
In a May 2025 interview with NBC's Kristen Welker, President Donald Trump expressed uncertainty when asked if he, as president, needed to abide by the US Constitution and uphold the rights it provides. Trump's response, I don't know, sparked controversy and criticism, with some interpreting it as a refusal to commit to upholding the Constitution. This incident is part of a broader pattern of Trump's administration, including his comments on due process rights, deportation, and the potential for a third term, which has raised questions about his commitment to constitutional principles and the rule of law.
| Characteristics | Values |
|---|---|
| Failure to uphold due process rights | Trump is unsure if he backs constitutional due process rights for US citizens and noncitizens alike. |
| Disregard for the 22nd Amendment | Trump has repeatedly suggested he could seek a third term in office, despite the 22nd Amendment prohibiting this. |
| Disregard for the 5th Amendment | Trump is noncommittal about whether US citizens and noncitizens deserve due process as laid out in the 5th Amendment. |
| Disregard for the 14th Amendment | Trump's deportation of undocumented immigrants without due process contradicts the 14th Amendment's guarantee of "equal protection of the laws" for all persons within US jurisdiction. |
| Usurping congressional powers | Trump has unilaterally abolished statutory requirements and defied Supreme Court orders, usurping lawmaking powers that belong to Congress. |
| Disdain for the free press and independent thought | Trump has engaged in a calculated disparagement of the free press, universities, and other bodies committed to free and independent thought. |
| Concentration of power | Trump has concentrated power over foreign and domestic policymaking in his hands, assuming authority beyond what is granted by the Constitution. |
| Authoritarian tendencies | Trump's actions and rhetoric, such as his comments on annexing Canada, suggest a move towards authoritarianism and contempt for the rule of law. |
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What You'll Learn

Trump's refusal to commit to upholding the Constitution
In a May 4, 2025, interview with NBC's Kristen Welker, President Donald Trump was asked whether he needed to uphold the Constitution of the United States. Shockingly, Trump responded, "I don't know." He added that his lawyers "are obviously going to follow what the Supreme Court said."
Trump's response came after a series of questions regarding the right to due process for people in the US, including US citizens, noncitizens, and undocumented immigrants. When pressed on whether both US citizens and noncitizens deserve due process as laid out in the Fifth Amendment of the Constitution, Trump was noncommittal, saying, "I don't know. I'm not, I'm not a lawyer. I don't know."
Trump's expression of doubt about his duty to uphold the Constitution cannot be dismissed as indifference. Instead, it reveals his disdain for the constitutional system of separation of powers, checks and balances, and enumeration of powers. He has unilaterally abolished statutory requirements, defied Supreme Court orders, and engaged in a calculated disparagement of the free press, universities, and other bodies committed to free and independent thought.
Trump's comments have sparked criticism and concern, with some accusing him of taking the country down an authoritarian path. However, Republicans have largely been silent on the matter, refusing to defend the Constitution and their institutional powers.
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Trump's indifference to the Constitution's separation of powers
Trump's actions further demonstrate his disregard for the separation of powers. He has repeatedly railed against political critics, pulled security clearances, and vowed investigations, reflecting an authoritarian approach. Additionally, Trump has usurped congressional powers, including lawmaking and appropriations, and unilaterally abolished statutory requirements. He has also defied Supreme Court orders, specifically regarding due process rights for immigrants, and engaged in disparagement of the free press and institutions of independent thought.
The president's role in the US system is to execute the laws passed by Congress and enforce the Constitution. Trump's indifference to the Constitution's separation of powers undermines the checks and balances inherent in the US system of government. This indifference is further highlighted by his comments on serving a third term as president, which is prohibited by the 22nd Amendment. While Trump has denied intentions to seek a third term, his statements suggest a willingness to consider it, reflecting a potential disregard for constitutional constraints.
Trump's response to questions about his commitment to the Constitution and his actions in office indicate a troubling indifference to the separation of powers. This indifference has implications for the balance of power between the branches of government and the protection of individual rights and liberties. It remains to be seen whether Trump's actions will lead to a significant shift in the interpretation and application of constitutional principles.
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Trump's dismissal of constitutional limitations
During his presidency, Donald Trump has been accused of failing to uphold the US Constitution and disregarding constitutional limitations. In a 2025 interview with NBC's "Meet the Press", Trump was asked whether he needed to uphold the Constitution, to which he replied, "I don't know". This response sparked controversy and criticism, with many pointing out that Trump had pledged to preserve, protect, and defend the Constitution during his swearing-in ceremony.
