Malcolm Rivera
In May 2025, Donald Trump told NBC News' Meet the Press that he did not know if he needed to uphold the US Constitution when it came to giving immigrants the right of due process. This sparked widespread concern and criticism, with some legal scholars warning that the Trump administration's reluctance to comply with court orders could lead to a constitutional crisis. Trump's comments and actions related to his deportation agenda, disregard for constitutional term limits, and refusal to commit to upholding the Constitution have raised serious questions about his commitment to the nation's founding legal document. Federal judges and legal experts have discussed ways to hold the Trump administration accountable, including through contempt rulings and the judiciary's power to issue contempt findings.
| Characteristics | Values |
|---|---|
| Trump's stance on upholding the Constitution | "I don't know" |
| Trump's stance on a third presidential term | "I don't want to get involved in that" |
| Trump's stance on due process for immigrants | Ambiguous, prioritises rapid deportations |
| Legal recourse to hold Trump accountable | Civil and criminal contempt |
| Trump's compliance with court orders | Reluctant or refusing |
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What You'll Learn
Trump's refusal to commit to the Constitution
In May 2025, Donald Trump responded with “I don't know” when asked by NBC News' Kristen Welker' whether he felt it was his duty as president to uphold the US Constitution. This was in reference to his administration's refusal to bring Kilmar Abrego Garcia, a man deported without due process, back from El Salvador, despite the Supreme Court ruling 9-0 that the administration must "facilitate" his return.
Trump has tried to distance himself from the situation, repeatedly stating that it is up to his lawyers. Trump has also expressed his desire to be “king” and stay in office beyond his constitutionally mandated term limit. He has also said that he “doesn't rule out" using military force to control Greenland, indicating a potential refusal to uphold constitutional due process.
Trump's dismissal of the Constitution has been largely defended by Republicans. Rep. Nicole Malliotakis (R-N.Y.) stated, "I think the president knows he needs to uphold the Constitution." However, Trump has taken countless blatantly unconstitutional actions since taking office, including instigating a worldwide economic crisis with unlawful tariffs and deliberately provoking a constitutional crisis with his assault on the federal judiciary.
Trump's actions and statements indicate a disregard for the rule of law and the Constitution, and his administration's reluctance to comply with court orders is a serious concern.
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Trump's dismissal of the Fifth Amendment
In an interview with NBC News' "Meet the Press", President Donald Trump expressed uncertainty when asked if he needed to uphold the US Constitution's Fifth Amendment, which guarantees due process rights for immigrants facing deportation. Trump's response, “I don’t know," indicated a potential dismissal of the constitutional requirement to provide due process for all. This ambiguity has raised concerns among legal scholars and the public, especially in light of Trump's aggressive deportation agenda and his administration's reluctance to comply with court orders in immigration cases.
Trump's reluctance to uphold constitutional due process rights for immigrants has led to concerns about a potential constitutional crisis. Legal scholars and federal judges have warned that the Trump administration's defiance of court orders and reluctance to adhere to rulings could have significant consequences. While the courts can punish the executive branch to force compliance, the situation remains precarious. Trump's ambiguous stance on upholding the Fifth Amendment contributes to the uncertainty surrounding his commitment to constitutional obligations.
To hold Trump accountable for his dismissal of the Fifth Amendment, legal challenges and litigation trackers have been employed. The federal judiciary is willing to issue contempt findings, which have a substantial deterrent power. Additionally, civil and criminal contempt charges can be utilized to force compliance and punish disrespect for court authority, respectively. While Trump's uncertain response regarding the Fifth Amendment may be a legal strategy, it underscores the importance of ensuring that the president upholds the constitutional rights of all individuals, including immigrants facing deportation.
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Trump's deportation of immigrants without due process
One notable case involves Kilmar Abrego Garcia, a Salvadoran man living in Maryland with his family. Despite an immigration judge's order barring his deportation to El Salvador due to the risk of violent persecution, the Trump administration deported him based on unsubstantiated gang affiliation accusations. The Supreme Court ordered the government to facilitate Abrego Garcia's return, but the administration has shown little effort to comply. This case exemplifies the Trump administration's reluctance to uphold the due process rights of immigrants, as guaranteed by the Fifth Amendment.
In another instance, the Trump administration has pressed courts to allow the immediate removal of individuals accused of being members of a Venezuelan gang without providing them with a chance to plead their case. This has resulted in legal challenges and warnings from judges across the political spectrum, appointed by presidents including Trump himself. They argue that the lack of due process in these deportations sets a dangerous precedent that could eventually extend to American citizens.
The Trump administration's stance on immigration has resulted in at least 50 multi-plaintiff legal challenges and several Supreme Court lawsuits. While the Supreme Court has emphasized the right of due process for those facing deportation, the administration continues to explore strategies to expedite removals with minimal due process. This includes increasing the ICE detention budget by up to sixfold to ramp up deportations.
