Omar Bennett
Former US President Donald Trump has been accused of violating the US Constitution on several occasions during his tenure. From his controversial statements to his rapid-fire executive actions, Trump has drawn criticism from legal experts, historians, and constitutional scholars. One of the most notable instances was the federal funding freeze, which many saw as an attempt to ignore Congress's constitutional power of the purse. Trump has also been accused of violating the Emoluments Clause and facing potential impeachment inquiries. His administration's actions have been described as a 'blitzkrieg' on the law and the constitution, with concerns raised about the weakening of the rule of law and respect for it.
| Characteristics | Values |
|---|---|
| Impeachment | President Trump's attorneys argued that his statements at a rally were protected by the First Amendment and therefore not impeachable. However, House managers disagreed, stating that impeachment is about protecting the nation from a President who violates his oath of office and abuses public trust. |
| Abuse of Office | President Trump was accused of obstructing the House impeachment investigation by defying subpoenas, which was seen as an abuse of office and a threat to constitutional government. |
| Free Speech | Trump's attorneys invoked the First Amendment as a defense during his impeachment trial, arguing that free speech protections apply and limit impeachable conduct. |
| Due Process | Trump was criticized for sending prisoners to El Salvador without due process, raising concerns about his disregard for constitutional rights. |
| Birthright Citizenship | Trump's executive order to end birthright citizenship for children of undocumented immigrants was halted by district courts and faced legal challenges. |
| Respect for the Law | Legal experts expressed concern that Trump's actions weakened the rule of law and respect for the Constitution, with some characterizing his approach as a "blitzkrieg on the law." |
| Term Limits | There were speculations about Trump potentially serving a third or fourth term as President due to a loophole in the 22nd Amendment, despite the amendment's intention to limit presidents to two terms. |
| Staff Appointments | Trump was observed to exclude appointees who might hesitate on moral, legal, or practical grounds to implement his proposals, creating a screening device to filter out those who didn't align with his claims of election victory in 2020. |
Explore related products
What You'll Learn
Trump's disregard for the US Constitution
Former US President Donald Trump has been criticised for his disregard for the US Constitution. Legal experts have called his actions a "blitzkrieg on the law and the constitution". Trump has been accused of attempting to expand his presidential powers and acting in contravention of the Constitution and federal statutes.
One example of this is his administration's attempt to restrict birthright citizenship for the children of people who are in the US illegally. This right was enshrined in the Constitution's 14th Amendment after the Civil War. Trump's executive order on this issue has been halted by three district courts, with appeals courts declining to disturb those rulings.
Trump has also been accused of obstructing the House impeachment investigation by directing the defiance of subpoenas issued by the House of Representatives. This was seen as an abuse of office and a subversion of constitutional government.
In addition, Trump has been criticised for his handling of prisoners seized without due process. It was reported that Trump handed over prisoners to the president of El Salvador, Nayib Bukele, before the courts could act, despite a judge ordering Bukele to return the prisoners.
Furthermore, Trump has been accused of equating opposition or any deviation from his goals with illegality. He has labelled his electoral opponents, media organisations, and critics as criminals.
Finally, there are concerns that Trump could exploit a loophole in the 22nd Amendment, which limits presidents to two terms, to serve a third or even fourth term. This scenario has been deemed possible by experts, and it is argued that it would not require complex legal manoeuvring to achieve.
Understanding the Executive Branch: 3 Key Components
You may want to see also
Trump's impeachment and the First Amendment
The impeachment of Donald Trump, the former President of the United States, was initiated by Democratic representatives Al Green and Brad Sherman in 2017. The first impeachment took place on December 18, 2019, when the House of Representatives adopted two articles of impeachment against Trump: abuse of power and obstruction of Congress. The second impeachment occurred in 2021 following the United States Capitol attack, making Trump the first US president to be impeached twice.
Trump's defense team invoked the First Amendment as a shield against impeachment, arguing that his political statements at the rally were protected by free speech. They asserted that free speech protections limited the scope of conduct that could be considered impeachable. However, the House managers disagreed, emphasizing that impeachment aimed to safeguard the nation from a president who violated his oath and abused public trust. They further contended that Trump's calls to violence fell within the category of unprotected speech aimed at inciting lawless action.
The First Amendment grants citizens the right to free speech, which protects Americans from imprisonment for their words. However, this protection does not extend to granting immunity to presidents facing impeachment. The Senate explicitly asserted jurisdiction over Trump for acts committed during his presidency, including his involvement in the Capitol riots.
Trump's impeachment trials revealed deep partisan divisions and disagreements over legal and factual matters. Ultimately, Trump was acquitted on both impeachment charges by the Senate, as neither charge garnered the required 67 votes for conviction.
The Press Clause: A Constitutional Right?
You may want to see also
Trump's restrictions on birthright citizenship
The debate surrounding former President Donald Trump's attempts to restrict birthright citizenship revolves around the interpretation of the 14th Amendment. The amendment states that persons born in the United States and "subject to the jurisdiction thereof" are citizens.
