Jonah Patel
Since his return to office in January 2025, Donald Trump has been accused of attempting to pervert the US Constitution. In a TV interview, Trump said I don't know when asked if he needed to uphold the US Constitution when it comes to giving immigrants the right to due process. He has also been criticised for undermining the separation of powers by attempting to centralise power over American life, sidelining Congress, circumventing the courts, and enforcing unfettered control over the executive branch. Trump's supporters argue that centralising power in the presidency will restore the Constitution's vision of checks and balances. However, many experts believe that Trump's actions differ from his predecessors and amount to a power grab, a constitutional crisis, or even a coup.
| Characteristics | Values |
|---|---|
| Executive orders undermining the constitution | Abolish birthright citizenship |
| Erase civil rights legislation | |
| Reverse statutory efforts to curb climate change | |
| Stop payments to federal programs | |
| Centralizing power over American life | |
| Circumvent the courts | |
| Enforce untrammeled control over the executive branch | |
| Mobilize against state and local governments | |
| Mobilize against civil society | |
| Mobilize against law firms, universities and nonprofit groups | |
| Refusal to uphold constitutional due process | |
| Refusal to commit to upholding the constitution | |
| Advocating for the "unitary executive theory" | |
| Violating the First Amendment |
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What You'll Learn
Trump's refusal to commit to upholding the Constitution
On May 5, 2025, Donald Trump said "I don't know" when asked whether he needed to uphold the US Constitution regarding giving immigrants the right to due process. This was in response to the Supreme Court ruling that his administration must facilitate the return of Kilmar Abrego Garcia, a Maryland man who was deported without due process and mistakenly sent to a prison for terrorists in El Salvador.
Trump's non-committal response is part of a pattern of behaviour that suggests he is unwilling to be bound by constitutional constraints. He has expressed his desire to stay in office beyond the constitutionally mandated two-term limit and has taken numerous blatantly unconstitutional actions, such as attacking judges, calling for their impeachment, and ignoring Supreme Court rulings. Trump's executive orders have also been described as creating an "alternative constitutional reality", with his advocacy for the unitary executive theory seeking to place primacy on executive power, free from constraints imposed by Congress or the courts.
Trump's comments and actions indicate a disregard for the constitutional order and the separation of powers it establishes. His ambiguity regarding his commitment to the Constitution is particularly concerning given his position as President, raising questions about his respect for the rule of law and the protection of individual rights.
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Trump's counter-constitution
On 20 January 2025, Donald Trump began his second term as US president with a series of executive orders that undermined many of the certainties of the American constitutional system. These orders, which are part of what has been called a "counter-constitution", advocate for the ""unitary executive theory", which seeks to consolidate executive power in the president, free from constraints imposed by Congress or the courts.
Trump's supporters argue that this centralization of power will restore the Constitution's vision of checks and balances. However, critics, including historians and constitutional experts, believe that Trump's attempt to consolidate power goes beyond that of his predecessors and will ultimately destabilize the constitutional system. They point to Trump's dismissal of the separation of powers, his efforts to sideline Congress, and his attacks on institutions and individuals he considers hostile, such as Harvard University, Bruce Springsteen, and Taylor Swift.
Trump has also been accused of undermining the rule of law and violating the Constitution by illegally diverting funds from federal programs, firing career civil servants without cause, and blocking the security clearances of attorneys who have represented his political opponents or investigated his actions. In one instance, a federal judge blocked an executive order targeting the law firm Jenner & Block LLP, stating that it was ""doubly violative of the Constitution".
Trump has also refused to commit to upholding the Constitution, responding with "I don't know" when asked if he felt it was his duty as president. This has led to criticism from both Republicans and Democrats, with some accusing him of treating the Constitution as optional and only important when it aligns with his political goals.
Overall, Trump's counter-constitution, marked by his pursuit of centralized power and dismissal of established norms, presents a significant challenge to the traditional understanding of the US constitutional system.
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Trump's campaign against the separation of powers
Since his return to office in January 2025, Donald Trump has been accused of waging a campaign against the separation of powers, with his administration spraying attacks on institutions and individuals he considers hostile. Trump has targeted universities, law firms, musicians, and companies with his belligerent approach.
Trump has also taken steps to block the security clearances of attorneys who have represented his political opponents, filed lawsuits against him, or investigated his actions. This has been seen as an attempt to chill legal representation and insulate the Executive Branch from judicial checks, which are fundamental to the separation of powers.
Trump's supporters argue that centralizing power in the presidency will restore the Constitution's vision of checks and balances. Russell Vought, an architect of Trump's second term, claims that liberals have "radically perverted" the founders' plan by diminishing the president and Congress, shifting influence towards "all-empowered career 'experts'" in federal agencies. Trump himself has stated, "I have an Article II (of the Constitution), where I have the right to do whatever I want as president."