To hold Trump accountable for his deportation policies, judges and legal scholars have emphasized the importance of judicial review and the potential use of contempt rulings. U.S. District Judges, such as James Boasberg and Paula Xinis, have threatened the administration with contempt proceedings for defying orders related to halting deportation flights and facilitating the return of erroneously deported individuals. The federal judiciary's willingness to issue contempt findings serves as a deterrent and underscores the seriousness of the administration's failure to uphold constitutional due process.
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Trump's defiance of court orders
In recent years, there have been several instances of the Trump administration's reluctance or outright refusal to comply with court orders, leading to concerns about a potential constitutional crisis.
One notable case involves Kilmar Abrego Garcia, a Salvadoran man living in Maryland with his family. Despite an immigration judge's order from 2019 barring his deportation to El Salvador, the Trump administration deported him, accusing him of being a member of the MS-13 gang. The administration admitted to an "administrative error" and the Supreme Court ordered Abrego Garcia's return to the US. However, the administration has shown little effort to facilitate his return and has argued that they are not required to do so, even after losing several appeals. This defiance of court orders has been described as a "moment of great constitutional peril" by Praveen Fernandes, vice president of the Constitutional Accountability Center.
In another instance, U.S. District Judge James Boasberg ruled that Trump administration officials could face criminal contempt charges for deporting migrants in defiance of a court order. This ruling sparked a wave of threats and harassment against the judge and his family by Trump supporters. Similar attacks have been directed at the families of at least 11 judges who have ruled against the Trump administration, with some calling for the arrest or even execution of the judges' family members.
Legal scholars and judges have expressed concern over the Trump administration's reluctance to comply with court orders. Retired federal judge Nancy Gertner warned that if Trump directed the Department of Justice not to comply with court orders, it would result in a full-on constitutional crisis. David Noll, a law professor at Rutgers Law School, echoed this sentiment, stating that the administration's argument that they are complying with court orders is "ridiculous."
While the Trump administration has defended its actions, claiming that they are following the advice of lawyers, its refusal to uphold constitutional due process and follow court orders has sparked concerns about the potential consequences for the country's democratic constitutional order.
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Trump's unconstitutional actions
There have been several instances of Trump's unconstitutional actions during his presidency. One of the most prominent examples is his administration's reluctance to comply with court orders, which has led to warnings of a potential constitutional crisis. Federal judges have stated that the Trump administration has not adequately adhered to rulings, and some judges have even threatened the administration with contempt proceedings.
Another instance of Trump's unconstitutional actions is his stance on immigration and due process. Trump has argued that his promise to rapidly carry out mass deportations may take precedence over giving immigrants the right to due process, as guaranteed by the Constitution and court decisions. This includes the deportation of Kilmar Abrego Garcia, a Salvadoran man living in Maryland, who was erroneously deported to El Salvador despite an immigration judge's order barring his removal.
Trump has also taken executive actions that directly violate the US Constitution. For example, he issued an executive order attempting to end birthright citizenship for children of non-citizens, which a federal judge blocked as likely unconstitutional, emphasizing the 14th Amendment's protection of birthright citizenship.
Furthermore, the Trump administration has been accused of weakening democratic institutions, slowing economic progress, rolling back public health and environmental protections, and endangering healthcare and Social Security benefits for millions of Americans. Civil rights groups have filed multiple lawsuits arguing that the administration's actions violate the First Amendment, due process protections, and federal immigration law.
Trump's legal tactics have been widely criticized for reflecting a dangerous willingness to ignore statutory and constitutional constraints. Legal scholars and judges have expressed concern over the administration's refusal to comply with court orders, and some have suggested that this could lead to a full-blown constitutional crisis.
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Frequently asked questions
When asked if he needed to uphold the US Constitution, Trump replied, "I don't know". He has also said that he does not know if US citizens and noncitizens deserve due process as laid out in the Fifth Amendment.
Trump has been accused of taking unconstitutional actions since taking office, including his administration's deportation programme, stripping universities of funding, and attempting to dismantle government agencies. He has also been accused of defying court orders, such as in the case of Kilmar Abrego Garcia, a man who was erroneously deported to El Salvador, and in a separate immigration case involving alleged Venezuelan gang members.
Courts can punish the executive branch to force compliance with court orders. Civil contempt, which is outside of the president's pardon power, can be used to force a party to comply. Criminal contempt, which is subject to a presidential pardon, can be used to punish disrespect of court authority.
Some legal scholars and judges have warned that Trump's reluctance or refusal to comply with court orders could lead to a constitutional crisis. Republicans have largely avoided the issue, with only a few criticizing Trump's comments.
