Eleanor Finch
Former US President Donald Trump has been accused of acting like it was his choice whether to obey the US Constitution. During his time in office, Trump claimed that Article 2 of the Constitution gave him the right to do whatever I want as President, and his administration has been described as repeatedly defying federal courts and wielding vast executive power. Trump's actions have raised concerns about the potential for authoritarianism in the US, with critics arguing that his claims of presidential power exceed those of previous presidents and run against the intentions of the framers of the Constitution. While Trump has not been impeached, Congress still retains the power to do so, and it is up to the judicial system to evaluate whether he has exceeded his constitutional authority.
| Characteristics | Values |
|---|---|
| Constitutional powers usurped | Removal of the Acting Attorney General |
| Pardoning, glorifying, and favoring political allies and friends | |
| Abuse of power | |
| Signing of executive orders | |
| Ambiguity of Article 2 | |
| Abuse of First Amendment rights | |
| Abuse of power in relation to Congress | |
| Abuse of power in relation to the Supreme Court | |
| Abuse of power in relation to the judiciary |
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What You'll Learn
Trump's abuse of power
On December 18, 2019, Donald Trump, serving as the 45th president of the United States, was impeached for the first time. The House of Representatives adopted two articles of impeachment against Trump: abuse of power and obstruction of Congress. The impeachment inquiry found that Trump had solicited foreign interference in the 2020 U.S. presidential election and then obstructed the inquiry itself by telling his administration officials to ignore subpoenas for documents and testimony.
Trump withheld military aid and an invitation to the White House from Ukrainian president Volodymyr Zelenskyy to influence Ukraine to announce an investigation into Trump's political opponent Joe Biden and to promote a conspiracy theory that Ukraine, not Russia, interfered with the 2016 election. This abuse of power was described as "Hitler's style of governance, or Stalin's".
Trump has also been criticised for his use of executive orders, which some claim usurp Congress's power and violate the Constitution. For example, Trump issued executive orders seeking to ban diversity practices at certain educational institutions, prompting a lawsuit from a group of college diversity officers. Trump has also sought to deport individuals without upholding their due process rights, as laid out in the Fifth Amendment of the Constitution.
Trump's advisers have claimed that "all executive power is vested in the one man elected by the whole nation", suggesting that Trump believes he can do "whatever he wants as President". This view has been criticised as creating an American version of the British monarchy, with a single, unaccountable ruler. Trump himself has stated that he does not know if he needs to uphold the Constitution as president, indicating a lack of respect for the rule of law.
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Due process rights
In a televised interview with NBC's "Meet the Press", President Donald Trump expressed uncertainty regarding his stance on upholding constitutional due process rights. When asked if US citizens and noncitizens deserve due process as outlined in the Fifth Amendment, Trump responded, "I don't know. I'm not, I'm not a lawyer. I don't know." Trump's noncommittal response sparked criticism from those who view it as a president's duty to uphold the Constitution, including the due process rights it guarantees.
The Fifth Amendment ensures "due process of law," which grants individuals specific rights when facing criminal charges. Similarly, the 14th Amendment prohibits any state from "deny [ing] to any person within its jurisdiction the equal protection of the laws." Despite Trump's uncertainty about his stance on due process rights, he has asserted his intention to deport "some of the worst, most dangerous people on Earth," blaming the courts for impeding his efforts.
Trump's comments on due process rights come amidst controversy over his administration's approach to immigration and his repeated threats to use military force to annex Greenland and Canada as the 51st state. Trump's suggestion of using military force to acquire new US territory has raised concerns about his commitment to democratic norms and respect for the rule of law.
Trump's ambiguity regarding due process rights for noncitizens aligns with his broader stance on immigration. He has repeatedly questioned the constitutional right to due process, particularly in the context of his administration's efforts to deport individuals. In the case of Kilmar Abrego Garcia, a Salvadoran man mistakenly deported to El Salvador and imprisoned, Trump's administration defied a Supreme Court order to facilitate Garcia's return to the US. Trump characterised Garcia as part of a violent transnational gang, utilising this case to advance his campaign against illegal immigration.
Trump's actions and statements regarding due process rights and other constitutional matters have led to accusations of lawlessness and abuse of power. Critics argue that Trump's behaviour indicates a desire for unchecked authority, unconstrained by constitutional limitations. Trump's supporters, however, defend his actions as a legitimate exercise of executive power.
