Simone Lawson
Former US President Donald Trump has never explicitly stated that he would terminate the US Constitution. However, in December 2022, while pushing the false claim that the 2020 election was stolen from him due to widespread voter fraud, Trump suggested that the termination of all rules, regulations, and articles, even those found in the Constitution was justified. This statement was met with widespread criticism from both Democrats and Republicans, who viewed it as an attack on the foundational document of the United States. Trump later attempted to walk back his comments, claiming that the media was trying to convince people that he wanted to terminate the Constitution. In May 2024, Trump again sparked controversy by saying I don't know when asked if it was his job to uphold the Constitution, particularly in regards to giving immigrants the right to due process.
| Characteristics | Values |
|---|---|
| Date | December 2022 |
| Spokesperson's response | "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." |
| Kamala Harris's response | "You know what he says he'll do? Terminate the Constitution of the United States. Right let me remind folks, you know what's in the Constitution of the United States? The Fourth Amendment which protects you against unreasonable searches and seizures, the Fifth Amendment, the Sixth Amendment, the 14th Amendment, and he's going to terminate the Constitution of the United States?" |
| Trump's response | "The Fake News is actually trying to convince the American People that I said I wanted to 'terminate' the Constitution...What I said was that when there is 'MASSIVE & WIDESPREAD FRAUD & DECEPTION,' as has been irrefutably proven in the 2020 Presidential Election, steps must be immediately taken to RIGHT THE WRONG. Only FOOLS would disagree with that and accept STOLEN ELECTIONS. MAGA!" |
| Trump's stance on upholding the Constitution | "I don't know." |
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What You'll Learn
Kamala Harris claims Trump would terminate the Constitution
In October 2024, Kamala Harris stated that Donald Trump would terminate the Constitution if elected president. Harris made the claim during an interview with Charlamagne tha God, asserting that Trump's plans for government included the termination of the Constitution.
In response, Trump denied the accusation, stating that the media was trying to convince people that he wanted to terminate the Constitution. He clarified that he believed the presence of widespread fraud and deception in the 2020 Presidential Election warranted immediate action to correct the alleged wrongdoing.
Trump's comments on the 2020 election results sparked criticism from officials in both parties, who rebuked his call for the termination of parts of the Constitution. Incoming House Democratic leader Hakeem Jeffries described Trump's statement as strange and extreme, while Representative-elect Mike Lawler emphasised the importance of the Constitution in protecting the rights of Americans.
While Trump has not explicitly stated that he would terminate the Constitution, his remarks suggest that he believes the 2020 election justified extraordinary measures, including potentially overriding Constitutional rules and regulations. Trump's stance on upholding the Constitution has been ambiguous, as seen in his responses regarding due process rights for immigrants, where he emphasised following his lawyers' advice and executing rapid deportations.
Harris's claim highlights the concerns surrounding Trump's commitment to Constitutional law and the potential implications for the protection of citizens' rights and freedoms.
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Trump's response to Harris' claims
In October 2024, Kamala Harris stated that Donald Trump would terminate the Constitution if elected president. Harris made this claim in an interview with Charlamagne tha God, where she reminded viewers of the importance of the US Constitution in protecting citizens' rights. Harris's comments came in response to Trump's earlier remarks about the 2020 election results.
Trump responded to Harris's claims in a Truth Social post on December 5, 2022, denying that he wanted to 'terminate' the Constitution. He wrote, "The Fake News is actually trying to convince the American People that I said I wanted to 'terminate' the Constitution." He went on to reiterate his claim that there was "MASSIVE & WIDESPREAD FRAUD & DECEPTION" in the 2020 election and that "steps must be immediately taken to RIGHT THE WRONG." Trump's post received pushback, even from his allies, and he has not repeated or elaborated on these comments since.
Trump's response to Harris's claims must be understood in the context of his broader relationship with the US Constitution. On multiple occasions, Trump has expressed ambiguity about his obligation to uphold the Constitution as president. In May 2024, during an interview with NBC News' "Meet the Press," Trump said, "I don't know" when asked if it was his job to uphold the Constitution. He justified his response by stating that he had ''brilliant lawyers' who would follow the Supreme Court's instructions. Trump's comments specifically pertained to his ambitious campaign promise of rapid mass deportations, which legal experts argued conflicted with the Constitution's guarantee of due process for all individuals, regardless of citizenship.
Trump's ambiguity about upholding the Constitution and his suggestion of terminating parts of it have sparked widespread criticism and concern. Various officials, including spokesman Andrew Bates, have emphasized the sanctity of the Constitution and rebuked any attempts to undermine it. Despite walking back his comments, Trump's statements have been interpreted as a threat to the foundational document of the nation, prompting pushback from both parties.
