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 is the most lawless and scofflaw president in US history. Trump's controversial actions include freezing federal spending, dismantling agencies, and firing government employees. He has also been criticised for his attempts to end birthright citizenship and delay compliance with subpoenas, as well as his disregard for the separation of powers and federalism. These actions have led to concerns about a potential constitutional crisis and the expansion of executive power beyond what is outlined in the Constitution.
| Characteristics | Values |
|---|---|
| Violating the separation of powers | Aggrandizing the power of the presidency at the expense of the coordinate branches and states |
| Violating federalism | Challenging congressional subpoenas and a state grand jury subpoena for his financial records |
| Violating the Impoundment Act | Freezing federal spending |
| Violating the constitutional power of Congress | Issuing an unprecedented number of executive orders |
| Violating the constitutional right to birthright citizenship | Banning birthright citizenship |
| Violating the constitutional rights of federal employees | Firing thousands of government employees, inspectors general, and board members of independent agencies |
| Violating the constitutional rights of civil servants | Firing career civil servants without cause |
| Violating the constitutional rights of federal agencies | Dismantling agencies created by acts of Congress |
| Violating the constitutional rights of taxpayers | Stealing funds for programs that help American families and businesses |
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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. Trump has been accused of violating the separation of powers by attempting to seize the powers of Congress and unilaterally transform the federal government.
Trump has been accused of violating the separation of powers by freezing all federal grants and loans across the government, amounting to about $1 trillion. This was purported to stop "Marxist equity, transgenderism, and green new deal social engineering policies". However, this affected everything from education to healthcare and was a violation of Congress's power to appropriate money for the activities of the federal government.
Trump has also been accused of violating the separation of powers by dismantling the US Agency for International Development, firing thousands of government employees, and issuing an unprecedented number of executive orders, including one that aimed to end the practice of birthright citizenship, which is guaranteed by the US Constitution.
Trump's entire presidency has been described as a "stress test" of the structural Constitution, with his aggressive and outlandish constitutional claims in cases like Trump v. Mazars and Trump v. Vance, where he challenged subpoenas for his financial records, violating the separation of powers and federalism.
Trump's actions have been described as a "'blitzkrieg' on the law", with legal experts voicing dismay at his flagrant flouting of the law and the Constitution. His moves have been described as an "anti-constitutional lawbreaking spree", with concerns that he is expanding executive power beyond anything previously seen in American history, threatening the structure of the government as laid out in the Constitution.
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Ignoring Congress's constitutional power
In the first few days of his second term, President Trump's administration was accused of undermining the Constitution and breaking the law. One of the most prominent examples of this was the federal funding freeze, which disrupted Medicaid payments, childcare programs, meals for seniors, housing subsidies, and special education programs. This affected tens of millions, perhaps even hundreds of millions, of people.
This action was seen by some as an attempt to ignore Congress's constitutional power of the purse, and to throw the Impoundment Act out. Under the Constitution, Congress has the power to appropriate money for the activities of the federal government. While presidents from both parties have refused to spend funds, Trump's blanket freeze on spending was a massive legal and constitutional breach.
Trump's entire presidency has been characterised as a stress test of the structural Constitution. He has been accused of exploiting the institutional strengths of the presidency while taking advantage of the weaknesses of the coordinate branches and the states. He has also been accused of damaging the structural Constitution by attacking its fundamental feature: the separation of powers.
Trump's aggressive constitutional claims have been seen as violating the separation of powers and federalism. He has challenged congressional subpoenas and a state grand jury subpoena for his financial records. If he loses in court, he will likely employ some new, novel, and as-yet-unimagined gambit under the guise of executive authority to continue to delay compliance.
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Challenging subpoenas for his financial records
Former US President Donald Trump has been involved in a series of legal battles regarding the blocking of subpoenas for his financial records. Trump has refused to cooperate with investigations into his tax returns, policy decisions, business dealings, and children's security clearances.
In 2019, Trump filed a lawsuit to block subpoenas issued to Deutsche Bank, Capital One, and Mazars USA, arguing that Congress had overstepped its role and was engaging in law enforcement activity. The subpoenas sought banking records of Trump's children and documents related to his businesses. Trump's lawyers claimed that the subpoenas were issued to "harass" and "cause him political damage". However, a federal judge in Manhattan, Judge Edgardo Ramos, ruled against Trump, stating that the subpoenas had a legitimate legislative purpose" and were integral to Congress's investigative power.
