Simone Lawson
Former US President Donald Trump has been accused of violating the Constitution on numerous occasions, with some legal scholars and historians claiming that he has shown a greater willingness than his predecessors to break the law and disregard constitutional norms. Trump's controversial actions include freezing federal spending, dismantling agencies, firing government employees, and issuing executive orders that challenge the practice of birthright citizenship. These actions have been described as a 'blitzkrieg on the law' and an assault on the structural Constitution. Trump has also been criticized for his attempts to delay compliance with subpoenas and his claims of executive privilege, which some experts believe threaten the separation of powers and federalism. The full extent and impact of Trump's actions on the Constitution remain a subject of debate and concern among legal scholars and historians.
| Characteristics | Values |
|---|---|
| Violating the separation of powers | Challenging congressional subpoenas for his financial records, exploiting the institutional strengths of the presidency, attempting to seize the powers of Congress, expanding executive power |
| Violating federalism | Banning birthright citizenship, freezing federal spending, shutting down federal agencies, firing federal employees |
| Violating the rule of law | Pardoning violent criminals, stealing funds, firing civil servants without cause, dismantling agencies, disobeying court orders |
Explore related products
What You'll Learn
Violating the separation of powers
The US Constitution divides power between the states and the federal government, with federal power further divided between the executive, judicial, and legislative branches. This is to prevent any single government body from gaining too much power.
Trump has been accused of violating the separation of powers by expanding executive power at the expense of Congress and the states. For example, he dismantled the US Agency for International Development, which was a federal agency created by Congress, and fired thousands of government employees. He also attempted to freeze all federal grants and loans across the government, which would have affected everything from education to healthcare. This was a clear violation of the Constitution, as only Congress has "the power of the purse".
Trump has also been accused of abusing the powers of the presidency to avoid scrutiny and accountability. In the cases of Trump v. Mazars and Trump v. Vance, he challenged congressional subpoenas and a state grand jury subpoena for his financial records, arguing that they lacked authority and were designed to enforce the law against him in violation of the separation of powers. This fit a larger pattern in the Trump administration of frustrating congressional investigations by refusing to turn over requested documents or make officials available for questioning.
Trump's actions have led to concerns that he is taking over Congress' core powers, including taxing and spending, and that he is rejecting the structural balance laid out in the Constitution. Legal experts worry that this expansion of executive power could eventually threaten the structure of the government.
Trump's presidency has highlighted the limitations of the current approach to separation of powers conflicts, particularly in areas of overlapping authority between the branches. The Supreme Court's decision in Trump v. United States, which held that the president could engage in certain conduct with immunity, has been criticised as arbitrary and a threat to the separation of powers.
Overall, Trump's actions as president have been seen as a stress test of the US Constitution and a challenge to the separation of powers.
The Constitution: Controlling Factions
You may want to see also
Ignoring Congress's constitutional power
Trump has been accused of violating the Constitution by ignoring Congress's constitutional power. One of the most notable examples of this is his decision to freeze all federal grants and loans across the government, amounting to about $1 trillion. This decision was purportedly made to stop the implementation of "Marxist equity, transgenderism, and green new deal social engineering policies". However, it would have impacted various sectors, including education and healthcare. This move was a significant breach of the Constitution, as it infringed on Congress's "power of the purse".
Under the Constitution, Congress is responsible for appropriating funds for the activities of the federal government. While presidents may refuse to spend funds on certain items, they cannot unilaterally impose a blanket freeze on spending without involving Congress. Trump's actions in this regard were seen as an attempt to expand his power at the expense of Congress and the states, violating the separation of powers and federalism.
Another example of Trump's disregard for Congress's constitutional power is his reaction to subpoenas from Congress requesting his financial records. In the cases of Trump v. Mazars and Trump v. Vance, Trump challenged these subpoenas, arguing that the congressional committees lacked the authority to request his private financial information. He claimed that the subpoenas were designed to enforce the law against the president, which violated the separation of powers. Trump's response fit a pattern in his administration of obstructing congressional investigations by refusing to provide requested documents or make officials available for testimony.
Trump has also been criticized for his rapid-fire and controversial decisions, such as banning birthright citizenship and firing inspectors general, which demonstrate a willingness to violate the Constitution and federal law. His administration has been accused of illegally stealing funds from programs that help American families and businesses, firing career civil servants without cause, and dismantling agencies created by acts of Congress. These actions have led legal experts to warn of a potential constitutional crisis, as Trump appears to be seizing Congress's core powers and unilaterally transforming the federal government.
Trump's disregard for Congress's constitutional power has been described by legal scholars as a "blitzkrieg on the law," with some stating that he is the "most lawless and scofflaw president" in US history. His actions have disrupted critical programs and services, impacting the lives of millions of Americans and undermining the structural balance of power within the government.
IRS and Nonprofits: Constitutional Amendments Needed?
You may want to see also
Pardoning violent criminals
During his presidency, Donald Trump pardoned hundreds of violent criminals. In his first term, he granted clemency 237 times, with the vast majority of pardons and commutations going to people with personal or political connections to him.
