Eleanor Finch
Since taking office, Donald Trump has been accused of undermining the US Constitution and violating federal law. From the outset of his second term, Trump has been accused of illegally dismantling agencies created by acts of Congress, firing public servants, and stealing taxpayer money from communities. In addition, Trump has been condemned for issuing a series of executive orders that directly attack constitutional rights and academic freedom, including an attempt to strip funding from Harvard and other elite academic institutions. Trump has also attempted to end birthright citizenship, which was deemed “blatantly unconstitutional” by a federal judge. These actions have sparked widespread condemnation and legal challenges, with many experts claiming that Trump's behaviour constitutes a power grab and a constitutional crisis.
| Characteristics | Values |
|---|---|
| Pardoning violent criminals | Hundreds pardoned upon taking office |
| Dismantling agencies | Dismantling agencies created by acts of Congress |
| Firing public servants | Firing career civil servants without cause |
| Stealing funds | Taking taxpayer money from communities |
| Violating the constitution | Ending birthright citizenship |
| Violating the constitution | Freezing federal spending |
| Violating the constitution | Dismissing members of the NLRB and EEOC |
| Violating the constitution | Issuing executive orders that "trump" all other sources of law |
| Violating the constitution | Attacking academic freedom and free expression |
| Violating the constitution | Suspending visas |
Explore related products
What You'll Learn
Violating the Fourteenth Amendment
The Fourteenth Amendment of the US Constitution states:
> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
The Fourteenth Amendment has been interpreted differently over the years. While it repudiated the Supreme Court's decision in Dred Scott v. Sandford, which excluded people of African descent from eligibility for US citizenship, it has never been interpreted to extend citizenship to everyone born in the US. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the US but not "subject to the jurisdiction thereof".
Section 3 of the Fourteenth Amendment has been used to argue that Donald Trump should be barred from running for president in 2024. This is because Section 3 bars current and former federal, state, and military officials who have "engaged in insurrection or rebellion" from holding office again. The argument is that Trump's actions on January 6, 2021, at the Capitol constituted an insurrection and therefore he is disqualified from running for office.
There is debate over whether Trump's actions on January 6 amounted to an insurrection, as he has not been indicted for such a crime. There is also debate over the interpretation of "office" and "officer" in Section 3, and whether these terms apply to the president.
The Colorado Supreme Court ruled that Trump should be removed from the state's 2024 presidential primary ballot, and this decision has been backed by Maine. However, Trump's attorneys have argued that legislation is required to enforce any ban under the 14th Amendment, and that Trump's eligibility should be determined after the election. The US Supreme Court is set to hear arguments in the case on February 8, 2024, and it is expected to have a significant impact on Trump's political future.
California's Proposition: Constitutional Change or Status Quo?
You may want to see also
Pardoning violent criminals
During his tenure as the 45th president of the United States, Donald Trump pardoned hundreds of violent criminals, including those convicted of murder, fraud, and corruption. Trump's use of his clemency power has been widely criticised as an abuse of presidential power and a violation of the Constitution.
In his first term, Trump pardoned 237 individuals, most of whom were charged or convicted of federal criminal offenses. Many of those pardoned by Trump had personal or political connections to him, including his former chief strategist, Steve Bannon, and fundraiser Elliott Broidy. Trump also pardoned individuals convicted as a result of investigations into Russian interference in the 2016 presidential election, such as Michael Flynn, Roger Stone, and Paul Manafort.
In his second term, Trump continued to issue controversial pardons. He pardoned Ross Ulbricht, the founder of the Silk Road dark web marketplace, who was convicted of multiple charges, including conspiracy to distribute narcotics and money laundering. Ulbricht had been given a life sentence in 2015, but Trump pardoned him despite his calls for drug dealers to be executed in the United States. Trump also pardoned Washington, DC, Metropolitan Police Department officers Andrew Zabavsky and Terence Sutton for their roles in the death of 20-year-old Karon Hylton-Brown.
Trump's critics argue that his pardons reflect a pattern of using presidential power to amplify his narrative of persecution and to cast doubt on the legitimacy of the justice system. They accuse him of undermining the rule of law and the Constitution by pardoning violent criminals and those with personal or political connections to him.
Trump and his supporters, however, defend his use of clemency as a correction of unjust sentences and a campaign against a politicised justice system. They argue that Trump is addressing the politicalisation and weaponisation of the justice system and standing up for those who have been treated unfairly.
Constitution Framers and Their Stance on Slavery
You may want to see also
Dismantling agencies created by acts of Congress
During his time in office, Donald Trump has been accused of dismantling or attempting to dismantle several agencies and programs created by acts of Congress.
One notable example is the Department of Education. In March, Trump issued an executive order to shut down the department, which provides education funding for low-income students, those in rural areas, and students with disabilities. This order was blocked by a federal appeals court, which ruled that the mass layoff of over 1,300 employees aimed at shutting down the agency was unlawful.
Trump has also targeted the Social Security Administration (SSA), with reports of plans to drastically reduce its workforce, close field offices, and implement policy changes.
Additionally, Trump has proposed privatizing the United States Postal Service (USPS), which has operated independently since 1970. This move would disadvantage those in rural areas, where private carriers are less likely to provide service.
