Eleanor Finch
Since taking office in 2025, President Donald Trump has issued a series of executive orders that threaten to undermine the US Constitution. Trump's actions have sparked widespread concern and legal challenges, with critics arguing that he is expanding executive power beyond anything seen in American history, threatening the constitutional separation of powers. This includes attempts to end birthright citizenship, guaranteed by the Fourteenth Amendment, and interfering with Congress's control of federal funding. Trump has also threatened to take over Washington, D.C., citing public safety concerns, despite limited legal authority to do so. These actions have led to accusations of abusing power and attacking constitutional rights, with legal experts warning of a potential constitutional crisis.
| Characteristics | Values |
|---|---|
| Violation of the First Amendment | Trump's administration has been accused of violating the First Amendment by civil rights groups and legal experts |
| Violation of the Fourteenth Amendment | Trump issued an executive order attempting to end birthright citizenship for children of non-citizens, a direct violation of the Fourteenth Amendment |
| Violation of the Tenth Amendment | Trump's attempts to withhold funding from states and localities to coerce them into complying with his administration's policies violate the Tenth Amendment |
| Expansion of executive power | Trump is accused of expanding executive power beyond what is constitutionally allowed, including by issuing an unprecedented number of executive orders and attempting to take over Congress's powers |
| Interference with federal funding | Trump has attempted to freeze federal funding for states and localities, interfering with Congress's appropriation of funds |
| Threatening to withhold funding | Trump has threatened to withhold funding from schools that do not abandon DEI programs and from "sanctuary cities" |
| Violation of federal law | Trump has fired top officials at independent agencies without following legal requirements, such as providing Congress with 30 days' notice |
| Violation of constitutional rights | Trump's administration has violated constitutional rights such as free speech and due process |
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What You'll Learn
Trump's use of executive orders
Executive orders are a way for the president to order the federal government to take steps within the scope of the executive branch's constitutional authority. They cannot be used to sidestep the checks and balances of the Constitution or take over powers from other branches of government.
Donald Trump has been accused of misusing executive orders to threaten and violate important amendments of the Constitution. In his first week of his second term, he rescinded Lyndon Johnson's executive order requiring government contractors to comply with civil rights obligations. Trump has also used executive orders to attempt to end birthright citizenship for children of non-citizens, a direct violation of the 14th Amendment. This order was blocked by a federal judge, who ruled that it was likely unconstitutional.
Trump has also signed an executive order establishing a task force to address "quality of life" issues in Washington, D.C., including homelessness and graffiti. This has been seen as a way for Trump to take over the district, which has overwhelmingly voted for Democrats in presidential elections. While the president does not have the authority to federalize the district, Trump has deployed the National Guard to D.C. and taken control of the police in a crime crackdown.
In total, Trump signed 191 executive orders in 2025, which have been described as causing chaos, damaging the democratic process, and harming vulnerable communities. Legal experts and civil rights groups have argued that these orders violate the First Amendment, due process protections, and federal laws. Congressman Steve Cohen has strongly condemned these actions, calling them a direct attack on constitutional rights and the rule of law.
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Violation of the Fourteenth Amendment
On 20 January 2025, Donald Trump was inaugurated as President of the United States. In the early days of his presidency, Trump issued a series of executive orders that threatened the US Constitution. One of these executive orders directly violated the Fourteenth Amendment of the Constitution by attempting to end birthright citizenship for children of non-citizens.
The Fourteenth Amendment broadly confers birthright citizenship, and Trump's executive order was ruled unconstitutional by US District Judge Leo Sorokin in Boston, who issued a nationwide preliminary injunction against it. Despite this, Trump's administration continued to defend its authority, and legal challenges remain ongoing. This action by the Trump administration is just one example of its attempts to weaken democratic institutions and rollback protections guaranteed by the Constitution.
In another instance, Trump v. Anderson, the former President was held to be disqualified from holding office under Section 3 of the Fourteenth Amendment. This decision was made by the Colorado Supreme Court and later upheld by the US Supreme Court, which observed that Congress has the power to enforce the Amendment through legislation pursuant to Section 5. Trump's legal team argued that he was not an "officer of the United States" and that federal legislation was needed to enforce Section 3, but these claims were rejected.
Section 3 of the Fourteenth Amendment was adopted after the Civil War to protect American democracy from those disloyal to the Constitution. It bars anyone who swore an "oath ... to support the Constitution of the United States" and then engaged in insurrection or rebellion against the same from holding federal or state office. Trump's role in the January 6th insurrection was deemed to meet this criterion, and he was disqualified from appearing on the 2024 Colorado primary election ballot.
The case for Trump's disqualification under the Fourteenth Amendment sets a precedent for holding government officials accountable and protecting American democracy from authoritarianism.
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Interference with Congress's powers
On 20 January 2025, Donald Trump began his presidency with a series of executive orders that threatened the US Constitution. One of the main concerns regarding Trump's actions is his interference with the powers of Congress, which is the legislative branch of the US government and is designed to act as a check on the executive branch.
