Isabella Carter
Former US President Donald Trump has been criticised for his relationship with the US Constitution. Trump has been accused of undermining the Constitution and violating the law, with some claiming that he has plans to eliminate resistance from other members of his administration or the federal bureaucracy. Trump has also been rebuked for calling for the termination of parts of the Constitution over his false claims that the 2020 election was stolen. His use of emergency powers has also raised concerns about a potential upending of the constitutional balance of power.
| Characteristics | Values |
|---|---|
| Call for termination of parts of the Constitution | Trump called for the "termination" of parts of the Constitution over his claim that the 2020 election was stolen. |
| Violation of law | Trump has been accused of violating the law, undermining the Constitution, and attacking members of the Department of Justice. |
| Use of emergency powers | Trump has invoked emergency powers more times in his first 100 days in office than any other modern president, which could lead to an upending of the constitutional balance of power. |
| Presidential immunity | The Supreme Court's decision to grant Trump broad immunity from criminal prosecution has enabled him to act as a monarch, threatening the constitutional democracy of the United States. |
| Elimination of resistance | Trump plans to eliminate resistance from other members of his administration or the federal bureaucracy, potentially directing prosecutions of critics or rivals. |
| Norms | Trump has disregarded norms, such as the understanding that the Attorney General should have some degree of independence from the president. |
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What You'll Learn
Trump's call to 'terminate' parts of the Constitution
Former President Donald Trump faced criticism from both parties after calling for the "termination" of parts of the US Constitution. Trump's comments came in the wake of his claims that the 2020 election was stolen, and he announced his 2024 presidential campaign on his Truth Social media platform. Incoming House Democratic leader Hakeem Jeffries described Trump's statement as "strange and extreme," and Rep. Mike Turner of Ohio, a top Republican on the House Intelligence Committee, said he "vehemently" disagreed and "absolutely" condemned the remarks.
Trump's statement raised concerns among those who worry about the potential impact on American democracy and the rule of law if he were to be elected for a second term. Some experts believe that Trump's use of emergency powers during his first term already threatened to upend the constitutional balance of power by granting him free rein to act without congressional approval.
Trump's administration has been accused of undermining the Constitution through actions such as violating laws, firing public servants, dissolving federal agencies, and taking taxpayer money from communities. Additionally, the Supreme Court's expansion of executive power and Trump's pursuit of prosecutions against critics and rivals further fuel concerns about the potential erosion of constitutional norms and democratic values.
Trump's call to terminate parts of the Constitution highlights a broader trend of his administration's actions that weaken the document's principles and the rule of law. The Constitution, as the supreme law of the United States, is meant to provide limitations on the government and protect the fundamental rights of citizens. Trump's disregard for these principles has sparked criticism and concern across the political spectrum.
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Trump's frequent use of emergency powers
The United States Constitution is the supreme law of the United States, providing the source of all government powers and limitations to protect the fundamental rights of US citizens.
Former President Donald Trump has been criticised for his frequent use of emergency powers during his second term in office. Trump has invoked emergency powers more times in his first 100 days than any other modern president, citing multiple emergencies, including a national emergency, an energy emergency, and an economic emergency.
Trump has relied on rules and laws intended only for use in extraordinary circumstances, such as war and invasion. He has frequently cited the International Emergency Economic Powers Act (IEEPA) to justify imposing tariffs on imports, claiming that the country faces "an unusual and extraordinary threat" to its national security, foreign policy, and economy.
Legal scholars and experts have expressed concern over Trump's use of emergency powers, arguing that he is declaring bogus emergencies to expand his power, undermine the Constitution, and infringe on civil liberties. They worry that his actions could lead to an upending of the constitutional balance of power, granting the president unlimited power to act without congressional approval.
Trump's use of emergency powers has faced legal challenges, with lower courts largely rejecting his assertions. The Supreme Court has yet to rule on his recent assertions, but legal experts anticipate a friendly reception, expecting the Court to side with the administration. The outcome could significantly impact the constitutional balance of power and set a precedent for future emergency power invocations.
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Supreme Court's role in expanding executive power
Former President Donald Trump faced criticism from both parties for calling for the "termination" of parts of the US Constitution due to his false claim that the 2020 election was stolen. Trump's statement was described as "strange and extreme", with critics urging Republicans to reconsider their support for his anti-democratic views.
The US Constitution, which has been amended 27 times, is the supreme law of the land, providing limitations on the government and protecting the fundamental rights of US citizens. While norms and principles are not written down in the Constitution, they are equally crucial in constraining presidential powers.
The Supreme Court plays a pivotal role in expanding or limiting executive power. As the highest court in the US, it serves as the final arbiter of justice and exercises judicial review to ensure that each branch of government respects its constitutional boundaries. This review power allows the Court to declare executive actions unconstitutional and protect civil rights and liberties.
