Simone Lawson
Former US President Donald Trump has been accused of making a mockery of the US Constitution and the rule of law. Trump's critics have pointed to his cavalier disregard for constitutional rules, his flouting of democratic norms, his authoritarian tendencies, and his racism. Trump has demonstrated little respect for the principle of due process for all, calling for the death penalty for Black and brown men before trial and threatening to jail political opponents. He has also made controversial statements about potentially seeking a third term as president, despite the 22nd Amendment's limit of two terms. Trump's administration implemented policies that violated the equal protection clause of the 14th Amendment, such as separating children from their parents in a crackdown on undocumented immigrants. Additionally, Trump has downplayed the importance of upholding constitutional due process rights, expressing uncertainty about whether US citizens and noncitizens alike deserve those guarantees. Trump's former Secretary of Defense, James Mattis, also accused him of ordering American troops to violate the constitutional rights of their fellow citizens.
| Characteristics | Values |
|---|---|
| Disregard for constitutional rule | Trump claimed that he was not obliged to "support the Constitution" as he only took an oath of office to "preserve, protect, and defend" it. |
| Violation of constitutional rights | Ordering American troops to violate the constitutional rights of fellow Americans |
| Lack of respect for constitutional rights | Calling for protesters to be beaten and for Black Lives Matter activists to be shot at demonstrations |
| Violation of the equal protection clause of the 14th Amendment | Administration's fierce crackdown on undocumented aliens and demand for a "total and complete shutdown of Muslims entering the U.S." |
| Abolition of birthright citizenship | Trump declared that he would sign an executive order to abolish birthright citizenship, despite it being a constitutional right. |
| Ignoring, flouting, and violating the Constitution and rule of law | Trump dishonored his oath to uphold the Constitution and the laws of the land within days of taking office. |
| Aggrandized executive power | Vice President JD Vance's statement dismissing the ability of the judicial branch to check the executive branch. |
| Lack of commitment to upholding due process rights | Trump's noncommittal response when asked if U.S. citizens and noncitizens deserve due process as per the Fifth Amendment. |
| Threat to constitutional democracy | Trump's actions and disregard for the Constitution threaten to erode constitutional democracy. |
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What You'll Learn
Trump's disregard for constitutional rule
Former US President Donald Trump has been accused of making a mockery of the US Constitution and the rule of law. In an interview with NBC News' "Meet the Press", Trump was asked whether he had to "uphold the Constitution", to which he replied, "I don't know". He further stated that he was following his lawyers' advice as he tried to execute rapid deportations, arguing that giving immigrants due process was time-consuming.
Trump's cavalier disregard for constitutional rule has been evident in several instances. He has demonstrated little respect for the principle of due process for all, calling for the death penalty for five young Black and brown men before they had even been tried and insisting that his political opponents be jailed based on personal grievances. He has also called for protesters to be beaten at his rallies and suggested that Black Lives Matter activists be shot.
Trump's administration, with his fervent backing, separated children from their parents in a crackdown on undocumented immigrants, and he demanded a "total and complete shutdown of Muslims entering the U.S.", violating the equal protection clause of the 14th Amendment. Trump's actions are also at odds with other key provisions of the 14th Amendment, which sits squarely between his white nationalist and authoritarian dreams.
Trump continues to declare that, if he wins the presidency in 2024, one of his priorities will be to abolish birthright citizenship, which would require a constitutional amendment. He has also repeatedly suggested that he could seek a third term in office, despite the 22nd Amendment of the Constitution stating that "No person shall be elected to the office of the President more than twice."
Trump's former Secretary of Defense, retired Marine Corps General James Mattis, wrote a lengthy statement in response to Trump ordering American troops to violate the constitutional rights of their fellow citizens by clearing protestors from Lafayette Square for a photo op. Mattis said, "We must reject any thinking of our cities as a 'battlespace' that our uniformed military is called upon to 'dominate...At home, we should use our military only when requested to do so, on very rare occasions, by state governors."
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Trump's dismissal of due process
Trump has also made controversial statements about his obligations to uphold due process, stating that he does not know if he needs to abide by them. In an interview with NBC's "Meet the Press," he questioned whether both citizens and non-citizens deserve due process guarantees, claiming that following the law would slow down his agenda. This ambiguity has been reflected in his administration's approach to immigration, where they have sought rapid deportations and the immediate removal of immigrants accused of gang involvement without providing them with their legal right to appear before an immigration judge.
Trump's stance on due process has been criticized by legal experts and raises concerns about the erosion of constitutional democracy. The Supreme Court has pushed back against his administration's attempts to bypass due process, asserting that noncitizens have basic rights that must be respected. Trump's reluctance to commit to upholding due process, as required by the Fifth Amendment, undermines the very foundation of American democracy and the rule of law.
