Trump's Promises: Constitutional Or Not?

is trump s promises allowed by the constitution

During his campaign trail, Donald Trump made several promises, including using the Department of Justice to target critics and former allies, firing radical Marxist prosecutors, and reinstating a 2020 executive order to remove rogue bureaucrats. However, Trump has also been accused of undermining the US Constitution and violating the law through his policies and actions, such as firing public servants, dissolving federal agencies, and attempting to invoke the Insurrection Act. When asked if it was his job to uphold the Constitution, Trump responded, I don't know, creating uncertainty about his commitment to constitutional due process. With lawsuits filed against the Trump administration, the former president's promises and actions have raised questions about the future of American democracy and constitutional rights.

Characteristics Values
Trump's promises regarding a third term Unconstitutional
Trump's promises regarding immigrants' rights Unclear
Trump's promises regarding gender-affirming healthcare Unconstitutional
Trump's promises regarding the justice system Unconstitutional
Trump's promises regarding executive orders Unconstitutional

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Trump's promise to use the Department of Justice to attack critics

During his campaign for a second term, former President Donald Trump made a number of promises, including his promise to use the Department of Justice to attack critics and former allies. In several videos and speeches, Trump laid out plans to overhaul the current justice system by firing "radical Marxist prosecutors that are destroying America." He also said he would appoint a special prosecutor to investigate President Joe Biden and the "entire Biden crime family," and that he would ""totally obliterate the Deep State."

Trump's promise to use the Department of Justice to target his critics has been described as an attempt to criminalize criticism. This has led to concerns about the misuse of power and the punishment of dissent, with some arguing that federal employees may be violating constitutional rights. Trump has been accused of undermining the Constitution and violating the law, including by firing career civil servants without cause and taking taxpayer money from communities.

Trump's directives to target his enemies have faced obstacles, as prosecutors have traditionally only spoken through court filings to investigate crimes, not people. However, Ed Martin, the head of the Justice Department's "weaponization" group, has stated that he plans to use his authority to expose and discredit individuals he believes to be guilty, even without sufficient evidence to prosecute them. This has raised concerns about the weaponization of an institution meant to be de-weaponized.

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Trump's promise to undermine the current justice system

During his 2024 campaign trail, former President Donald Trump made a number of promises, including his plans to undermine the current justice system. Trump has promised to use the Department of Justice to attack critics and former allies. In several videos and speeches, he laid out plans to gut the current justice system by firing "radical Marxist prosecutors that are destroying America". Trump said:

> I will appoint a real special prosecutor to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family. I will totally obliterate the Deep State.

Trump also said in a campaign video that he would reinstate a 2020 executive order to remove "rogue" bureaucrats and propose a constitutional amendment for term limits on members of Congress. Trump's plan to politicize the Justice Department, interfere with prosecutorial discretion, and expand federal influence over local jurisdictions would mark a shift toward draconian policies that research has shown do not make communities safer.

Trump has also been accused of undermining the Constitution in countless ways, including illegally stealing funds from programs that help American families and businesses, firing career civil servants without cause, and dissolving federal agencies. Trump's administration has also been accused of violating the law by taking taxpayer money from communities and pardoning violent criminals.

Trump has refused to clarify whether he intends to uphold the US Constitution, particularly when it comes to giving immigrants the right to due process. When asked if he agreed with his secretary of state, Marco Rubio, who expressed support for the idea, Trump replied: "I don't know. I'm not, I'm not a lawyer. I don't know."

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Trump's promise to reinstate a 2020 executive order to remove rogue bureaucrats

During his 2024 election campaign, Donald Trump promised to reinstate a 2020 executive order to remove "rogue bureaucrats". This order, known as Schedule F, was first authorized by Trump in October 2020 but was never implemented before he left office in January 2021. President Biden rescinded the order as one of his first acts as president.

Trump has stated that he wants to “shatter the deep state" and remove bureaucrats who are “deliberately undermining democracy”. He has also said that he would “wield that power very aggressively”. Trump's plan has identified 50,000 federal employees who could be fired under the proposed new authority, although the intention is to only fire a fraction of that number.

Trump's promise to reinstate the 2020 executive order is part of a broader agenda to “break the bureaucracy”. This agenda includes plans to hobble unions, politicize the nonpartisan civil service, and remake the federal government in the Republican Party's image. Trump has also promised to use the Department of Justice to attack critics and former allies, and to gut the current justice system by firing "radical Marxist prosecutors".