However, critics argue that Trump's attempt to centralize power over American life is unprecedented in its scope and differs from his predecessors. He has shown a determination to sideline Congress, circumvent the courts, and enforce control over the executive branch, mobilizing against state and local governments, civil society organizations, and private groups.
Trump has also been criticized for refusing to commit to upholding the Constitution. When asked if he needed to uphold the US Constitution regarding immigrants' right to due process, Trump responded, "I don't know." He has also pardoned violent criminals, illegally taken funds from programs, and fired career civil servants without cause, further undermining the rule of law.
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Trump's undermining of the rule of law
On 20 January 2025, Donald Trump began his second term as US president. Since then, he has been accused of undermining the rule of law and seeking to pervert the US Constitution.
Trump has been criticised for his use of executive orders, which some claim have "destroyed many of the certainties of the American constitutional system". These orders have targeted birthright citizenship, civil rights legislation, gender equality, and efforts to curb climate change. He has also been accused of blocking the security clearances of several attorneys and attempting to punish law firms that have represented his political opponents or investigated his actions.
Trump and his administration have also made statements indicating a desire to centralise power in the presidency and sideline Congress and the courts. This includes advocating for the unitary executive theory, which seeks to give primacy to executive power over constraints from Congress or the courts. Trump himself has stated that he has "the right to do whatever I want as president", indicating a disregard for the separation of powers and checks and balances inherent in the US constitutional system.
Trump has also refused to commit to upholding the Constitution, responding with "I don't know" when asked if he felt it was his duty as president. He has also indicated a willingness to stay in office beyond the constitutionally mandated term limit, and some of his supporters have called for a constitutional amendment to allow him to serve a third term.
These actions and statements have led to concerns that Trump is undermining the rule of law and the foundations of American democracy. While some analysts believe that the Supreme Court will ultimately resist Trump's excesses and limit his power, others are less optimistic, given the current Republican-appointed majority in the Court.
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Trump's refusal to uphold constitutional due process
In a TV interview with NBC's "Meet the Press" in May 2025, President Donald Trump expressed uncertainty about his duties to uphold due process rights guaranteed by the US Constitution. When asked if US citizens and noncitizens deserve due process, Trump replied, "I don't know. I'm not a lawyer. I don't know." This response raised concerns, as the right to due process is a fundamental protection against arbitrary government actions. Trump's comments come amid his administration's controversial approach to due process and other constitutional rights.
Trump's refusal to commit to upholding due process rights for immigrants is particularly notable given his long-promised campaign of mass deportations. His administration has also offered financial incentives for undocumented immigrants to self-deport, further calling into question their commitment to due process. Trump's stance on due process has been criticized by legal experts, including Georgetown University constitutional law professor Steve Vladeck, who asserts that upholding the Constitution is a non-negotiable duty of the presidency.
Trump's ambiguity on due process aligns with a broader pattern of his administration's contentious relationship with the US Constitution. Since taking office for his second term in January 2025, Trump has issued a barrage of executive orders that challenge established constitutional norms. These orders have targeted birthright citizenship, civil rights legislation, gender equality, and climate change initiatives. Additionally, Trump has expressed interest in serving a third term as president, which is prohibited by the 22nd Amendment.
Trump's actions and statements have sparked concerns about a potential power grab and a constitutional crisis. Judges have also warned Trump against violating the Constitution, such as in the case of his executive order targeting the law firm Jenner & Block LLP, which was blocked by a federal judge as "doubly violative of the Constitution." Trump's advocacy for the unitary executive theory further underscores his desire for unfettered executive power, unconstrained by Congress or the courts.
Trump's refusal to unequivocally uphold constitutional due process, coupled with his administration's actions, has led to worries about the preservation of democratic institutions and the rule of law in the United States.
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Frequently asked questions
No, but he has refused to commit to upholding it. When asked if he needed to uphold the US constitution when it comes to giving immigrants the right to due process, Trump responded, "I don't know". He has also said that he sees himself as leaving office at the end of his second term, acknowledging the constitutional constraints that prevent him from seeking a third.
Yes, according to many historians and constitutional experts, Trump has taken several unconstitutional actions since taking office. For example, he has pardoned violent criminals, dissolved federal agencies, and taken taxpayer money from communities. A federal judge also blocked an executive order from Trump that aimed to punish the law firm Jenner & Block LLP, saying it was “doubly violative of the Constitution”.
Trump has shown a clear campaign against the separation of powers. He has tried to sideline Congress, circumvent the courts, enforce untrammeled control over the executive branch, and exert influence over state and local governments, civil society, universities, law firms, and private companies. He has also advocated for the “unitary executive theory”, which seeks to place primacy of executive power over constraints from Congress or the courts.
Trump's supporters argue that centralizing more power in the presidency will restore the Constitution's vision of checks and balances. They claim that liberals "radically perverted" the founders' plan by diminishing the power of the president and Congress, and that Trump is trying to restore the proper balance to the system.