Trump suffered another legal defeat when a Washington, DC, federal judge refused to stop one of his accounting firms, Mazars, from complying with a House subpoena. The ruling judge, US District Judge Amit Mehta, appointed by former President Barack Obama, stated that the committee "has shown that it is not engaged in a pure fishing expedition for the President's financial records". Mehta's ruling was praised as "a resounding victory for the rule of law" by Elijah Cummings, the House Oversight Committee Chairman.
Trump's legal battles over subpoenas continued as the Supreme Court agreed to hear his pleas to keep his tax, bank, and financial records private. The confrontation between Trump and Congress had the potential to impact the 2020 presidential campaign. The Supreme Court's rulings against Trump could have resulted in the quick release of personal financial information. Despite Trump's efforts, the Supreme Court rejected his outlandish constitutional claims, reaffirming the fundamental separation-of-powers and federalism principles in the Constitution.
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Pardoning violent criminals
During his tenure as the 45th president of the United States, Donald Trump pardoned or commuted the sentences of several violent criminals. In his first term, Trump granted clemency to 237 individuals, all of whom were charged or convicted of federal criminal offences.
Trump pardoned four Blackwater guards convicted of killing Iraqi civilians in the 2007 Nisour Square massacre. He also pardoned five people convicted as a result of investigations into Russian interference in the 2016 presidential elections. In his last full day in office, Trump granted 143 pardons and commutations, including to his former chief strategist, Steve Bannon, and Trump fundraiser Elliot Broidy.
Trump pardoned almost every person involved in the January 6 Capitol riot, which included individuals with prior criminal convictions for charges such as rape, manslaughter, domestic violence, and drug trafficking. Some defendants with violent criminal histories were also facing additional charges unrelated to the Capitol riot. Despite the pardons, these individuals still faced criminal charges from other alleged incidents.
Trump's pardoning of violent criminals has been criticised for bypassing the established review process and instead granting clemency to well-connected offenders with personal or political connections to him. Legal experts and members of Congress have raised concerns about the potential abuse of power and the impact on the rule of law.
In addition to pardoning violent criminals, Trump has been accused of violating the Constitution in other ways. He has allegedly assaulted various government agencies, attempted to freeze federal grants and loans, and illegally diverted funds from programs intended to assist American families and businesses. These actions have been characterised as an "anti-constitutional lawbreaking spree" that undermines the rule of law and the separation of powers.
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Issuing an unprecedented number of executive orders
During his presidency, Donald Trump issued an unprecedented number of executive orders, which have been described as "a crucial tool" for his administration. On his first day in office, Trump published 26 executive orders, setting the tone for the rest of his term. By 2025, Trump had signed 151 executive orders, compared to 162 by Joe Biden between 2021 and 2025, and 220 between 2017 and 2021.
Trump's use of executive orders has been criticised for being based on personal preference rather than policy priorities. Political scientist Andrew Rudalevige, who specialises in presidential power, noted that some of Trump's orders seemed "more based on personal preference than policy priorities". Rudalevige characterised these as "vengeance orders", targeting specific individuals or firms. He also stated that the use of executive orders by the Trump administration, rather than legislation, was "interesting", given the Republican majority in both chambers of Congress.
Trump's executive orders have had a significant impact on the way the United States is governed, restructuring US foreign and domestic policy. About a quarter of Trump's first 100 executive orders were legally challenged, with some facing multiple challenges. Many of Trump's executive orders have been anti-immigration in nature, targeting diversity, equity and inclusion initiatives, and the rights of transgender people.
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Frequently asked questions
Trump has been accused of violating the constitution several times.
Trump has been accused of violating the constitution by freezing federal spending, attempting to end birthright citizenship, firing government employees, and dismantling agencies created by acts of Congress.
Trump has claimed that his actions are restoring trust and addressing the cost of living.
Legal and constitutional experts have expressed concern over Trump's actions, characterizing them as a "'blitzkrieg on the law'" and an assault on the structural Constitution. Some scholars have warned that Trump's expansion of executive power threatens the structure of the government as laid out in the Constitution.
