Jonah Patel
Former US President Donald Trump has a contentious relationship with the US Constitution. Trump has repeatedly demonstrated a lack of understanding of the Constitution, most notably in his refusal to commit to upholding constitutional due process rights for both citizens and non-citizens. Trump's actions and statements suggest he seeks to expand presidential powers beyond what is outlined in the Constitution, with some claiming he acts as a monarch. Trump's administration has also been criticised for its handling of issues such as immigration, citizenship, and the separation of powers between the executive and legislative branches. The Supreme Court's rulings on executive power have further contributed to concerns about Trump's understanding and respect for the Constitution.
| Characteristics | Values |
|---|---|
| Lack of respect for the rule of law | Trump's presidency has been described as a "reign of lawless aggression" |
| Disregard for constitutional due process | Trump has expressed uncertainty about his duties to uphold due process rights laid out in the Constitution |
| Executive overreach | Trump's executive orders have been criticised for undermining the Constitution, the Congress, and the courts |
| Unilateral restructuring of the federal government | Trump's attempts to restructure the federal government without congressional authorisation are seen as circumventing the Constitution |
| Presidential immunity | The Supreme Court's ruling on presidential immunity has been criticised for enabling Trump to act as a monarch |
| Interpretation of citizenship | Trump's Executive Order 14,160 challenges the concept of birthright citizenship by excluding babies born to parents in the US under "illegal conditions" |
| Ambiguity on term limits | Trump has suggested he could seek a third term, despite constitutional amendments prohibiting this |
| Lack of understanding | Trump has admitted to not knowing whether he needs to uphold the Constitution, stating, "I don't know." |
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What You'll Learn
Trump's lawyers argue the Constitution doesn't apply to the president
On the first day of his second term, President Donald Trump issued Executive Order 14,160, which states that "United States citizenship does not automatically extend to persons born in the United States." The order specifically excludes babies born to parents who are in the country under what authorities consider illegal conditions. This sparked litigation, with 23 states, two immigrant-advocacy organizations, and five pregnant women suing to overturn the order.
Trump's lawyers have argued that the Constitution does not apply to the president, a position that has been widely criticized by Supreme Court justices. Justice Ketanji Brown Jackson forcefully argued that Trump's push to end the ability of lower federal courts to issue nationwide injunctions would force individuals whose rights are being violated to sue repeatedly across the country, allowing the administration to flout the Constitution indefinitely. Attorney Corkran pointed out that Trump's position contradicts the 14th Amendment's "plain text" and departs from common-law history, court precedent, federal statutes, and executive branch practice.
Trump's Solicitor General, D. John Sauer, defended the administration by citing practical problems with universal injunctions. He argued that any one of 680 federal judges can suspend a federal law nationally, encouraging judge-shopping and causing an imbalance between the government and challengers in legal disputes. However, no justice responded favorably to this argument.
Trump's actions and statements have sparked concerns about his understanding of and respect for the Constitution. In a TV interview, he responded with "I don't know" when asked if he needed to uphold the Constitution regarding due process rights for immigrants. He has also provoked a constitutional crisis by defying federal court orders and deporting immigrants without due process. Additionally, Trump has issued executive orders that have been deemed unconstitutional, such as the Perkins Coie executive order, which a federal judge criticized as an abuse of power.
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Trump's refusal to commit to upholding due process rights
During his second term in office, Donald Trump has continued to demonstrate a concerning lack of understanding of, and commitment to, the US Constitution and the rule of law.
In a televised interview in May 2025, Trump refused to commit to upholding due process rights, answering "I don't know" when asked if he needed to uphold the US Constitution when it came to giving immigrants the right of due process. This ambiguity is particularly concerning in light of Trump's long-promised campaign of mass deportations, indicating a potential disregard for the legal rights of immigrants.
Trump's response to questions about his understanding of the Constitution has consistently been "I don't know," indicating either a lack of knowledge or a deliberate evasion of the topic. This ambiguity has significant implications for the protection of individual rights and the maintenance of the rule of law in the United States.
Trump's actions and statements suggest a willingness to exert presidential power without regard for constitutional constraints. For instance, Trump's Executive Order 14,160, which states that "United States citizenship does not automatically extend to persons born in the United States," directly contradicts historical precedent and traditional interpretations of jurisdiction. This order sparked litigation, with 23 states, two immigrant-advocacy organizations, and five pregnant women suing to overturn it.
Trump's lawyers have also argued before the Supreme Court that the Constitution does not apply to the president, a position that Justice Sonia Sotomayor described as contrary to the 14th Amendment's "plain text" and a departure from common-law history, precedent, and executive branch practice.
