Simone Lawson
Former US President Donald Trump has been accused of violating the US Constitution on numerous occasions. From his open attacks on the deep state to his public criticism of sitting federal judges, Trump has worn his constant attacks on the structures of government as a badge of honour. Trump has been accused of misusing the military for his own domestic political purposes, illegally reprogramming federal funds, and politicising independent agencies. He has also been criticised for his administration's assault on civil and human rights, including his attempt to halt the 2020 Census count early and his implementation of the Migrant Protection Protocols, which force Central Americans seeking asylum to remain in Mexico indefinitely while their claims are processed. Trump has also been accused of violating the Constitution's 14th Amendment, which guarantees birthright citizenship to all children born in the US, by attempting to deny citizenship to babies born to immigrants.
| Characteristics | Values |
|---|---|
| Misuse of the military for domestic political purposes | Using the military as a personal police force |
| Illegal reprogramming of federal funds | Redirecting 4,800 guards and marines to Los Angeles |
| Politicization of independent agencies | The Department of Labor’s Office of Federal Contract Compliance Programs |
| Open violation of federal law | In the areas of immigration and environmental protection |
| Challenging congressional subpoenas | Trump v. Mazars |
| Violating the separation of powers and federalism | Claiming immunity from state criminal processes |
| Attacking the "deep state" | Publicly disparaging sitting federal judges |
| Discrimination | Granting a waiver to South Carolina to allow state-licensed child welfare agencies to discriminate based on religious beliefs |
| Violating civil rights | Executive order attempting to rewrite the 14th Amendment |
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What You'll Learn
Misuse of the military
One of the most significant ways in which former President Donald Trump violated the US Constitution was through the misuse of the military for his own domestic political purposes.
Trump's deployment of the military to Los Angeles in 2025 is a prime example of this. In response to protests in the city, Trump sent 4,800 National Guards and Marines—more soldiers than were currently stationed in Iraq and Syria combined. This action was widely seen as an abuse of power and a violation of the state's rights. Governor Newsom of California criticised Trump's decision, stating that it went beyond the stated intent of targeting violent criminals and amounted to an illegal takeover of the National Guard. The deployment also infringed upon Newsom's role as Commander-in-Chief of the California National Guard and violated the state's sovereign right to control its National Guard.
Trump's justification for the deployment was that he was addressing an insurrection, but this claim was rejected by Governor Newsom and the Ninth Circuit, which stated that the situation did not meet the criteria for federalisation. The former president had a history of making such claims, as he had previously asserted that he could federalise the National Guard without judicial scrutiny, which legal experts deemed an attempt to avoid scrutiny and a critical check on presidential overreach.
Trump's deployment of the military to Los Angeles was not an isolated incident. He had a history of lodging aggressive and outlandish constitutional claims to support his controversial policies. By deploying the military to Los Angeles, Trump was able to achieve his policy goals, even in the face of pushback from Congress, the courts, and the states. This pattern of behaviour demonstrates a blatant disregard for the separation of powers and federalism, core tenets of the US Constitution.
The misuse of the military by Trump was not just about California. His order applied to every state in the country, putting them all at risk of federal overreach and the violation of their rights. This action by Trump set a dangerous precedent and highlighted his willingness to use the military as a tool to exert his power and further his political agenda.
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Politicisation of independent agencies
In February 2025, President Trump issued an executive order that placed independent regulatory agencies under his control. This order was part of a broader plan, outlined in Project 2025, to establish authoritarian, single-party control in the United States.
The agencies affected by this order include the Federal Trade Commission (FTC), Federal Communications Commission (FCC), Securities and Exchange Commission (SEC), Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), Consumer Financial Protection Bureau (CFPB), and National Credit Union Administration (NCUA). These agencies were set up by Congress to be independent of the White House and are typically made up of commissioners appointed by the president. They are responsible for promoting regulations over the industries and business sectors they oversee.
Trump's executive order mandates that all regulations and proposals from these agencies must be routed through the Office of Management and Budget, effectively giving the president, and the president alone, control over all regulations in the country. This includes everything from shareholder disclosures to safety standards for children's toys. There is no requirement for hearings, panels of experts, or opportunities for public comment.
Critics argue that this order is a dangerous attack on the health, safety, environment, economy, and democracy of the nation. By removing the independence of these agencies, the administration is accused of shielding corporations from accountability and centralizing more power within the White House. This order also gives the White House the ability to set performance standards for independent agency heads, creating pretexts to unlawfully fire them.