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Trump's comments on immigrants' rights to due process
In a TV interview with NBC's "Meet the Press" in 2025, President Donald Trump was asked about his duties to uphold due process rights laid out in the Constitution, to which he responded, "I don't know. I'm not, I'm not a lawyer. I don't know." When pressed by moderator Kristen Welker on whether U.S. citizens and noncitizens both deserve due process as outlined in the Fifth Amendment, Trump remained noncommittal. This ambiguity comes amidst Trump's long-promised campaign of mass deportations, where he has been inconsistent about seeking a third term, which is widely seen as unconstitutional.
Trump's comments sparked criticism from both parties, with Rep.-elect Mike Lawler, R-New York, emphasizing the Constitution's role in protecting the rights of every American. Kamala Harris, the Democratic presidential nominee, asserted that Trump intends to terminate the Constitution, specifically targeting amendments spurred by Black people to ensure equal protection under the law.
Trump, in a Truth Social post on December 5, 2022, denied wanting to 'terminate' the Constitution, clarifying that he was referring to taking steps to 'RIGHT THE WRONG' in the case of 'MASSIVE & WIDESPREAD FRAUD & DECEPTION' in the 2020 election. However, his suggestion that the "termination of all rules...even those found in the Constitution" was justified in addressing his unsubstantiated claims of election fraud drew rebuke from officials.
Trump's ambiguous stance on immigrants' rights to due process and his suggestion of potentially terminating parts of the Constitution highlight ongoing concerns about his commitment to upholding the rule of law and protecting the rights of all individuals, citizens, and noncitizens alike.
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Trump's stance on a third presidential term
In May 2025, US President Donald Trump denied considering a third presidential term, stating that he would be a two-term president and that "four years is plenty of time to do something really spectacular". He also listed Republicans who could take his place, including Vice-President JD Vance and Secretary of State Marco Rubio.
Trump's stance on a third term appears to have shifted over time. In 2024, Kamala Harris alleged that Trump would terminate the Constitution if elected president. In December 2022, Trump suggested that the "termination of all rules... even those found in the Constitution" was justified due to his false claim that the 2020 election was stolen. He later attempted to walk back these comments, stating that he did not want to "terminate" the Constitution but rather take steps to "RIGHT THE WRONG" of the allegedly stolen election.
Trump has also sent mixed signals about his commitment to the US Constitution. In 2025, when asked if he needed to uphold the Constitution regarding immigrants' right to due process, he replied, "I don't know". He has also stated that he saw himself as leaving office at the end of his second term, but his company has sold "Trump 2028" hats, sparking speculation about his intentions.
While Trump has acknowledged that a third term is prohibited by the Constitution, he has also suggested that there may be methods to evade this restriction. In November 2024, shortly after being re-elected, he stated, "I suspect I won't be running again unless you say, 'He's so good, we've got to figure something else out'". In March 2025, he said he was "not joking" about wanting a third term and that "there are methods which you could do it". However, in May 2025, he denied seeking a third term, stating, "to the best of my knowledge, you're not allowed to do it".
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Trump's claims of election fraud
In the 2020 US presidential election, Donald Trump refused to concede, alleging widespread and unparalleled voter fraud. Trump's supporters deployed several statistical arguments to cast doubt on the election results. These arguments included claims about Dominion voting machines switching votes from Trump to Biden, suspiciously high turnout in Democratic strongholds, and the supposedly inexplicable failure of Biden to win "bellwether counties". However, there is no evidence to support these claims of systematic voter fraud. Election security laws and practices make widespread fraud unrealistic, and there are protections in place to prevent people from casting multiple ballots.
Trump has a history of making false claims about voter fraud and "rigged" elections. He has criticised California for sending seven ballots to every voter, which is false. While California is one of nine jurisdictions that send a ballot to all registered, active voters, there are protections in place to prevent people from casting multiple ballots. Trump has also spread falsehoods about voting by mail, even though he has used this method himself.
Trump's comments on what he would do to Constitutional law have been ambiguous. In an interview, Kamala Harris stated that Trump would terminate the Constitution if elected president. In response, Trump denied saying he wanted to "terminate" the Constitution, but he suggested that the termination of Constitutional rules was justified in response to the "MASSIVE & WIDESPREAD FRAUD & DECEPTION" in the 2020 election. Trump's statement was criticised by officials from both parties, who described it as a threat to the foundation of American democracy.
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Frequently asked questions
Yes, in December 2022, Trump suggested that the "termination of all rules... even those found in the Constitution" was justified due to his false claim that the 2020 election was stolen from him due to widespread voter fraud.
Trump's comments were rebuked by officials from both parties. Incoming House Democratic leader Hakeem Jeffries described Trump's statement as "strange and extreme", while Rep.-elect Mike Lawler stated that "The Constitution is set for a reason, to protect the rights of every American".
Yes, in May 2024, Trump said "I don't know" when asked if it was his job to uphold the Constitution as president. He argued that fulfilling his campaign promise to rapidly carry out mass deportations may take precedence over giving immigrants the right to due process under the Constitution.
