constitution. These include banning birthright citizenship, firing 18 inspectors general, freezing federal spending, and firing members of the National Labor Relations Board (NLRB) and Equal Employment Opportunity Commission (EEOC) without following the proper procedures.
