Isabella Carter
Former US President Donald Trump has been accused of violating the US Constitution and was impeached twice by the House of Representatives. The first impeachment, in 2019, was related to allegations that Trump abused the power of his office and obstructed the work of Congress. The second impeachment, in 2021, was for incitement of insurrection following the attack on the US Capitol. While the House has the sole power of impeachment, the Senate has the sole responsibility to try impeachments. Trump's attorneys have argued that an impeachable offense must be a violation of established law and that Trump's actions did not meet this standard. However, legal experts and members of Congress have asserted that Trump's actions, including potential conflicts of interest, obstruction of justice, and incitement of violence, violated the Constitution and warranted impeachment. The debate centers on interpreting the Constitution's definition of impeachable offenses as treason, bribery, or other high crimes and misdemeanors.
| Characteristics | Values |
|---|---|
| Article I, Section 2, Clause 5 | Grants the sole power of impeachment to the House of Representatives |
| Article I, Section 3, Clause 6 | Assigns the Senate sole responsibility to try impeachments |
| Article I, Section 3, Clause 7 | Provides that the sanctions for an impeached and convicted individual are limited to removal from office and potentially barred from holding future office |
| Article II, Section 2, Clause 1 | Provides that the President enjoys the pardon power, but it does not extend to cases of impeachment |
| Article II, Section 4 | Defines which officials are subject to impeachment and what kinds of misconduct constitute impeachable behavior; allows impeachment for "treason, bribery, or other high crimes and misdemeanors" |
| Article III, Section 1 | Establishes that federal judges shall hold their seats during good behavior |
| First Amendment | Provides free speech protections |
| Foreign Emoluments Clause | Bars federal officials from receiving payments from foreign officials |
| Domestic Emoluments Clause | Prohibits a sitting president from accepting compensation beyond their salary |
| War Powers Act | Grants Congress the authority to "declare war" and regulate the armed forces |
| Constitution Article I, Section 9 | States that holders of public office cannot "accept... any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state" |
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What You'll Learn
- Violation of Article I, Section 9, which bans holders of public office from receiving financial benefits from foreign governments
- Inciting white supremacy, sexism, bigotry, hatred, xenophobia, race-baiting, and racism
- Obstruction of justice in the ousting of Comey
- Violation of the Foreign Emoluments Clause, which bars federal officials from receiving payments from foreign officials
- Violation of the First Amendment, by encouraging law enforcement officials to violate the constitutional rights of suspects
Violation of Article I, Section 9, which bans holders of public office from receiving financial benefits from foreign governments
Article 1, Section 9 of the US Constitution, also known as the Foreign Emoluments Clause, bans holders of public office from receiving financial benefits from foreign governments. The clause states that no person holding any "Office of Profit or Trust" shall, "without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any king, prince, or foreign state".
The interpretation of the clause has been a topic of debate, with some arguing that it only applies to appointed positions in the Judicial and Executive Branches of the government. However, others have interpreted it to include all federal officeholders, including the President.
In the case of former President Donald Trump, two legal experts, James C. Nelson and John Bonifaz, argued that Trump had violated Article 1, Section 9 by continuing to make money from foreign governments through his businesses. They identified 24 countries that were involved in current or previous business deals with the Trump Organization, including the Qatari state airline and the state-owned Bank of China, which rented space at Trump Tower. They also alleged that government-owned media organizations in several countries paid license fees to produce versions of Trump's reality TV show, "The Apprentice".
To address these potential conflicts of interest, Trump moved his assets into a trust managed by his sons and pledged to have no direct involvement in his companies during his presidency. He also promised that his businesses would make "no new foreign deals" during his term. Despite these measures, concerns remained about the potential influence of foreign governments on the Trump administration.
In May 2025, the Trump administration expressed its intention to accept a Boeing 747-8 jumbo jet from the royal family of Qatar, estimated to be worth US$400 million. This gift, intended for use as the new Air Force One, raised questions about a possible violation of the Emoluments Clause, as it would be the most valuable gift ever given to the United States by a foreign government.
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Inciting white supremacy, sexism, bigotry, hatred, xenophobia, race-baiting, and racism
During his presidency, Donald Trump was accused of violating the US Constitution and inciting white supremacy, sexism, bigotry, hatred, xenophobia, race-baiting, and racism. Trump's critics, including journalists, scholars, human rights activists, and the public, pointed to several instances where his words and actions fueled these sentiments and caused division and prejudice in American society.
One notable example was Trump's response to the 2017 NFL protests against racial injustice and police brutality. Trump referred to a player who knelt during the national anthem as a "son of a bitch," and his statement was widely interpreted as disrespectful to the players and their mothers, inciting racism and sexism. Trump's comments on Puerto Rico in the aftermath of Hurricane Maria were also criticized as disparaging and indicative of racial antipathy.
Trump's travel ban on several Muslim-majority countries was viewed as xenophobic and religious persecution by some, including Congressman Al Green, who introduced articles of impeachment against Trump. Trump's ban on transgender individuals serving in the military and his history of housing discrimination against African Americans further fueled accusations of bigotry and racism.
Trump's supporters, however, defended his actions and statements, invoking the First Amendment and arguing that his political statements were protected by free speech. They asserted that an impeachable offense must be a violation of established law, and no such violation had been committed by the President. The debate over the relationship between impeachment and criminal law highlighted deep partisan divides and complicated legal questions.
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Obstruction of justice in the ousting of Comey
In May 2017, President Donald Trump dismissed FBI Director James Comey. This led to widespread speculation about whether the episode constituted obstruction of justice.
Obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system. In the US, this typically refers to the legal and procedural tasks of prosecutors, investigators, or other government officials. Obstruction is a broad crime that may include acts such as perjury, making false statements to officials, witness tampering, jury tampering, and destruction of evidence.
In the context of Comey's dismissal, the question of obstruction hinges on the motives behind the firing. If President Trump or the Attorney General intended for Comey's dismissal to "influence, obstruct, or impede" the Russia investigation, that would constitute obstruction of justice, even if there were other, lawful goals involved.
There are three key requirements under the law for an obstruction of justice charge:
- There must have been a pending federal investigation or proceeding.
- The defendant must have known about it.
- The defendant must have corruptly endeavored to influence, obstruct, or impede the investigation or proceeding.
In the case of Comey's dismissal, the first two requirements are straightforward to establish. However, proving the third requirement—that Trump acted with the specific intent to impede the FBI's investigation—is challenging. Media reports of Comey's memo, in which he allegedly detailed Trump's request to end the agency's investigation into Michael Flynn, are incomplete, leaving unknowns about the specifics of the conversation.
Additionally, criminal charges in this context are unlikely due to the high burden of proof and the discretion of the Department of Justice, headed by Trump ally Attorney General Jeff Sessions.
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Violation of the Foreign Emoluments Clause, which bars federal officials from receiving payments from foreign officials
The Emoluments Clause, also known as the Foreign Emoluments Clause, is a provision of the U.S. Constitution (Article I, Section 9, Paragraph 8) that prohibits federal officeholders from receiving any gifts, payments, or benefits from a foreign state without the consent of Congress. The clause states:
> "No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."
Two legal experts, James C. Nelson, a former Montana Supreme Court judge, and John Bonifaz, the president of Free Speech for People, argued that Donald Trump had violated the Foreign Emoluments Clause and should be impeached. They named 24 countries that were involved in current or previous business deals with the Trump Organization, including the Qatari state airline and the state-owned Bank of China, which rented space at Trump Tower in New York. They also claimed that government-owned media organizations in several countries paid license fees to produce versions of Trump's reality TV show, "The Apprentice". Additionally, embassies of several states, including Kuwait and Bahrain, held events at Trump's hotels, generating significant revenue.
While there has been debate about the exact meaning and scope of the Foreign Emoluments Clause, most scholars agree that it applies to all federal officeholders, including the president. This interpretation is supported by historical records, such as the remarks of Edmund Jennings Randolph, one of the Framers, who stated that the clause protected against the president receiving emoluments from foreign powers and that a violation of this clause could be grounds for impeachment.
During his administration, President Trump faced three major federal lawsuits related to alleged violations of the Foreign Emoluments Clause. The litigation centred around the interpretation of the term "emolument" and whether it included private, arm's-length market transactions. Trump argued for a narrower definition, while plaintiffs urged for a broader interpretation to include any profit or gain from a foreign government. The district courts adopted the broader definition, but the appellate courts later vacated those decisions.
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Violation of the First Amendment, by encouraging law enforcement officials to violate the constitutional rights of suspects
During his time in office, former US President Donald Trump was accused of violating the First Amendment on several occasions. One of the most notable instances was when Trump encouraged law enforcement officials to violate the constitutional rights of suspects. This incident sparked widespread criticism and led to calls for his impeachment.
Trump's encouragement of law enforcement officials to violate the rights of suspects was seen as a direct contradiction to the First Amendment, which protects the rights of individuals, including freedom of speech, freedom of religion, and freedom from governmental intrusion. By encouraging law enforcement to disregard these rights, Trump was perceived as abusing his power and failing to uphold the Constitution he had sworn to defend.
In their arguments for impeachment, House managers asserted that Trump's calls for law enforcement to violate suspects' rights fell within the category of "unprotected speech directed to inciting or producing imminent lawless action." They claimed that the First Amendment's protection of free speech did not extend to speech that incited violence or lawless action, and thus, Trump's statements were not protected and could be considered impeachable.
Trump's attorneys, however, defended him by invoking the First Amendment and arguing that the former president's statements were protected political speech under the First Amendment. They claimed that impeachment based on such speech would set a dangerous precedent and undermine core constitutional protections for Americans. They asserted that free speech protections limited the conduct that could be considered an impeachable offense.
Despite these arguments, a majority of Senators disagreed with the interpretation that the First Amendment protected Trump's statements. They maintained that impeachment was not about punishing unlawful speech but about protecting the nation from a President who violated his oath of office and abused the public trust. Ultimately, Trump was impeached twice but acquitted by the Senate both times, with the debate over the link between unlawful acts and impeachable acts influencing individual Senators' votes.
In addition to the issues surrounding the First Amendment, Trump faced accusations of violating other constitutional provisions. Legal experts claimed that he breached Article 1, Section 9 of the Constitution, which prohibits public office holders from receiving financial benefits from foreign governments without congressional consent. This violation further fuelled impeachment calls, with experts citing Trump's global business entanglements and potential conflicts of interest.
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Frequently asked questions
Article 1, Section 9 of the US Constitution states that holders of public office cannot, "accept ... any present, emolument, office, or title, of any kind whatever, from any ... foreign state". Trump has been accused of violating this by receiving payments from foreign governments via his businesses.
Trump has been accused of inciting white supremacy, sexism, bigotry, hatred, xenophobia, racism, and race-baiting. He has also been accused of obstruction of justice and encouraging law enforcement officials to violate the constitutional rights of suspects.
Article I, Section 2, Clause 5 grants the sole power of impeachment to the House of Representatives. Article I, Section 3, Clause 6 assigns the Senate sole responsibility for trying impeachments. Article I, Section 3, Clause 7 states that impeachment results in removal from office and potentially a bar from holding future office.