Trump's actions have been characterised as an "audacious reconstruction of the Constitution", with critics arguing that he assumes power beyond the authority granted by the Constitution. He has been accused of usurping congressional powers, unilaterally abolishing statutory requirements, and defying Supreme Court orders. Trump's administration has also been criticised for its failure to honour the rulings of the Supreme Court, particularly regarding due process rights for deported individuals.
Trump's response to these accusations has been to emphasise his reliance on the interpretations of his lawyers and the Supreme Court. He has also played down the possibility of seeking a third term, stating that he plans to "turn it over to somebody else". However, his noncommittal attitude towards upholding the Constitution and his dismissal of constitutional limitations have raised concerns about his commitment to the rule of law and the separation of powers.
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Trump's failure to uphold due process rights
During his presidency, Donald Trump has made several statements and taken actions that have been perceived as a failure to uphold due process rights as laid out in the US Constitution.
One notable example is the case of Kilmar Abrego Garcia, a Salvadoran man living in Maryland who was mistakenly deported to El Salvador and imprisoned without communication. Despite a Supreme Court order for the administration to facilitate Abrego Garcia's return, Trump refused to commit to upholding the constitutional right to due process for both citizens and noncitizens. In an interview with NBC's "Meet the Press", Trump was asked whether US citizens and noncitizens deserve due process as outlined in the Fifth Amendment, to which he responded, "I don't know. I'm not, I'm not a lawyer. I don't know." This noncommittal response sparked criticism from those who interpreted it as a refusal to uphold the Constitution, a document he pledged to preserve, protect, and defend during his swearing-in ceremony.
Trump has also faced scrutiny for his stance on immigration and deportation. He has repeatedly expressed his intention to deport millions of undocumented immigrants, referring to them as "some of the worst people on Earth." This stance raises concerns about the denial of due process rights to these individuals, as they are not afforded their legal rights under the Fifth and Fourteenth Amendments. Trump's comments suggest that he prioritizes his political goals over upholding the Constitution, which has led to accusations of authoritarianism.
Furthermore, Trump has made controversial statements about potentially seeking a third term as president, which is prohibited by the Twenty-Second Amendment. While he later downplayed this idea, it still caused concern among critics. Additionally, Trump's frequent railing against political critics, including pulling security clearances and threatening investigations, has been viewed as a form of retribution for speaking against him, which is a violation of the First Amendment right to freedom of speech.
Overall, Trump's ambiguous stance on due process rights and his controversial actions as president have led to concerns about his commitment to upholding the US Constitution. His responses to these concerns have often been noncommittal, and his actions have sometimes contradicted the fundamental rights and principles enshrined in the Constitution.
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Trump's suggestion of a third presidential term
In an interview with NBC's "Meet the Press", President Trump denied that he was considering a third presidential term, a move that experts agree is banned under the US Constitution. The 22nd Amendment of the Constitution states that "No person shall be elected to the office of the President more than twice".
Trump 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 after his second term ends in January 2029.
Trump told NBC there is considerable support for him to run for a third term. But this is not something I'm looking to do, Trump said. "I'll be an eight-year president, I'll be a two-term president. I always thought that was very important," he continued. "I'm looking to have four great years and turn it over to somebody, ideally a great Republican, a great Republican to carry it forward."
Trump has named a couple of people he thinks could succeed him as the party's standard-bearer, including Vice President JD Vance, who is considered the odds-on favorite as the 2028 Republican Presidential nominee. Trump has also said that Secretary of State Marco Rubio could be a potential successor.
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Frequently asked questions
No. When asked if he needed to uphold the Constitution, Trump said, "I don't know".
Trump's response is significant because, as president, he pledged to preserve, protect, and defend the Constitution as part of his swearing-in ceremony. His expression of doubt about his duty to uphold the Constitution indicates a disdain for the constitutional system of separation of powers, checks and balances, and enumeration of powers.
Trump has usurped fundamental congressional powers, including lawmaking, appropriations, and appointments. He has unilaterally abolished statutory requirements, defied Supreme Court orders requiring adherence to due process, and engaged in a calculated disparagement of the free press, universities, and other bodies committed to free and independent thought.
There has been stunning silence from Republicans and members of Idaho's congressional delegation.

























