Isabella Carter
Since his inauguration, President Trump has been accused of violating the US Constitution and federal law. From his inaugural address to his second term in office, Trump has issued a series of executive orders that have been deemed unconstitutional by legal experts and federal judges. Trump's actions have included banning birthright citizenship, freezing federal spending, dismissing members of federal agencies, and issuing executive orders that target law firms representing clients affiliated with the Democratic Party. These moves have been interpreted as a blatant disregard for the rule of law and an attempt to expand presidential powers beyond what is permitted by the Constitution. While some have argued that Trump's actions are unprecedented, others have drawn comparisons to historical figures such as Andrew Jackson and Richard Nixon. The consequences of Trump's actions remain to be seen, but they have undoubtedly sparked debates about the limits of presidential power and the role of the courts in upholding constitutional checks and balances.
| Characteristics | Values |
|---|---|
| Pardoning violent criminals | Hundreds |
| Stealing funds from American families and businesses | Yes |
| Firing career civil servants without cause | Yes |
| Dissolving federal agencies | Yes |
| Taking taxpayer money from communities | Yes |
| Banning birthright citizenship | Yes |
| Firing inspectors general | 18 |
| Freezing federal spending | $1 trillion |
| Dismissing members of the National Labor Relations Board | Yes |
| Dismissing members of the Equal Employment Opportunity Commission | Yes |
| Violating the Public Broadcasting Act | Yes |
| Violating the First Amendment | Yes |
| Violating the Eighth Amendment | Yes |
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What You'll Learn
Trump's violation of the Emoluments Clause
The Emoluments Clause is the US Constitution's guardrail against presidential corruption. There are two such provisions in the Constitution: a foreign and a domestic one. The latter sets the president's salary and prohibits the federal government and the states from giving the president a raise or bonuses. The Foreign Emoluments Clause applies to federal officials, including the president, prohibiting them from accepting money or gifts from foreign governments without permission from Congress.
Donald Trump has been accused of violating the Emoluments Clause since the beginning of his presidency. This is due to his decision to retain ownership and control of his business empire, which went against long-standing historical practice and the advice of career government ethics officials. Trump's businesses raked in money from constitutionally prohibited sources, including foreign governments.
One example of this is when the president of Ukraine tried to curry favour with Trump by mentioning that he patronized Trump's business. While this incident might not constitute a strict constitutional violation, it still represents a significant violation of the spirit of the Constitution.
Another incident involves Saudi lobbyists, bankrolled by their government, who paid for rooms at the Trump International Hotel, spending almost $300,000 in three months. This incident is an apparent breach of the Foreign Emoluments Clause.
In January 2024, Rep. Jamie Raskin sent a letter to former President Donald Trump demanding he return $7.8 million he admitted to accepting from foreign governments without Congressional consent, in violation of the Foreign Emoluments Clause. The letter also requested a full accounting of the total amount of foreign emoluments Trump accepted, as the current numbers represent only a fraction of his total take.
Trump's conduct has undermined public faith in the government and normalized levels of corrupt and unethical behaviour. His actions have also weakened respect for the law and the Constitution.
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Trump's disregard for the rule of law
Trump has also been accused of violating the Constitution's conflict-of-interest law, the "emoluments" clause, by retaining full ownership of the Trump Organization and assigning operational responsibility to his sons, Eric and Donald Jr. This has raised concerns about potential conflicts of interest and transparency issues, as Trump is not required to disclose his business dealings or release his tax returns.
In addition, Trump has attempted to freeze federal spending, which legal experts argue violates Congress's exclusive "power of the purse" and the 1974 Impoundment Control Act. This move was seen as an effort to ignore Congress's constitutional authority and expand his own power. Trump has also issued executive orders that instruct federal workers to prioritise his orders over all other sources of law, leading to the firing or resignation of many federal workers who refused to comply.
Trump's actions have been described by Laurence Tribe, a leading constitutional scholar, as a ""blitzkrieg on the law and the constitution," weakening the rule of law and respect for it. Other legal experts and historians have expressed similar concerns, highlighting how Trump's violations of the Constitution and federal law are unprecedented in modern times.