The Supreme Court's interpretation of the Constitution can significantly shape the scope of executive authority. For instance, in Seila Law LLC v. Consumer Financial Protection Bureau, the Court struck down for-cause removal protection for the director of the CFPB, raising questions about the removal of other presidential appointees.
The Court's decisions can also impact the functioning of federal agencies. During the Obama administration, when Senate Republicans blocked the confirmation of Obama's nominees to a federal agency, the Supreme Court invalidated hundreds of cases handled by the agency, citing issues such as lack of quorum and improper appointments.
Additionally, the Supreme Court's embrace of the unitary executive theory, which proponents in the Trump administration supported, could expand presidential power by allowing the president to fire not only agency leaders but also all federal employees without cause. This theory, along with the nondelegation doctrine, has been criticised for potentially hindering the government's ability to address complex issues and serve the public interest effectively.
In summary, the Supreme Court's role in expanding or limiting executive power is significant. Its interpretations of the Constitution, rulings on executive actions, and adoption of legal principles like the unitary executive theory can shape the balance of power between the branches of government and the protection of civil rights.
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Trump's disregard for norms and resistance
Former President Donald Trump has been criticised for his disregard for constitutional norms and his resistance to established conventions. In the aftermath of the 2020 election, Trump called for the "termination" of parts of the Constitution, citing unfounded claims of election fraud. This statement was condemned by officials from both parties, including prominent Republicans, who viewed it as a threat to democratic values and the rule of law.
Trump's disregard for norms was evident during his first term, where he was constrained not by his respect for norms but by pushback from his administration and federal bureaucracy. He has also been criticised for his use of executive orders, which some claim undermine the law and democratic norms. This strategy has been labelled as "flood the zone with shit", indicating a deliberate attempt to overwhelm and confuse.
Trump's use of emergency powers has been particularly concerning to legal experts. He invoked emergency powers more times in his first 100 days than any other modern president, and his use of these powers has been characterised as a way to bypass Congress and implement his agenda without the traditional checks and balances. This has raised fears of an upending of the constitutional balance of power, with the potential for the executive branch to override statutes with constitutional authority.
The Supreme Court's rulings during Trump's tenure have also contributed to concerns about his disregard for norms. The Court has enlarged executive power and limited congressional constraints, such as in the case of Trump v. US, where it granted the president broad immunity from criminal prosecution when operating in an official capacity. This has led to accusations of Trump behaving like a monarch, with his administration resembling a counter-constitution.
Trump's actions and statements have raised serious concerns about his commitment to constitutional norms and the rule of law. His willingness to disregard established conventions and his use of executive powers to bypass traditional checks and balances have been interpreted as a threat to the foundations of American democracy.
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Trump's counter-constitution and presidential immunity
In April 2025, Donald Trump began his second term as US president with a flurry of executive orders that undermined many of the certainties of the American constitutional system. Trump's supporters have suggested that he is seeking to implement a 'counter-constitution'—an alternative constitutional reality in place of the current constitution.
Trump's actions have been likened to those of autocrats such as Viktor Orbán, Hugo Chávez, and Rafael Correa, who each rewrote their constitutions during their first year in power. While the US Constitution is practically impossible to amend, Trump has attempted to revise it by appointing Supreme Court judges who are sympathetic to his constitutional vision.
Trump has also repeatedly claimed presidential immunity for his actions, including his alleged involvement in the January 6, 2021, attack on the US Capitol. In Trump v. United States (2024), the Supreme Court ruled that presidents have absolute immunity for acts committed within their core constitutional purview and presumptive immunity for official acts within the outer perimeter of their official responsibility. However, lower courts have rejected Trump's immunity claims, and the Supreme Court has not yet ruled on the scope of immunity for some of the acts alleged of Trump.
Trump has also suggested that he may be able to serve a third term as president, despite the two-term limit imposed by the 22nd Amendment. While Trump and his supporters have pointed to a loophole in the amendment's wording, which only explicitly bans someone from being "elected" to more than two terms, legal experts have dismissed this idea as a "pipe dream".
Trump's attempts to undermine the Constitution and consolidate power have been widely condemned by officials and legal scholars, who have described his actions as a coup and a threat to American democracy.
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Frequently asked questions
Former President Donald Trump has called for the "termination" of parts of the US Constitution over his false claims that the 2020 election was stolen. Trump's comments were rebuked by officials from both parties, including Rep. Mike Turner of Ohio, who said, "The Constitution is set for a reason, to protect the rights of every American."
Yes, during his first term, Trump pardoned hundreds of violent criminals, stole funds from programs helping Americans, fired career civil servants without cause, and dissolved federal agencies. Legal experts have also claimed that Trump's use of emergency powers during his first 100 days in office more than any other modern president could lead to an upending of the constitutional balance of power.
While Trump has not succeeded in formally changing the constitution, his administration has undermined the rule of law and weakened the power of Congress. Some have claimed that Trump's presidential immunity has enabled him to act as a monarch, and his administration has been described as a "counter-constitution".
