Jonah Patel
The Constitution of the United States of America is the supreme law of the land, providing the framework for the US government and protecting the fundamental rights of its citizens. It was drafted in 1787 and has since been amended 27 times. Former President Donald Trump has repeatedly expressed uncertainty about his obligation to uphold the Constitution, particularly regarding due process rights for immigrants facing deportation. Trump's comments have sparked controversy, as some interpret them as a potential disregard for constitutional constraints and the rule of law. Trump has also faced criticism for his ambiguous stance on term limits, with some supporters advocating for a third term, despite constitutional amendments prohibiting it.
| Characteristics | Values |
|---|---|
| Trump's stance on upholding the US Constitution | Trump said "I don't know" when asked if he needed to uphold the US Constitution, particularly regarding due process rights for immigrants. |
| Third term as president | Trump acknowledged constitutional constraints preventing him from seeking a third term, but his supporters have suggested amending the Constitution to allow it. |
| Deportation of immigrants | Trump's administration has faced criticism for seeking immediate removal of immigrants without giving them due process rights, as required by the courts and the Constitution. |
| Use of military force | Trump suggested using military force to control Greenland and annex Canada, but later downplayed these statements. |
| Tax-exempt status of Harvard University | Trump addressed his threat to revoke Harvard University's tax-exempt status. |
| Economic impact | Trump defended his agenda's impact on the economy, blaming any negative effects on his predecessor, Joe Biden. |
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What You'll Learn
Trump's stance on deportation
During his 2024 re-election campaign, Donald Trump promised to carry out the largest deportation operation in US history. This promise was part of a broader anti-immigrant agenda that included attacking birthright citizenship, barring undocumented children from schools, and forcibly separating children from their parents at the border.
Trump has repeatedly emphasized his intention to deport "some of the worst, most dangerous people on Earth," and has sought to expedite the removal process by expanding the "expedited removal" program. This program allows immigration officers to quickly deport individuals without due process if they have been in the country for less than two years and entered without immigration documents. Trump's administration has also pressed the courts to allow the immediate removal of immigrants accused of being members of a Venezuelan gang, without giving them a chance to plead their case before a judge.
Critics on the left have argued that Trump is chipping away at due process rights, citing cases where individuals have been mistakenly deported or deported without meaningful process. For example, the case of Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported to El Salvador and imprisoned without communication. Despite a Supreme Court order to return Abrego Garcia to the US, Trump has sought to use his case as a test for his campaign against illegal immigration.
In response to concerns about due process, Trump has stated that he is following the advice of his lawyers and that giving immigrants due process is time-consuming. When asked directly if he needs to uphold the US Constitution's guarantee of due process for immigrants, Trump has replied, "I don't know." He has also downplayed the possibility of seeking a third term as president, which is prohibited by a constitutional amendment.
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Trump's stance on due process for immigrants
In an interview with NBC's "Meet the Press" with Kristen Welker, President Donald Trump expressed uncertainty regarding his obligation to uphold the constitutional right to due process for immigrants. When asked if immigrants were entitled to due process rights, Trump replied, "I don't know. I'm not, I'm not a lawyer. I don't know." He further stated that fulfilling his campaign promise of rapid mass deportations might take precedence over granting immigrants due process, as required by the courts.
Trump's administration has faced criticism for its handling of immigration cases, including the mistaken deportation of Kilmar Abrego Garcia, a Salvadoran man living in Maryland, who was imprisoned in El Salvador without communication. Despite a Supreme Court order to facilitate Abrego Garcia's return to the US, Trump maintained that Abrego Garcia was a member of a violent transnational gang.
Trump has also faced scrutiny for his stance on the use of military force to control Greenland and his suggestion of pursuing a third presidential term, which is prohibited by the Constitution's 22nd Amendment. In response to criticism, Trump has downplayed the possibility of a third term, acknowledging the constitutional constraints.
Trump's comments on due process have sparked concerns among critics who argue that he is undermining this fundamental right in the United States. The Fifth Amendment of the Constitution guarantees "due process of law," ensuring certain rights for individuals facing prosecution, regardless of citizenship. Trump, however, has expressed uncertainty about the extent of these rights, stating that he will rely on the guidance of his lawyers to follow the interpretations of the Supreme Court.
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Trump's stance on a third term
In an interview with NBC's "Meet the Press", US President Donald Trump denied that he is considering a third presidential term, a move that experts agree is banned under the US Constitution. Trump said, "I'll be an eight-year president, I'll be a two-term president. I always thought that was very important."
Trump, 78, has previously said that he was "not joking" about wanting to serve a third, or even fourth, term as US president. He later said his statements were meant to troll the "fake news media". His company, The Trump Organization, has been selling "Trump 2028" hats, fuelling speculation that he may seek to remain in office beyond his second term.