Trump has attempted to exert control over Washington, D.C., which has traditionally voted overwhelmingly for Democrats. He has cited public safety and the need to improve the district's "cleanliness" as reasons for a potential federal takeover. However, Trump does not have the authority to federalize the district on his own. Any such attempt would require an act of Congress to overturn the 1973 Home Rule Act, which granted D.C. residents the power to elect their council members and mayor, who pass and implement local laws. Despite this, Trump has deployed the National Guard to D.C. and taken control of the police force, claiming that crime in the district is "totally out of control". Data from the D.C. police, however, shows that violent crime has been declining over the last year and a half.
Trump has also interfered with Congress's powers by signing an executive order titled "Ensuring Accountability for All Agencies". This order requires independent regulatory agencies, such as the Federal Election Commission (FEC) and the Federal Communications Commission (FCC), to submit their major regulations to the White House for review. These agencies were created by Congress to be free from political interference and led by experts in their fields. Trump's order is seen as an illegal power grab, seeking to bend these agencies to his will.
Furthermore, Trump has issued an executive order attempting to end birthright citizenship for children of non-citizens, which is a direct violation of the 14th Amendment. On February 13, 2025, a federal judge blocked this order, ruling that it is likely unconstitutional and emphasising the broad scope of birthright citizenship conferred by the 14th Amendment.
Trump's actions have sparked widespread legal challenges and condemnation. Civil rights groups and legal experts have argued that his administration's actions violate the First Amendment, due process protections, and federal laws. Congressman Steve Cohen has strongly opposed many of Trump's executive orders, calling them assaults on the independence of various professions and the rule of law. Cohen has joined the House Democrats' Rapid Response Task Force and Litigation Working Group to fight back against these abuses of power.
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Threatening to withhold federal funding
Since his inauguration on January 20, 2025, Donald Trump has issued a series of executive orders that threaten the US Constitution. One of the most notable threats is his attempt to unilaterally control state and local funding by withholding federal funding from states and localities that do not comply with his demands. This includes threatening to cut off grants to "sanctuary cities", blocking financial assistance to states that push back against his demands, and freezing federal grants and loans for social services. Trump's actions have been described as unconstitutional and an abuse of presidential power.
The Constitution, Supreme Court precedent, and long-standing federal law stand in the way of Trump's attempts to withhold funding. Courts across the country, including decisions by Trump-appointed judges, have upheld the right of states and localities to refuse to participate in federal immigration enforcement, citing the 10th Amendment and constitutional rights such as free speech and due process. In the case of National Federation of Independent Business v. Sebelius, the Supreme Court ruled that threatening to withhold all Medicaid funding unless states agreed to expand the program was unconstitutional coercion.
Trump's administration has also violated court orders to unfreeze federal funding, and his attempts to control funding have been temporarily blocked by multiple courts. Judge AliKhan wrote that the administration's actions "potentially run roughshod over a 'bulwark of the Constitution' by interfering with Congress's appropriation of federal funds". The funding freeze affects countless organizations that rely on federal grants and loans to provide critical services, and it is considered a threat to the separation of powers between the states and the federal government as laid out in the Constitution.
Trump's threats to withhold funding are part of a broader pattern of executive overreach and attempts to consolidate power. He has deployed the National Guard to Washington, D.C., taken control of the police, and attempted to address quality of life" issues such as homelessness and graffiti. While Trump cites public safety and cleanliness as justifications for his actions, data shows that crime in the district has been declining. Trump's actions in Washington, D.C., and his attempts to control funding at the state and local levels, have sparked concerns about a constitutional crisis and the erosion of democratic institutions.
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Violation of the First Amendment
During his first term, President Donald Trump was criticised for violating the First Amendment by threatening media outlets with revoked licenses, waging a war on the press, demanding loyalty, and attacking those who disagreed with his views on patriotism and dissent. He also threatened to shut down social media platforms that fact-checked him.
Trump has continued to violate the First Amendment during his second term. He has threatened Democratic members of Congress with investigation for criticising conservatives, pulled federal grants that include language he opposes, and sanctioned law firms that represent his political opponents. Trump has also targeted educational institutions, threatening to go after any college that supports protests he deems "illegal". He issued an order forbidding federal funding for what his administration labels "diversity, equity, and inclusion," leading to a freeze on federal grants as the administration reviews them for forbidden words such as "gender".
Trump has also used the levers of governmental power to suppress, dictate, and coerce viewpoints he disagrees with. He has deployed the National Guard and federal law enforcement officers to quell peaceful protests and interfere with journalists reporting on protests. This has resulted in violations of protestors' and journalists' rights under the First Amendment.
Civil rights groups and legal experts have filed multiple lawsuits arguing that the Trump administration's actions violate the First Amendment, due process protections, and federal immigration law. They argue that the administration is using the Alien Enemies Act of 1798, a wartime law, to suppress dissent in peacetime.
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Frequently asked questions
Trump has threatened the 14th Amendment of the Constitution by issuing an executive order attempting to end birthright citizenship for children of non-citizens.
Trump has threatened the 10th Amendment rights of states by attempting to withhold federal funding from states that do not comply with his demands.
Trump has deployed the National Guard to Washington, D.C., and taken control of the police force, citing public safety and a need to address "quality of life" issues such as homelessness and graffiti.
