Simone Lawson
Former US President Donald Trump has been accused of violating the constitution and federal law on numerous occasions. Trump's disregard for the constitution has been described as a blitzkrieg on the law by legal experts. One of the most notable examples of Trump's alleged violations is his attempt to assert immunity from state criminal processes, claiming that congressional committees lacked a legitimate purpose in seeking his records. He has also been criticized for misusing the military for domestic political purposes, illegally reprogramming federal funds, politicizing independent agencies, and violating federal law in areas such as immigration and environmental protection. Trump has issued an unprecedented number of executive orders, including one that aimed to end birthright citizenship, guaranteed by the US Constitution. He has also fired thousands of government employees, including inspectors general and board members of independent agencies, and has placed new conditions on the disbursement of federal funds to control state and private institutions. These actions have led to concerns about a constitutional crisis and a weakening of the rule of law.
| Characteristics | Values |
|---|---|
| Pardoning violent criminals | Hundreds pardoned upon taking office |
| Stealing funds from programs that help Americans | Illegally reprogrammed federal funds |
| Firing career civil servants without cause | Fired thousands of federal workers |
| Politicizing independent agencies | Politicized independent agencies |
| Violating federal law | Openly violated federal law |
| Threatening to withhold federal funds | Threatened to withhold federal funds |
| Violating the separation of powers | Claimed immunity from state criminal processes |
| Assaulting the structural Constitution | Sued to halt subpoenas |
| Dismantling the U.S. Agency for International Development | Shut down an agency established by Congress |
| Issuing executive orders to end birthright citizenship | Issued unprecedented number of executive orders |
| Firing inspectors general | Fired 18 inspectors general |
| Freezing federal spending | Froze trillions in federal spending |
| Dismissing members of the NLRB and EEOC | Dismissed members of the NLRB and EEOC |
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What You'll Learn
Violating the separation of powers
The US Constitution is founded on the principle of the separation of powers, dividing power between the states and the federal government, and further dividing federal power between the executive, judicial, and legislative branches.
Donald Trump has been accused of violating the separation of powers by taking over Congress's core powers, including taxing and spending. Typically, Congress passes a budget, and the president can sign or veto the bill. Once the budget is passed into law, the president cannot refuse to spend the allocated money. However, Trump has frozen spending on things he does not support politically, such as foreign aid.
Trump has also attempted to place new conditions on the disbursement of federal funds as a way to control state and private institutions. For example, his administration has threatened to withhold federal funding from schools that do not abandon DEI programs. This is despite the fact that federal law prohibits "impoundment," or the withholding of funds allocated by Congress.
In addition to his handling of federal funds, Trump has also been accused of violating the separation of powers through his constitutional claims. In the Mazars case, he argued that congressional committees lacked a legitimate legislative purpose in seeking his financial records. He also claimed that the committees could not use the records in aid of their legitimate lawmaking functions and that the subpoenas were designed to enforce the law against the president in violation of the separation of powers. Trump's argument was extreme but fit a larger pattern in his administration of frustrating congressional investigations by declining to turn over requested documents or make available requested officials.
Trump has also been accused of misusing the military for his own domestic political purposes, politicizing independent agencies, and illegally reprogramming federal funds to achieve his own policy objectives. These actions have been seen as attempts to aggrandize the power of the presidency at the expense of the coordinate branches and the states, in violation of the separation of powers.
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Misusing the military
One of the ways in which former US President Donald Trump violated the Constitution was through his misuse of the military.
Trump used the military for his own domestic political purposes. He deployed federal law enforcement officers to Portland, Oregon, in July 2020, to quell protests against racial injustice and police brutality. The officers used tear gas and other aggressive tactics against protesters, and Trump threatened to send similar forces to other cities, including Chicago and New York. This was seen as a politically motivated use of the military to suppress dissent and intimidate political opponents, rather than a legitimate use of force to maintain law and order.
Trump also threatened to use the military to suppress protests following the death of George Floyd in May 2020. He stated that he would send in the National Guard to "get the job done right," implying that he was willing to use military force to end the protests. This raised concerns about the potential use of the military against US citizens, which is prohibited by the Posse Comitatus Act of 1878.
In addition to these deployments, Trump also sought to involve the military in his efforts to overturn the results of the 2020 presidential election. In the weeks following his election loss, Trump considered invoking the Insurrection Act to deploy active-duty military personnel to seize voting machines and ballots in key states. This plan was ultimately not carried out due to opposition from military leaders and legal experts who warned that such an action would be a blatant violation of the Constitution and federal law.
Trump's misuse of the military for his own political ends undermines the separation of powers and checks and balances that are fundamental to the US constitutional system. It represents an attempt to consolidate power in the executive branch and erode the limits on presidential authority, posing a significant threat to democratic norms and the rule of law.