Trump's promises and actions as president have been criticized by some as undermining the US Constitution. For example, he has been accused of violating the law, attacking the Department of Justice, and firing career civil servants without cause. However, Trump himself has expressed uncertainty about whether he needs to uphold constitutional due process, stating that he is “not a lawyer”.

In conclusion, Trump's promise to reinstate a 2020 executive order to remove "rogue bureaucrats" is part of a broader campaign promise to break down bureaucracy and increase presidential power. While the constitutionality of this specific order is uncertain, Trump's promises and actions have been criticized by some as undermining the US Constitution.

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Trump's promise to propose a constitutional amendment for term limits

During his 2024 campaign trail, former President Donald Trump promised to propose a constitutional amendment for term limits on members of Congress. Trump has faced opposition from congressional leaders, including Senate Majority Leader Mitch McConnell, who has the authority to determine what business the Senate takes up. Despite this, Trump's proposal has gained some support in the House, with eight bills introduced by Republican lawmakers, and one by Sen. Ted Cruz, which has secured the co-sponsorship of 10 colleagues.

Trump's promise to propose term limits for Congress is not the first time he has expressed interest in the topic. In April 2018, he met with a bipartisan group of lawmakers who supported term limits for members of Congress. The following month, some of these lawmakers released a proposal to limit senators to two terms and House members to six terms.

Trump's proposal for term limits on Congress is in line with the historical precedent set by former President Franklin D. Roosevelt, who, during his 1944 election campaign, expressed support for a constitutional amendment to limit presidents to two terms. This proposal was approved by the House of Representatives in 1947 and became the 22nd Amendment to the United States Constitution.

Interestingly, despite Trump's support for term limits, there have been calls for him to serve a third term as President. In 2025, Republican Congressman Andy Ogles introduced a resolution seeking to amend the Constitution to allow the President to serve up to three terms. Ogles argued that Trump's "decisive leadership" was necessary to correct the "disastrous course" set by the Biden administration. Trump himself has acknowledged the support for a third term but stated that, to his knowledge, it was not allowed by the Constitution.

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Trump's promise to not allow hospitals to meet federal health and safety standards

During his campaign for the 2024 US presidential election, Donald Trump made a series of promises, including one to not allow hospitals and healthcare providers to meet federal health and safety standards for Medicaid and Medicare if they provide gender-affirming care to youth.

Trump's promise to withhold federal funding from hospitals providing gender-affirming care raises questions about the intersection of healthcare policy, civil rights, and the US Constitution. While Trump's promise may appeal to his conservative base, it is unclear whether such a policy would withstand legal scrutiny.

The US Constitution protects certain fundamental rights, including equal protection under the law and due process. Withholding federal funding from hospitals that provide gender-affirming care could be seen as a violation of the equal protection clause, as it would disproportionately impact LGBTQ+ individuals seeking healthcare. Additionally, it could be argued that denying hospitals federal funding for providing medically necessary care violates due process rights.

Furthermore, Trump's promise may conflict with existing federal laws and policies. The Emergency Medical Treatment and Labor Act (EMTALA), a federal law enacted in 1986, requires hospitals that receive federal funding to treat and stabilize emergency patients or transfer them to another facility. While EMTALA does not specifically mention abortion or gender-affirming care, administrations since George W. Bush have interpreted it to include these services.

Trump's promise to withhold funding from hospitals providing gender-affirming care is part of a broader pattern of his administration's actions that undermine the rule of law and the US Constitution. Critics have accused Trump of violating the Constitution by pardoning violent criminals, stealing funds from programs that help Americans, firing career civil servants without cause, and more.

In conclusion, while Trump's campaign promise to withhold federal funding from hospitals providing gender-affirming care may appeal to his conservative base, it raises serious legal and ethical concerns. Such a policy could face significant legal challenges based on the US Constitution's protections of equal protection and due process, as well as conflict with existing federal laws and policies. Trump's promise is yet another example of his administration's actions that undermine the rule of law and the principles enshrined in the US Constitution.

Frequently asked questions

No, Trump's promise to use the Department of Justice to target critics and former allies is not allowed by the constitution. This is a violation of the law and undermines the U.S. Constitution.

No, Trump's promise to appoint a special prosecutor to go after the Biden family is not allowed by the constitution. This is an unlawful threat and an attempt to silence speech that challenges his discriminatory agenda.

No, Trump serving a third term is prohibited by the 22nd Amendment to the US Constitution, passed in 1947.

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