Malcolm Rivera
Former US President Donald Trump has had a contentious relationship with the US Constitution. Trump has been accused of disregarding constitutional norms and abusing his presidential powers, including attempts to terminate parts of the Constitution and questioning the validity of the 14th Amendment. Trump's lawyers have also argued that the Constitution does not apply to the President, and his administration has issued executive orders that contradict constitutional principles. Trump's actions have sparked concerns about the preservation of constitutional democracy in the US. Trump's supporters, however, defend his actions as necessary to uphold his political agenda.
| Characteristics | Values |
|---|---|
| Donald Trump's understanding of the Constitution | Lacking |
| His respect for the Constitution | Lacking |
| His intention to "preserve, protect, and defend" the Constitution | None |
| His intention to uphold the 14th Amendment | None |
| His views on the First Amendment | Used it as a defence in his impeachment trial |
| His views on the Fourteenth Amendment | Wanted to put it in the "trash can of history" |
| His views on the number of Articles in the Constitution | Incorrect |
| His views on the 2020 election results | Believed it was stolen |
| His views on the Constitution's role in the election | Wanted to "terminate" parts of it |
| His views on the role of the Supreme Court | Believed it shouldn't interfere with the presidency |
| His views on the role of Congress | Believed he could act without their approval |
| His views on the role of the federal government | Believed he could broadly restructure it |
| His views on the role of the President | Believed the President is above the law |
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What You'll Learn
Trump's call to 'terminate' the Constitution
Former US President Donald Trump has been criticised for his apparent disregard for the US Constitution. Trump has been accused of making a mockery of the Constitution and has even called for the "termination" of parts of it.
In December 2022, Trump faced rebuke from officials in both parties after claiming that a massive fraud in the 2020 election allowed for the "termination of all rules, regulations, and articles, even those found in the Constitution". This statement was made in reference to his false claim that the 2020 election was stolen. Trump's comments were described as strange and extreme, and he was criticised for attacking a document that has guaranteed freedom and the rule of law in the US for over 200 years.
Trump has also been accused of attempting to usurp the constitutional powers of Congress and ignoring the Constitution's elections clauses. He has issued numerous executive orders that contradict the Constitution, such as his attempt to end birthright citizenship, guaranteed in the Fourteenth Amendment. Trump's lawyers have even argued that the Constitution does not apply to the President, a position that has been rejected by the Supreme Court.
Trump's disregard for the Constitution has been evident since the beginning of his presidency. In 2018, he claimed to support non-existent Articles of the Constitution, demonstrating either ignorance or hostility towards the document. Trump's actions and statements have raised concerns about his authoritarian tendencies and white nationalist dreams.
Trump's lawyers have also invoked the First Amendment as a defence during his impeachment trials, arguing that his political statements at rallies were protected free speech. However, this argument did not appear to impact the Senators' votes during the impeachment trials. Overall, Trump's calls to terminate parts of the Constitution and his disregard for its principles have been met with widespread criticism and concern.
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Trump's lawyers say it doesn't apply to the president
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." The order went against history and tradition by excluding babies born to parents in the US under "illegal conditions". This sparked litigation, with 23 states, two immigrant advocacy organisations, and five pregnant women (using pseudonyms) suing to throw out the order.
Trump's lawyers told the Supreme Court that the Constitution does not apply to the president, arguing that the ability of lower federal courts to issue nationwide injunctions should be ended. This would force individuals whose rights are being violated to hire lawyers and sue across the country, allowing the administration to flout the Constitution indefinitely.
Trump's executive order was deemed unconstitutional and in circumvention of laws preventing a president from unilaterally reorganizing the federal government. A federal court ruled that Trump could only broadly restructure the federal government if authorized by Congress.
Trump's lawyers' stance has been criticized as contrary to the 14th Amendment's "plain text" and a departure from "common-law history, this court's precedent, a federal statute, and over a century of executive branch practice." It has been argued that Trump's actions are driven by a desire to dispense with due process, deport citizens and non-citizens at will, and ignore the Constitution's elections clauses.
Trump has also been accused of having no intention to "preserve, protect, and defend" the Constitution, instead showing outright hostility towards it. His lack of understanding of the document has been noted, with his response to a question about Article 1 of the Constitution, addressing the powers and limits of the president, being: "I'm for Article I, I'm for Article II, I'm for Article XII." There are only seven Articles in the US Constitution.
Trump's attorneys have previously invoked the First Amendment as a defense during impeachment proceedings, arguing that the former president's political statements at a rally constituted free speech. However, this argument did not appear to impact the Senators' decision during the impeachment trial.
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Trump's counter-constitution
On 20 January 2025, former President Donald Trump began his second term as President of the United States. On the first day of his second term, Trump issued Executive Order 14,160, which claimed that "United States citizenship does not automatically extend to persons born in the United States". This directly contradicts the Fourteenth Amendment, which guarantees birthright citizenship. Trump's order specifically excludes babies born to parents in the US under "illegal conditions", and sparked litigation from 23 states, two immigrant advocacy organisations, and five pregnant women.