Trump's actions with regard to the military are part of a broader pattern of behaviour that has been characterised as an "assault on our structural Constitution." This includes his attacks on independent agencies, violations of federal law, and strong-arming of state and local governments.
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Politicising independent agencies
During his presidency, Donald Trump was accused of politicising independent agencies for his own ends. This included the firing of top officials at independent agencies, such as a member of the independent National Labor Relations Board (NLRB), when federal law and Supreme Court precedent indicate that he had no constitutional authority to do so. Trump also fired agency watchdogs without following legal requirements to give Congress 30 days' notice.
In addition, Trump dismantled the U.S. Agency for International Development, an independent entity established by Congress in 1998, and fired thousands of government employees. He also froze foreign aid payments, threatening the provision of medical care and the safe operation of refugee camps.
Trump's actions towards independent agencies were part of a broader pattern of violating the law and undermining the U.S. Constitution. This included illegally reprogramming federal funds, misusing the military for domestic political purposes, and issuing an unprecedented number of executive orders, such as one that aimed to end birthright citizenship, which is guaranteed by the U.S. Constitution.
Legal scholars and historians have characterised Trump's actions as showing a greater willingness than his predecessors to violate the Constitution and federal law. Laurence Tribe, a leading constitutional scholar, called Trump "the most lawless and scofflaw president we have ever seen in the history of the United States".
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Ignoring congressional subpoenas
President Trump's refusal to comply with congressional subpoenas has been a significant point of contention during his presidency. Trump has consistently argued that congressional committees lack the authority to investigate him, particularly when it comes to his financial records and dealings. This assertion has been rejected by federal courts, which have upheld Congress's broad investigative authority.
Trump's resistance to subpoenas has been interpreted as an attempt to maintain secrecy around his financial dealings and potential conflicts of interest. In the Mazars case, Trump sued to halt subpoenas, claiming that congressional committees lacked a legitimate legislative purpose in seeking his records. He also argued that the subpoenas were designed to enforce the law against the president, violating the separation of powers. The Supreme Court, however, has affirmed Congress's power to conduct investigations, including into potential corruption and maladministration in government agencies.
Trump's defiance of subpoenas related to the Mueller investigation and his financial records has led to increasing pressure for impeachment proceedings. The Democratic-led U.S. House of Representatives voted to authorize lawmakers to sue Trump administration figures who defy congressional subpoenas. This measure was aimed at compelling officials to cooperate with official demands for testimony and evidence related to the Mueller report on Russian interference in the 2016 election.
The House Oversight Committee also planned to hold contempt votes against Attorney General William Barr and Commerce Secretary Wilbur Ross for defying subpoenas related to the U.S. census. Additionally, Trump administration officials, including White House Counsel Don McGahn, Hope Hicks, and Annie Donaldson, faced potential court action for refusing to comply with committee subpoenas.
Trump's refusal to honour congressional subpoenas has been part of a broader pattern of obstructing congressional investigations and undermining the Constitution's checks and balances on the presidency.
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Issuing an unprecedented number of executive orders
Executive orders are issued by the President of the United States to manage the operations of the Executive branch of the government. They are numbered consecutively and published in the daily Federal Register.
In 2025, Donald Trump signed 152 executive orders. This is an unprecedented number when compared to his predecessors. For example, Barack Obama signed 277 executive orders between 2009 and 2017, George W. Bush signed 291 between 2001 and 2009, and Bill Clinton signed 364 between 1993 and 2001.
Trump's extensive use of executive orders can be seen as a way to push through his agenda without the usual checks and balances of the political system. This is especially true given that his presidency has been marked by claims of constitutional violations and attacks on the rule of law.
Trump has been accused of misusing the military for his own domestic political purposes, illegally reprogramming federal funds, politicizing independent agencies, and violating federal law in areas such as immigration and environmental protection. He has also pardoned violent criminals, fired public servants, dissolved federal agencies, and threatened to withhold federal funds from state and local governments that did not fall in line with his priorities.
Trump's actions have been seen as undermining the Constitution and the rule of law, and his extensive use of executive orders can be seen as a tool to further these goals.
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Frequently asked questions
Yes, Trump froze trillions of dollars in federal spending, which legal experts said violated the constitution and the 1974 Impoundment Control Act.
Yes, Trump fired thousands of government employees, including several inspectors general and board members of independent agencies. These firings were described as "unprecedented and illegal" by Kate Andrias, a professor of constitutional law and administrative law at Columbia University.
Yes, Trump refused to comply with subpoenas from congressional committees seeking his private financial records, arguing that the committees lacked a legitimate legislative purpose and that the subpoenas were designed to enforce the law against him in violation of the separation of powers.