Furthermore, Trump's actions and rhetoric have threatened to normalize a disregard for the Constitution. His former Secretary of Defense, James Mattis, resigned and spoke out against Trump's willingness to deploy troops to violate the constitutional rights of their fellow citizens, as seen during the clearing of protestors from Lafayette Square for a photo opportunity. Trump's dismissal of due process and his attempts to consolidate power have alarmed observers, who worry about the long-term consequences for the country's democratic institutions.
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Trump's threat to democracy
Trump's actions and statements have consistently raised questions about his commitment to upholding the Constitution. He has threatened to invoke the Insurrection Act without a request from state governors and participated in a controversial photo op outside the White House, leading to criticism from his former Secretary of Defense, James Mattis. Additionally, Trump has expressed uncertainty about his duties to uphold due process rights, suggesting that fulfilling his campaign promises may take precedence over constitutional guarantees. He has also threatened to abolish birthright citizenship, which would require a constitutional amendment and conflict with past legal challenges.
Trump's rhetoric and actions have broader implications for democracy. His administration's crackdown on undocumented immigrants, including family separations and his call for a "total and complete shutdown of Muslims entering the U.S.," violated the equal protection clause of the 14th Amendment and demonstrated a lack of respect for constitutional rights. Trump's disregard for the checks and balances system, evident in his response to congressional subpoenas, further weakens democratic institutions and sets a dangerous precedent for future presidents.
Trump's actions have also contributed to the polarisation of American society. His rhetoric, including threats to make Canada the "51st state" and his ambitions for a third term, despite constitutional limits, indicate a willingness to undermine democratic norms. The normalisation of his disregard for the Constitution risks eroding the power and authority of democratic institutions and the rule of law. This has led to concerns about the survival of constitutional democracy and the protection of Americans' rights and liberties.
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Trump's authoritarian tendencies
Trump has also demonstrated a disregard for constitutional rights, due process, and equal protection under the law. He has threatened to invoke the Insurrection Act without a request from state governors, which his former Secretary of Defense, James Mattis, condemned as a "bizarre photo op." Trump has also made controversial statements about his plans to abolish birthright citizenship, deport immigrants without due process, and his desire to seek a third term as president, despite the 22nd Amendment limiting presidents to two terms.
Trump's actions and statements have been seen as a threat to constitutional democracy and the rule of law. His administration's crackdown on undocumented immigrants, including separating children from their parents, and his demand to "shut down Muslims entering the U.S." plainly violate the equal protection clause of the 14th Amendment. Trump's rhetoric and policies have been labeled as racist and cruel, further fueling concerns about his authoritarian tendencies.
Trump's disregard for constitutional norms and his attempts to consolidate power have alarmed observers and scholars. His administration's refusal to comply with congressional subpoenas and his dismissal of concerns about his agenda have weakened the system of checks and balances intended to hold the executive branch accountable. Trump's actions have set a dangerous precedent, normalizing the disregard for the Constitution and eroding the power of Congress to provide oversight.
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Trump's use of executive power
One of the most notable examples of Trump's controversial use of executive power is his approach to immigration and his promise to carry out mass deportations, which he has argued may take precedence over giving immigrants the right to due process under the Constitution. In an interview with NBC News' "Meet the Press", Trump stated that he was following his lawyers' advice and that providing due process to immigrants was time-consuming. He has also been criticised for his administration's policy of separating children from their parents in a crackdown on undocumented immigrants, which violated the equal protection clause of the 14th Amendment.
Trump has also made controversial statements about his potential use of military force, such as his repeated threats to make Canada the "51st state" and his suggestion that the US may need to take over Greenland from Denmark, possibly through military action. These statements have raised concerns about his respect for the sovereignty of other nations and his understanding of the limits of presidential power.
Additionally, Trump has been accused of ignoring or violating the Constitution by refusing to comply with congressional subpoenas and disregarding the courts. This includes his refusal to provide his tax records and business-related information, as well as his administration's defiance of Supreme Court decisions regarding due process rights for immigrants.
Trump's former Secretary of Defense, retired Marine Corps General James Mattis, also criticised Trump for ordering American troops to violate the constitutional rights of their fellow citizens. Mattis specifically condemned Trump's participation in a march from the White House to St. John's Church for a photo op, which required the use of military and mounted police to clear protestors from Lafayette Square.
Trump's actions and statements regarding his use of executive power have led to widespread concerns about the erosion of constitutional democracy and the normalisation of presidential disregard for the Constitution.
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Frequently asked questions
Yes, Trump has made a mockery of the constitution. He has repeatedly ignored or violated the Constitution, threatening the survival of constitutional democracy.
Trump has demonstrated a disregard for constitutional rights, due process, and equal protection. He has also threatened to invoke the Insurrection Act and refused to comply with congressional subpoenas.
When asked if he has to uphold the Constitution, Trump has said, "I don't know." He has also argued that fulfilling his campaign promises may take precedence over giving immigrants due process.