Trump's executive order is just one of 152, and is emblematic of his administration's approach to the US Constitution. Trump has been accused of making a mockery of the Constitution, with his lawyers telling the Supreme Court that the Constitution does not apply to the President. This is in line with Trump's own views, as expressed in an interview with Time magazine, where he disagreed with John Adams's statement that the US is "a government ruled by laws, not by men". Trump's lawyers have also argued that the First Amendment's protection of free speech should limit the conduct that can be considered an impeachable offence.
Trump's disdain for the Constitution is further evidenced by his calls for the "termination" of parts of the document following his false claims that the 2020 election was stolen. He wrote on his Truth Social media platform that "a massive fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution". This statement was rebuked by officials in both parties, with Rep. Mike Turner of Ohio, the top Republican on the House Intelligence Committee, stating that he "absolutely" condemns the remarks.
Trump's actions and statements have been described as a counter-constitution, with his administration issuing guidance that instructs federal workers to follow his executive orders over all other sources of law. Those who refuse to comply are fired, placed on administrative leave, or simply quit rather than violate the law. Trump's executive orders have destroyed many of the certainties of the American constitutional system, and his administration is acting as if these orders are the only laws that count.
Trump's disregard for the Constitution and the rule of law has been evident throughout his presidency. He has attempted to intimidate lawyers and law firms from challenging his abuse of power, and has usurped the constitutional powers of Congress. Trump's lawyers have also petitioned the Supreme Court to end the ability of lower federal courts to issue nationwide injunctions, which would make it more difficult for individuals whose rights are being violated to seek justice.
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Trump's disregard for the 14th Amendment
The 14th Amendment to the US Constitution, ratified after the Civil War, bars current and former federal, state, and military officials who have "engaged in insurrection or rebellion" from holding office again. In 2021, then-President Trump was accused of inciting the US Capitol riot, an attempt to overturn the 2020 election results. This sparked debate about whether Trump could be disqualified from holding office again under Section 3 of the 14th Amendment.
Legal scholars and voters in multiple states argued that Trump's actions constituted insurrection, and thus he should be barred from running for president in 2024. The Colorado Supreme Court ruled in favour of this interpretation, removing Trump from the state's 2024 presidential primary ballot. This marked the first time that Section 3 of the 14th Amendment had been used to disqualify a presidential candidate.
Trump's legal team disputed this ruling, arguing that Trump was not an "officer of the United States" and that federal legislation was needed to enforce Section 3. They also claimed there was a lack of evidence that Trump had taken part in an insurrection. The case, Donald J. Trump v. Norma Anderson, reached the US Supreme Court on February 8, 2024, with the Court deciding whether Colorado could exclude Trump from the ballot based on his role in the Capitol riot.
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Trump's impeachment and the First Amendment
Former US President Donald Trump was impeached for the first time on December 18, 2019, on two articles of impeachment: abuse of power and obstruction of Congress. Trump's impeachment was the result of a formal inquiry that found he had solicited foreign interference in the 2020 US presidential election and had then obstructed the inquiry by telling his administration officials to ignore subpoenas.
Trump was impeached for a second time in 2021 following the January 6 United States Capitol attack, making him the first US president to be impeached twice. The House Judiciary Committee also voted to adopt three articles of impeachment against Richard Nixon, but he resigned before the full House vote. Trump was acquitted by the Senate in February 2021 after he had left office.
In May 2025, Democratic Representative Shri Thanedar moved to force a House vote on his articles of impeachment against Trump. On the House floor, Thanedar accused Trump of "committing crimes since Day One," including "violating First Amendment rights [and] ignoring due process." Trump railed against the efforts to impeach him, writing on Truth Social: "The Democrats are really out of control... These Radical Left Lunatics are into the 'Impeachment thing' again."
During Trump's first impeachment trial, his attorneys invoked the First Amendment as a defense, asserting that free speech protections apply and limit the conduct that can be considered an impeachable offense. They argued that Trump's political statements at a rally constituted core free speech under the First Amendment and thus were not impeachable offenses. The House managers disagreed, arguing that the First Amendment does not apply in an impeachment proceeding because impeachment does not seek to punish unlawful speech but to protect the nation from a President who violated his oath of office and abused the public trust.
The First Amendment arguments made by Trump's attorneys did not appear to have an impact on Senators, as only one Senator who voted to acquit mentioned the First Amendment in the formal explanation of his vote. Senator Dan Sullivan claimed that the House managers' incitement charge could undermine core constitutional protections for Americans and their ability to undertake political speech in the future. However, Senator Charles E. Schumer countered that the First Amendment right to free speech protects Americans from jail, not Presidents from impeachment.
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Frequently asked questions
Donald Trump has been quoted as saying that he supports Articles I, II, and XII of the Constitution. However, there are only seven Articles in the US Constitution, and Trump has been accused of being hostile towards the Constitution, with his lawyers even arguing that it does not apply to the President.
Yes, Trump has called for the "termination" of parts of the Constitution, specifically in relation to the 2020 election, which he falsely claimed was stolen.
Yes, Trump was impeached twice during his single term in office, but he was acquitted on all counts by the Senate.