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Trump's monarchical tendencies
In a televised interview, Trump was asked if he needed to uphold the US Constitution regarding due process rights for immigrants. He replied, "I don't know," indicating uncertainty about a fundamental constitutional guarantee. Trump's nonchalant response suggests a concerning indifference to the Constitution, a document meant to safeguard the rights and freedoms of Americans.
Trump's actions further reinforce his monarchical tendencies. On his second term's first day, he issued Executive Order 14,160, which challenges birthright citizenship by stating that "United States citizenship does not automatically extend to persons born in the United States." This order sparked litigation, with 23 states, two immigrant advocacy organisations, and five pregnant women suing to overturn it. Trump's narrow interpretation of "jurisdiction" in this context is inconsistent with legal precedent.
Trump's executive orders have also led to concerns about his concentration of power. During his presidency, Trump issued 152 executive orders, and his administration acted as if these orders superseded the Constitution, Congress, and the courts. This behaviour has resulted in accusations of Trump acting as a monarch, with his orders upending civil service laws, immigration rules, and government department structures.
Furthermore, Trump's lawyers have argued before the Supreme Court that the Constitution does not apply to the president, a position that Justice Sonia Sotomayor countered by citing Supreme Court cases dating back to 1898. Trump's stance on this matter undermines the very foundation of the US democratic system, which is meant to be a government of laws, not of men.
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Trump's use of executive orders to restructure the federal government
On the first day of his second term, President Donald Trump issued Executive Order 14,160, which stated that "United States citizenship does not automatically extend to persons born in the United States." This order sparked litigation, with 23 states, two immigrant advocacy organisations, and five pregnant women suing to have it thrown out. This executive order is just one of many that Trump has used to try to restructure the federal government.
Trump has used executive orders as a tool to quickly reshape the government, signing numerous orders tied to his campaign promises. These have included a temporary hiring freeze for federal agencies, a mandate for federal employees to return to working in offices, and a review of federal investigations that Trump claimed had targeted his supporters. He has also used executive orders to increase domestic energy production and stop diversity, equity, and inclusion programs within the federal government.
Trump's use of executive orders has been seen by some as a way to persecute his enemies and favour his political allies. He has also been accused of mocking Catholics and targeting transgender and immigrant communities with his orders. Additionally, Trump has shown a lack of understanding of the Constitution, responding "I don't know" when asked if he needed to uphold the US Constitution when it comes to giving immigrants the right of due process. This response, along with his numerous executive orders, raises questions about Trump's understanding of and respect for the rule of law.
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Trump's interpretation of the 14th Amendment
In 2024, a case was brought before the Supreme Court, Donald J. Trump v. Norma Anderson, which turned on an interpretation of Section 3 of the 14th Amendment of the U.S. Constitution, known as the Disqualification Clause. The clause bars certain former elected and appointed officials from holding office if they took part in an insurrection.
The case was brought about by a group of Colorado voters who sought to prevent President Trump from being allowed on the state's 2024 presidential ballot. They argued that he was disqualified from running under the 14th Amendment due to his involvement in the January 6, 2021 events, which culminated in the US Capitol riot.
Trump's legal team argued that the Colorado State Supreme Court was barred from considering Trump's eligibility because he was not "an officer of the United States" and did not take the oath of office specified in the 14th Amendment. They also cited a lack of evidence that Trump took part in an insurrection and that the Colorado Supreme Court ruling conflicted with the Constitution's Electors Clause.
The Colorado district court had initially found that Trump had taken part in an insurrection, but Trump's attorneys argued that legislation was required to enforce any ban under the 14th Amendment. They cited a circuit decision from 1869, stating that "the state courts should have regarded congressional enforcement legislation as the exclusive means for enforcing Section 3".
The Supreme Court's ruling on whether Trump can be removed from the ballot will be the ultimate arbiter, and it has been warned that the cases could rob voters of their right to decide on the former president's return to the White House.
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Frequently asked questions
Trump has shown a lack of understanding of the Constitution, the separation of powers, and the rule of law. He has suggested that the Constitution does not apply to the President, and that he can act above the law. He has also expressed uncertainty about whether he needs to uphold constitutional due process rights, and his administration has developed a controversial 80-hour training program on the Constitution for upper-level government employees.
Trump has issued numerous executive orders that have sparked litigation and concerns about their constitutionality. For example, Executive Order 14,160, which claims that United States citizenship does not automatically extend to persons born in the United States, has been widely criticised as unconstitutional. Trump has also suggested that he could seek a third term as President, which is prohibited by the 22nd Amendment of the Constitution.
Trump's actions and statements have raised concerns about the transformation of the United States from a constitutional democracy to an autocracy. His attempts to consolidate power and disregard for the rule of law have been described as a "reign of lawless aggression" and a "rampage of presidential lawlessness".