Trump has acknowledged the constitutional constraints preventing him from seeking a third term. The US Constitution's 22nd Amendment says that "no person shall be elected to the office of the President more than twice." Changing the Constitution would require a two-thirds approval from both the Senate and the House of Representatives, as well as approval from three-quarters of the country's state-level governments.
Despite this, Trump has often mused about the idea of a third term and has suggested there were "methods" of circumventing the 22nd Amendment. In the interview, he insisted that many people wanted him to seek another term before he played down the idea, saying, "It's something that, to the best of my knowledge, you're not allowed to do."
Trump also floated Vice President JD Vance and Secretary of State Marco Rubio as two potential successors. He described the support for a third term as a sign of approval, saying, "because they like the job I'm doing, and it's a compliment. It's really a great compliment."
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Trump's stance on Harvard University's tax-exempt status
On May 2, 2025, former US President Donald Trump announced that his administration would revoke Harvard University's tax-exempt status. This came as part of his broader crackdown on universities, particularly in response to the anti-Israel unrest on campuses across the country in 2024.
Trump's stance on the matter was made clear in a social media post, where he stated: "We are going to be taking away Harvard's Tax Exempt Status. It's what they deserve!" This followed an earlier statement on April 15, where he suggested that Harvard should "lose its Tax Exempt Status and be Taxed as a Political Entity if it keeps pushing political, ideological, and terrorist-inspired/supporting 'sickness?'
Harvard University responded by stating that revoking its tax-exempt status would be an unlawful misuse of the U.S. tax code. The university argued that such an action would be a crime, as it would violate the law barring the president and other government officials from directing the IRS to investigate taxpayers. The university also pointed out that the government has historically exempted universities from taxes to support their educational missions.
Trump's administration had previously taken other actions against Harvard, including freezing federal grants, seeking details on its foreign ties, and threatening its ability to enroll foreign students. The grant freeze occurred after Harvard rejected illegal demands from the administration, such as auditing the viewpoints of professors and students, banning face masks and diversity initiatives, and overhauling its governance.
Legal experts have suggested that Trump's public threat against Harvard's tax-exempt status could create problems for the IRS. Genevieve Lakier, a First Amendment expert, called Trump's social media post "dumb" and "not helpful," citing the law barring the president from directing the IRS to investigate taxpayers. However, others have noted that the IRS could initiate moves to revoke Harvard's status, as has happened in the past with Bob Jones University, which was denied tax-exempt status due to its ban on interracial dating and marriages.
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Trump's stance on the 5th Amendment
In May 2025, when asked whether he agreed that US citizens and noncitizens both deserve due process as laid out in the Fifth Amendment of the Constitution, Trump replied, "I don't know. I'm not, I'm not a lawyer. I don't know." The Fifth Amendment provides "due process of law", meaning a person has certain rights when it comes to being prosecuted for a crime.
Trump has repeatedly suggested that only people with something to hide avail themselves of the protection against self-incrimination. In 2016, he said, "So there are five people taking the Fifth Amendment, like you see on the mob, right? You see the mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?" He also criticized Hillary Clinton for using a private email server as secretary of state, again referencing the Fifth Amendment. "When you have your staff taking the Fifth Amendment, taking the Fifth, so they're not prosecuted, when you have the man that set up the illegal server taking the Fifth, I think it's disgraceful," he said.
However, in August 2022, Trump invoked the Fifth Amendment himself during a deposition at the office of the New York attorney general. He portrayed himself as the victim of politically motivated investigations, not just by the New York attorney general, but by the Justice Department and other prosecutors. He acknowledged his shifting positions over the years, saying, "I once asked, 'If you're innocent, why are you taking the Fifth Amendment?' Now I know the answer to that question."
Trump has also been circumspect about his duties to uphold due process rights laid out in the Constitution, particularly when it comes to immigration. He has argued that fulfilling his ambitious campaign promise to rapidly carry out mass deportations may take precedence over giving immigrants the right to due process under the Constitution, as required by the courts. He has portrayed his efforts to bypass due process as necessary for national security.
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Frequently asked questions
Trump has said that he "doesn't know" if it is his job to uphold the U.S. Constitution as President. He has also said that he doesn't know if he needs to uphold constitutional due process, particularly when it comes to giving immigrants the right to due process.
The Constitution of the United States of America is the supreme law of the United States. It is the source of all government powers and provides important limitations on the government to protect the fundamental rights of U.S. citizens.
Trump has said that he does not intend to seek a third term as President, acknowledging that this is prohibited by a constitutional amendment passed in 1947. However, he has also stated that he is not sure if this prohibition is constitutional.
Trump has said that his administration will follow the Supreme Court, but that he and his staff may interpret its rulings differently. He has also claimed that the Supreme Court ruled in his favour when it voted 9-0 to order the White House to facilitate the return of a wrongfully deported man, which is false.
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