The Consumer Financial Protection Bureau, created after the 2008 financial crisis to protect Americans' financial security, has also been gutted by the Trump administration. Furthermore, they have announced plans to cut thousands of employees from the Department of Veterans Affairs, which provides crucial services for veterans.
Trump has also been accused of disregarding post-Watergate reforms, including attempting to dismantle the U.S. Agency for International Development and neutralizing the Merit Systems Protection Board, which was established to hear cases of federal employees claiming unjust termination.
These actions have been criticized as a blatant disregard for the rule of law and an assault on government agencies and programs that provide vital services to Americans.
Creating a Club Constitution: A Step-by-Step Guide
You may want to see also
Explore related products
Ignoring Congress's constitutional power
In the first few days of his presidency, Donald Trump issued a series of executive orders that undermined the US Constitution. One of these orders was to freeze all federal grants and loans across the government, amounting to about $1 trillion. This was a direct challenge to Congress's constitutional power of the purse, as it is Congress that appropriates money for the activities of the federal government.
Trump's executive order to end birthright citizenship was also blocked by a federal judge, who called it a "blatantly unconstitutional order". Trump's firing of 18 inspectors general, who serve as independent officials auditing and investigating agencies, was another violation of the Constitution.
Trump has also issued executive orders targeting prominent law firms and elite academic institutions, including Harvard, Columbia, and the University of Pennsylvania, accusing them of harbouring antisemitism and promoting "anti-American" values. These actions have been widely condemned as direct attacks on constitutional rights and academic freedom.
The Trump administration's actions have weakened democratic institutions, slowed down the economy, rolled back protections for public health and the environment, and put healthcare and Social Security benefits at risk for millions of Americans. Legal scholars and historians have expressed concern about Trump's disregard for the Constitution and federal law, with some calling it a blitzkrieg on the law.
Trump's actions have also been described as a power grab and a constitutional crisis, with his administration removing checks on his power and weaponizing the law against the constitutional order. His administration has instructed federal workers to follow his executive orders over any other source of law, including the Constitution, Congress, or the courts. This has resulted in the firing or resignation of many federal workers who refuse to comply.
Executive Power in the Federal Constitution: Exploring Limits
You may want to see also
Attacking academic freedom
In recent years, there has been growing concern over the Trump administration's attacks on academic freedom. The administration has embarked on a campaign to remake how universities operate, with efforts to crack down on protests and diversity initiatives. While the White House claims that these moves aim to address antisemitism and discrimination, there are fears about their potential impact on academic freedom and free speech on campuses.
One of the most prominent examples of this is the case of Harvard University. The Trump administration demanded that Harvard make significant changes to its operations, including external audits of campus viewpoints and achieving "viewpoint diversity" as determined by the government. When Harvard publicly rejected these demands as an unconstitutional attack on academic freedom, the administration retaliated by freezing more than $2 billion in federal contracts and grants, primarily for scientific and medical research. The administration also threatened to revoke Harvard's ability to enrol international students, which would affect a significant portion of its revenue.
Beyond Harvard, the Trump administration has targeted other universities, such as Columbia University, with cuts in federal funding unless they comply with certain demands. There are fears that these actions could set a precedent for authoritarian control over universities and education more broadly. As Kevin Roberts, the president of the Heritage Foundation, stated, the country is experiencing a "second American Revolution," with potential casualties including intellectual freedom and the displacement of minority, dissident, and refugee academics.
Universities are already preemptively changing their practices in anticipation of Trump's policies, and there are concerns that this could lead to declining educational standards and heightened surveillance. The Trump administration's actions have also been criticised for destabilising the US economy and encouraging right-wing political attacks on education globally. The administration's attempts to remove power from universities and punish "woke" ideology have serious implications for free speech, both domestically and internationally.
Overall, the Trump administration's actions towards universities and academic freedom have raised significant concerns among students, faculty, and experts. These moves have been characterised as attacks on academic freedom and free speech, with potential consequences for the future of higher education in the United States and beyond.
Macrophages: MHC Class II Always Active?
You may want to see also
Frequently asked questions
Some of the ways in which Trump has undermined the US Constitution are by issuing executive orders to:
- End birthright citizenship, which is guaranteed in the Constitution's Fourteenth Amendment.
- Freeze federal spending, which affects everything from education to healthcare.
- Dismiss members of the National Labor Relations Board (NLRB) and Equal Employment Opportunity Commission (EEOC), despite being confirmed by the Senate.
- Stop payments authorized by Congress on federal programs without warning.
In his first few days in office, Trump pardoned hundreds of violent criminals. He also fired fraud-finding inspectors general across the government without providing notice or a rationale to Congress.
Trump's actions have weakened the rule of law and respect for the law in the US. They have also slowed down the economy, rolled back protections for public health and the environment, and put healthcare and Social Security benefits at risk for millions of Americans.
Laurence Tribe, a leading constitutional scholar, said that Trump is the "most lawless and scofflaw president we have ever seen in the history of the United States". Erwin Chemerinsky, dean of the University of California Berkeley School of Law, expressed dismay at Trump's "flagrant flouting of the law" and said that he "cannot think of any president who has ever so ignored the constitution".
Federal courts have slapped down Trump in every free-press challenge. Trump's administration has also faced more than 200 legal challenges, most of which have been successful.