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Trump's executive orders and their constitutionality
In the first 100 days of his presidency, Donald Trump issued 124 executive orders—a record-breaking number. These orders have been described by some as a "'blitzkrieg' on the law and the constitution".
Trump's executive orders have impacted a wide range of policy areas, including immigration, public schools, diversity programs, and education. Many of these orders have been challenged in court, with federal judges describing them as unconstitutional and an "abuse of power".
Trump's critics argue that the volume of his executive orders amounts to an "overreach" and an abuse of power. They claim that he has undermined the Constitution and violated federal law through actions such as banning birthright citizenship, firing inspectors general, freezing federal spending, and dismissing members of government boards.
Trump's administration has defended the executive orders, instructing federal workers that these orders take precedence over all other sources of law. Those who refuse to honour the orders have faced consequences, including termination or administrative leave.
While executive orders can be lawful, Trump's orders have raised concerns about potential violations of the Constitution and federal laws. Constitutional scholars warn that the high number and scope of Trump's executive orders pose a challenge to the rule of law in the United States.
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Trump's violation of the First Amendment
The First Amendment of the US Constitution protects freedom of speech, freedom of the press, freedom of religion, and freedom of assembly. It is the most prominent amendment regarding civil liberties in US law.
During his 2024 campaign, Donald Trump positioned himself as a protector of free speech and a champion of the First Amendment. However, critics argue that his actions threaten free speech and that he has attacked the First Amendment since taking office.
Trump's administration has revoked visas and green cards from supporters of Hamas, a group designated as a terrorist organization by the US. While Secretary of State Marco Rubio denied that this policy threatened the First Amendment, some Trump allies expressed discomfort with the approach.
Trump has also made pledges suggesting he might oppose some of the First Amendment's fundamental protections. For example, he has threatened to deport foreign students who protested Israel, which could be seen as a violation of free speech and assembly rights.
Trump's administration has also targeted law firms for their affiliations with Democrats or the previous administration, stripping security clearances for lawyers who provided legal services for special counsel Jack Smith, who investigated Trump during President Joe Biden's term. Perkins Coie, a Democratic law firm, sued the administration, arguing that this action violated the First Amendment and other constitutional guarantees.
Additionally, Trump's use of the Espionage Act to prosecute government leakers and journalists has been viewed as a threat to the press and its sources.
Legal scholars and historians have expressed concern that Trump's actions weaken the rule of law and respect for the Constitution. While Trump has not been charged with violating the First Amendment, his conduct and statements have prompted criticism and legal challenges.
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Trump's violation of the Fifth Amendment
The Fifth Amendment to the U.S. Constitution establishes a number of rights related to legal proceedings, including that no one "shall be compelled in any criminal case to be a witness against himself". In other words, criminal defendants don't have to give damning testimony in their own cases.
Former President Donald Trump invoked the Fifth Amendment during questioning under oath in New York's civil investigation into his business practices. Trump's son, Eric, also invoked the Fifth Amendment during his 2020 deposition.
Trump's FBI Director, Kash Patel, has been accused of interpreting the Fifth Amendment to suit the administration's agenda. When questioned by Senator Jeff Merkley about the constitutional right to due process of people deported under the Alien Enemies Act of 1798, Patel refused to confirm that an investigation would be launched into the reported violation of due process. Patel's response has been interpreted as a contradiction of legal precedent, with concerns that he is interpreting the law and federal court rulings to suit the administration's mass deportation agenda.
Trump has also been accused of violating the Fifth Amendment by targeting law firms that have represented his political opponents, supported causes he does not like, or employed attorneys who have crossed him. A federal judge listed eight ways in which Trump's actions violated the Constitution, including infringing on the First Amendment right to freedom of association and the Sixth Amendment right to counsel.
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Frequently asked questions
Yes, Trump is still violating the Constitution.
Trump has shown a greater willingness than his predecessors to violate the Constitution and federal law. He has done this through a series of executive orders that target his political opponents, including law firms representing clients affiliated with the Democratic Party and former Democratic officials. He has also pardoned violent criminals, fired public servants, dissolved federal agencies, and taken taxpayer money from communities.
Members of Trump's administration and other branches of the government must step in to stop him. If they fail to do so, it falls to the courts to fulfil their constitutional role in policing the executive branch when it violates the Constitution and the laws enacted by Congress.