Trump pardoned four Blackwater guards convicted of killing Iraqi civilians in the 2007 Nisour Square massacre, white-collar criminals Michael Milken and Bernard Kerik, and Ivanka's father-in-law, Charles Kushner. He also pardoned five people convicted as a result of investigations into Russian interference in the 2016 presidential elections: Michael Flynn, George Papadopoulos, Alex van der Zwaan, Roger Stone, and Paul Manafort.
On his last full day in office, Trump granted 143 pardons and commutations, including to his former chief strategist Steve Bannon, fundraiser Elliott Broidy, and former Republican congressmen Rick Renzi, Robert Hayes, and Randall "Duke" Cunningham. He also commuted the sentences of dozens of people, including former Detroit mayor Kwame Kilpatrick and sports gambler Billy Walters.
Trump pardoned almost every person who participated in the January 6 Capitol riot. These rioters had criminal records that included rape, manslaughter, domestic violence, and drug trafficking. Trump defended his decision by suggesting that evaluating all of the cases individually would have been too difficult. He also claimed that the prison sentences for the January 6 defendants were excessive.
Trump often bypassed the Department of Justice's Office of the Pardon Attorney (OPA), which normally reviews all requests for pardons. Legal experts raised concerns that Trump was "relying on his personal connections rather than the Justice Department's established review process."
Senators' Benefits: What the US Constitution Provides
You may want to see also
Explore related products
Unprecedented executive orders
President Trump's tenure has been marked by numerous allegations of violating the Constitution and the rule of law. One of the most prominent examples of his unprecedented actions is his administration's assault on the structural Constitution. In the cases of Trump v. Mazars and Trump v. Vance, President Trump challenged congressional subpoenas and a state grand jury subpoena for his financial records. Trump's arguments were aggressive and outlandish, plainly violating the separation of powers and federalism. He claimed that the subpoenas were designed to enforce the law against the president, which was a pattern in frustrating congressional investigations by refusing to turn over requested documents.
Trump's actions have also had a significant impact on the functioning of government agencies. He pardoned hundreds of violent criminals, illegally stole funds from programs supporting American families and businesses, and fired career civil servants without cause. The closure of the U.S. Agency for International Development, which provides humanitarian assistance worldwide, was in violation of federal law. Trump's move to freeze all federal grants and loans, amounting to $1 trillion, was another massive constitutional breach. Under the Constitution, Congress holds the power of the purse, and Trump's unilateral action infringed on their authority.
Trump's presidency has been characterised by a stress test of the structural Constitution. His actions often aggrandize the power of the presidency at the expense of coordinate branches and states, violating the separation of powers. He has been accused of exploiting the institutional strengths of the presidency while weakening the position of Congress, the courts, and the states.
The House Committee on Oversight and Reform issued a subpoena for Trump's financial documents to investigate potential illegal conduct, conflicts of interest, and violations of the Emoluments Clauses of the Constitution. Trump responded by filing lawsuits to prevent compliance, further demonstrating his disregard for constitutional norms. These actions have led to accusations of undermining the rule of law and eroding trust in the government.
Understanding Transactions: Grouping Multiple DML Statements
You may want to see also
Delaying compliance with the courts
President Trump's administration has been accused of delaying compliance with the courts on several occasions. One notable example is the case of Trump v. Mazars and Trump v. Vance, where Trump challenged subpoenas for his financial records. Trump's argument was that the subpoenas were designed to enforce the law against the president in violation of the separation of powers. This case fits into a larger pattern of the Trump administration frustrating congressional investigations by refusing to turn over requested documents or make officials available.
In another instance, Trump's administration frozen all federal grants and loans, amounting to about $1 trillion, to purportedly stop "Marxist equity, transgenderism, and green new deal social engineering policies." This move was deemed a massive legal and constitutional breach, as under the Constitution, Congress has the power of the purse. Judges ruled against this decision, but Trump's administration was slow to comply, arguing that it was following its interpretation of the court's "ambiguous" order.
Trump's administration has also been accused of delaying compliance with the courts on issues related to immigration and the right of migrants to challenge their detentions in court. Stephen Miller, a top aide to Trump, argued that the Constitution allows for the suspension of the writ of habeas corpus in times of invasion.
Furthermore, Trump's administration has faced legal challenges and injunctions from judges across the country, with over 200 lawsuits against his administration's actions. Trump himself has expressed frustration with nationwide injunctions, stating that they need to be stopped before it is too late.
The delays in compliance with court orders have led to concerns about the Trump administration's respect for the rule of law and the potential erosion of constitutional checks and balances.
The US Constitution: Amendments and Their Impact
You may want to see also
Frequently asked questions
Trump has violated the constitution countless times, according to legal experts.
Some examples of Trump violating the constitution include freezing federal spending, dismantling the U.S. Agency for International Development, and issuing an executive order to end birthright citizenship.
Legal experts have expressed dismay at Trump's flagrant flouting of the law and the constitution, calling it a "'blitzkrieg' on the law" and an unprecedented expansion of executive power that threatens the structure of the government.