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Presidential executive orders
During his time in office, President Donald Trump has made extensive use of executive orders to exert his constitutional powers. Trump signed 220 executive orders during his first term from 2017 to 2021, and 151 in 2025 alone. A review of Trump's executive orders reveals a pattern of lawlessness and aggression, with a disregard for the constitutional checks and balances on presidential power.
Trump has claimed that Article 2 of the Constitution gives him the right "to do whatever I want as President," a claim refuted by constitutional scholars and critics who argue that he has exceeded the boundaries of executive authority. Trump's actions have raised concerns about his respect for the rule of law and his commitment to upholding the Constitution. In an interview, when asked if he agreed that everyone in the United States was entitled to due process, Trump replied, "I don't know."
Trump has also faced criticism for his comments on constitutional due process rights, deportation, and his suggestion that he could seek a third term as president, which is prohibited by the 22nd Amendment. His administration's actions have been described as a "rampage of presidential lawlessness", with Trump wielding the powers of the office to persecute his enemies and favour his political allies.
The role of the judicial system, particularly the Supreme Court, in reining in Trump's executive overreach is crucial. While Congress has the power of impeachment, it is up to the courts to evaluate whether Trump has exceeded his constitutional authority and hold him accountable for any abuses of power.
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Supreme Court's role
The Supreme Court's role is to evaluate the constitutionality of the executive branch's actions and to place checks on the president's power. The Court has ruled that the Constitution vests the entirety of the executive power in the President, giving Trump exclusive power to control the execution of the law. However, this power is not without limits, and the Court has yet to fully define the bounds of the President's authority.
The Supreme Court has made limited efforts to rein in Trump's lawlessness, but it is apparent that even this institution cannot stop him. Trump has repeatedly demonstrated his disregard for the rule of law and the Constitution, even claiming that Article 2 of the Constitution gives him the right "to do whatever I want as President."
The Supreme Court has the authority to review and overturn executive orders, such as in the case of Trump's "Travel Ban" in Trump v. Hawaii. The Court upheld the President's relevant "finding" only in the third iteration of the directive, emphasizing its "worldwide" scope.
The Court has also played a role in impeachment proceedings against Trump, with the House of Representatives charging him with abuse of power for soliciting Ukraine's interference in the 2020 election and conditioning official acts on President Zelenskyy's cooperation. Trump's attorneys argued that his political statements were protected by the First Amendment, but this argument did not appear to impact the outcome of the impeachment trial.
In addition to the Supreme Court, Congress also has the power to rein in the President through legislation or impeachment. The judicial system as a whole is responsible for evaluating whether Trump has exceeded his constitutional authority.
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Congress's powers
Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing ones.
Congress writes and debates the laws that govern the United States, and it can override presidential vetoes. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. In addition, there are 6 non-voting members, representing Washington D.C., Puerto Rico, and four other U.S. territories.
Congress has the power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the defence and general welfare of the United States. It can regulate commerce with foreign nations and among the several states, as well as with Native American tribes. Congress can establish uniform rules of naturalization and uniform laws on the subject of bankruptcies throughout the country. It has the power to promote the progress of science and useful arts, by securing for limited times the exclusive rights of authors and inventors to their respective writings and discoveries.
Congress can define and punish piracies and felonies committed on the high seas, as well as offences against the law of nations. It can declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. Congress can raise and support armies, but no appropriation of money for that use shall be for longer than two years. It can also organize and call forth the militia to suppress insurrections and repel invasions.
Congress has the power to shape the judiciary, including the power to impeach and try members of the federal judiciary for "high crimes and misdemeanors". It can also change the size, structure, and jurisdiction of the courts.
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Frequently asked questions
Donald Trump, like all US presidents, has a wide range of constitutional powers. These include the power to issue executive orders, which direct the government to take specific actions.
Yes, during his first two weeks in office, Trump signed nearly 40 executive orders. These covered a range of policy areas, including immigration and public schools.
Yes, executive orders cannot violate the Constitution or federal law. A court can hold that an executive order is unlawful if it does so.
Yes, Trump has been accused of abusing his powers on several occasions. In 2019, the House of Representatives approved two articles of impeachment against him, charging him with abuse of power and obstruction of Congress. Trump was also criticised for his comments suggesting he could seek a third term as President, which would be unconstitutional.
No, although there have been attempts to impeach him, these have been unsuccessful. Trump's attorneys have argued that some of his actions are protected by the First Amendment.