The Trump administration argued that the "subject to the jurisdiction thereof" clause excludes children of non-citizens who are in the US unlawfully from birthright citizenship. They sought to strip certain babies born in the US of their citizenship if their mother was unlawfully present in the country and their father was not a US citizen or permanent resident.
However, this interpretation has faced significant legal challenges and has been blocked by federal courts. Judges have ruled that citizenship is a right afforded by birth and that no politician can decide who among those born in the country is worthy of citizenship. Legal scholars and constitutional experts agree that Trump cannot end birthright citizenship with an executive order, and such a move would require a constitutional amendment, which is highly unlikely given the current political climate.
Despite lower courts ruling against his plans, Trump has taken the case to the conservative-dominated Supreme Court. Eighteen states have sued the federal government over the executive order, and it remains to be seen how the Supreme Court will rule on the matter. In the meantime, birthright citizenship remains the law of the land.
The FBI: Executive Branch Enforcer?
You may want to see also
Explore related products
Loopholes in the 22nd Amendment
The 22nd Amendment to the US Constitution, ratified in 1951, addresses presidential term limits, stating, "No person shall be elected to the office of the President more than twice." This amendment was passed in response to President Franklin D. Roosevelt being elected four times and to prevent the rise of dictatorships.
However, there have been questions about potential loopholes in the 22nd Amendment, specifically regarding the use of the word "elected." Some have argued that this loophole could allow a former two-term president to serve as vice president and then succeed to the presidency if the incumbent dies, resigns, or is removed from office. This scenario is based on the 12th Amendment, which states that those ineligible to be president cannot be vice president, but it is unclear if this applies to term limits.
Legal scholars and constitutional experts have disputed this interpretation, calling it "'implausible' and a 'misinterpretation' of the 12th Amendment. They argue that the 22nd Amendment clearly intends to prevent a third term for a president. Despite this, President Donald Trump has suggested that "methods" exist for him to serve a third term, but legal experts say this would violate both the spirit and letter of the amendment.
It is worth noting that, over the years, several presidents have expressed their opposition to the 22nd Amendment, and there have been numerous attempts in Congress to repeal or alter it. However, the amendment has been in force since 1951, and any changes would require a constitutional amendment, which has not occurred as of 2025.
Understanding Overtime Eligibility for Part-Time Workers in California
You may want to see also
Trump's abuse of office
The US Constitution is the supreme law of the United States, providing limitations on the government to protect the fundamental rights of US citizens. However, former President Donald Trump has been accused of a blatant disregard for the Constitution, with some experts claiming that he has carried out "a blitzkrieg on the law and the constitution".
Trump has been impeached twice, the first time in 2019, and the second time in 2021. The first impeachment was for abuse of power and obstruction of Congress, relating to his dealings with Ukraine. The second impeachment was for "incitement of insurrection" following the Capitol Riots on January 6, 2021. Trump's attorneys argued that his statements at the rally were protected under the First Amendment. However, the House managers disagreed, stating that impeachment does not seek to punish unlawful speech, but rather to protect the nation from a President who violated his oath of office and abused the public trust.
Trump has also been accused of attempting to overturn the results of the 2020 election, which some claim posed a "mortal threat" to his career. He and his allies have also adopted a habit of equating opposition with illegality, with Trump labelling all three of his electoral opponents, as well as many media organizations, as criminals. He has also attempted to interfere with the independence of independent boards, firing members of the NLRB and EEOC, despite them being appointed and having years left in their terms.
Furthermore, Trump has attempted to seize Congress's constitutionally-mandated spending power, with historian Julian Zelizer claiming that his spending freeze was "an effort to essentially ignore Congress's constitutional power". Trump has also restricted birthright citizenship for the children of people in the US illegally, which has been halted by three district courts and is currently being challenged in the Supreme Court.
Finally, there are concerns that Trump could exploit a loophole in the 22nd Amendment, which limits presidents to two terms, to serve a third or even fourth term. This loophole could allow him to remain in office until 2037 when he would be 90 years old.
The Constitution's First Chapter: A Historical Overview
You may want to see also
Frequently asked questions
Yes, according to legal experts, Trump's actions were a "blitzkrieg on the law and the constitution". He was also accused of attempting to expand his power by seizing Congress's spending power.
Yes, Trump tried to overturn the election results by claiming that the election was "rigged and stolen". He also fired several national-security officials who refused to repeat his claim of winning the election.
Yes, according to Tribe, a legal expert, Trump's actions were weakening the rule of law and respect for the law. Trump's attempts to overturn the election results and his disregard for the Constitution posed a mortal threat to his career.
There were attempts to impeach Trump, with the House of Representatives voting to impeach him on December 18, 2019. However, the Senate trial was characterized by deep partisan divides and Trump was not convicted.
![[1510777814] [978-1510777811] A book Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law Dershowitz Hardcover 2023](https://m.media-amazon.com/images/I/71IMXlw98jL._AC_UY218_.jpg)