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Violation of federal law
President Trump has been accused of violating federal law in several ways. Firstly, he has been accused of illegally repurposing federal funds to achieve his policy objectives, such as when he froze all federal grants and loans across the government, amounting to about $1 trillion, in an attempt to stop what he called "Marxist equity, transgenderism, and green new deal social engineering policies". This was a significant breach since, under the Constitution, Congress has the power of the purse and is in charge of appropriating money for federal government activities.
Secondly, Trump has been accused of misusing the military for his domestic political purposes, such as when he deployed the military in Los Angeles, far beyond his stated intention of targeting violent criminals, and when he threatened to arrest Governor Newsom, with whom he disagreed. This was seen as an "unmistakable step towards authoritarianism".
Thirdly, Trump has been accused of politicizing independent agencies for his own ends, such as when he ordered the closure of the U.S. Agency for International Development (USAID), which was established as an independent entity by Congress in 1998.
Fourthly, Trump has been accused of violating federal law in the areas of immigration and environmental protection. For example, he issued an executive order purporting to end birthright citizenship, which a federal judge blocked as "blatantly unconstitutional".
Finally, Trump has been accused of strong-arming state and local governments by threatening to withhold federal funds if they did not comply with his priorities. These actions have been seen as an assault on the constitutional structures and the rule of law, with some scholars arguing that Trump is the most lawless president in US history.
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Attacking the 'deep state'
President Donald Trump has been accused of launching an assault on the "deep state", which has been interpreted as an attack on the constitutional structures of government. This accusation is based on several actions taken by the Trump administration.
Firstly, Trump has been accused of misusing the military for his own domestic political purposes. In 2020, during protests in Portland, Trump stated that he could "call insurrection", but that there was no reason to "call in the National Guard unless we are requested by a Governor". However, in 2025, Trump deployed 4,800 guards and Marines to Los Angeles without the consent of Governor Newsom, infringing on the Governor's role as Commander-in-Chief of the California National Guard and violating the state's sovereign right to control its National Guard. This action has been criticised as an unlawful attempt to turn the military into his personal police force against American citizens.
Secondly, Trump has been accused of illegally reprogramming federal funds to achieve his policy objectives. He has strong-armed state and local governments by threatening to withhold federal funds if they do not fall in line with his priorities, which has been seen as an abuse of power and a violation of the separation of powers.
Thirdly, Trump has politicised independent agencies for his own ends. He has openly attacked sitting federal judges and divided the nation into "red states" and "blue states", using divisive rhetoric to rally his political base.
Trump's actions have been characterised as a brazen and relentless assault on the constitutional structures of government, with his aggressive and outlandish constitutional claims often aggrandising the power of the presidency at the expense of the coordinate branches and states.
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Denying citizenship to US-born children
Shortly after being sworn in for his second term, former US President Donald Trump signed an executive order that reinterpreted the meaning of the 14th Amendment, which has long been understood to grant automatic citizenship to nearly everyone born on US soil. The order seeks to deny citizenship to babies born to undocumented migrants and visitors without green cards.
The 14th Amendment, which was ratified in 1868, guarantees the citizenship of all children born in the United States (except for the children of foreign diplomats) regardless of race, colour, or ancestry. It states that "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 amendment was passed in the wake of the US Civil War to settle the question of the citizenship of freed, American-born former slaves.
Trump's executive order to end automatic citizenship for US-born children of undocumented immigrants and foreign residents captured intense public attention and was challenged by immigrant rights advocates, who argued that it was unconstitutional. The American Civil Liberties Union (ACLU) filed a lawsuit against the Trump administration, arguing that the order flouted the Constitution's dictates, congressional intent, and longstanding Supreme Court precedent.
The lawsuit argued that denying citizenship to US-born children is not only unconstitutional but also a ruthless repudiation of American values. It stated that birthright citizenship is part of what makes the United States a strong and dynamic nation, and that the order seeks to create a permanent subclass of people born in the US who are denied full rights as Americans.
Multiple courts around the country have blocked the government from obeying the order, ruling that it is most likely illegal. Eighteen states have sued the federal government over the executive order, and the US Supreme Court will soon weigh in on the matter.
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Frequently asked questions
President Trump has been accused of violating the Constitution by deploying the military to Los Angeles without the consent of Governor Newsom, which infringed on Newsom's role as Commander-in-Chief of the California National Guard.
Trump has been accused of attempting to rewrite the 14th Amendment by signing an executive order that denies citizenship to babies born to immigrants on U.S. soil.
Trump has been accused of illegally reprogramming federal funds, politicizing independent agencies, and openly violating federal law in the areas of immigration and environmental protection.
