Omar Bennett
Former US President Donald Trump has been accused of disregarding the US Constitution and violating the law on multiple occasions. Trump's controversial actions have raised concerns about his understanding of and respect for the Constitution, the supreme law of the United States. One notable example is his attempt to end birthright citizenship, which is guaranteed under the 14th Amendment, by signing an executive order within hours of taking office. Trump has also made statements suggesting new restrictions on the First Amendment's freedom of the press and has sought to hold onto power beyond the limits stipulated by the Constitution. Legal experts and scholars have criticized his actions as a blitzkrieg on the law and the Constitution, highlighting the potential consequences for democracy and individual rights.
| Characteristics | Values |
|---|---|
| Attempting to hold onto power after the Constitution stipulates he must give it up | Seeking a third term |
| Firing members of independent boards who were appointed by Democratic presidents | Unprecedented and illegal |
| Spending freeze | Ignoring Congress's constitutional power |
| Violating the constitution and acts of Congress | Weakening the rule of law |
| Attacking critics | Dictatorial impulses |
| Executive order to end birthright citizenship | Blantantly unconstitutional |
| Proposed ban on foreign Muslims immigrating to the US | Violation of the First Amendment's Free Exercise Clause and the 14th Amendment's Equal Protection Clause |
| Enact new restrictions on the First Amendment's guaranteed freedom of the press | Unconstitutional |
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What You'll Learn
Trump's attempt to end birthright citizenship
On his first day in office, President Donald Trump signed a series of executive orders, including one that attempts to end birthright citizenship. This right has long been guaranteed under the US Constitution's 14th Amendment, which 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."
Trump's executive order, titled "Executive Order 14156: Protecting the Meaning and Value of American Citizenship", aimed to end birthright citizenship for babies of undocumented immigrants and people with temporary status in the US. This marked a significant departure from over 125 years of precedent, as the US has had a longstanding policy of unrestricted birthplace-based citizenship.
The attempt to end birthright citizenship was quickly met with legal challenges from states, immigrant rights groups, and expecting mothers. Judges in lawsuits joined by 22 states and Washington, D.C., blocked the citizenship ban nationwide while litigation continues. Senior US District Judge John Coughenour in Seattle blocked the Trump administration from enforcing the executive order anywhere in the US, deeming birthright citizenship "a fundamental constitutional right."
The Supreme Court has also weighed in on the issue, with Judge Horace Gray ruling in 1898 in United States v. Wong Kim Ark that a child born to Chinese immigrants was a US citizen based on birthright. This ruling affirmed the precedent that anyone born in the US is a citizen, regardless of their parents' immigration status.
Trump's interpretation of the "jurisdiction" line in the 14th Amendment has been widely contested by constitutional experts and existing government policy. They argue that it is meant to exempt birthright guarantees to the children of foreign diplomats with diplomatic immunity, who are not subject to US jurisdiction.
The attempt to end birthright citizenship is just one example of Trump's contentious relationship with the Constitution. Legal experts and scholars have expressed concern over his disregard for the rule of law and his efforts to destabilize democracy and expand his power.
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Trump's disregard for the constitution's limits
The Constitution of the United States is the supreme law of the land, providing limitations on the government to protect the fundamental rights of US citizens. However, President Trump's actions have demonstrated a disregard for the Constitution's limits, with legal experts characterising his conduct as a "blitzkrieg on the law and the constitution".
One of the most notable instances of Trump's disregard for the Constitution is his attempt to end birthright citizenship, which is guaranteed under the 14th Amendment. Within hours of taking office, he signed an executive order seeking to deny citizenship to children born in the US to foreign diplomats with diplomatic immunity. This order was met with swift legal challenges, with a coalition of attorneys general arguing that it was "blatantly unconstitutional and un-American". Trump's interpretation of the "jurisdiction" line in the 14th Amendment has been criticised by constitutional experts and contradicts over a century of case law and existing government policy.
Trump has also threatened the freedom of the press, a right protected by the First Amendment. He stated his intention to "open up those libel laws" to make it easier to sue news organisations for publishing stories with minor inaccuracies, even if they are not malicious. This would directly contradict long-standing Supreme Court interpretations of the First Amendment, which require public figures to prove that a news outlet acted with "actual malice" to win a libel suit.
Furthermore, Trump's proposed ban on foreign Muslims immigrating to the US may violate the First Amendment's Free Exercise Clause and the 14th Amendment's Equal Protection Clause. While immigration policy is typically set by the president and Congress, any law based on animus towards a particular religious or ethnic group is unconstitutional.
Trump's impulsive decision-making and attacks on individual rights have led to concerns that he is undermining the rule of law and respect for the Constitution. His actions have been compared to those of Andrew Jackson, another president known for flouting the Constitution to expand his power. Legal scholars worry that Trump's repeated violations of the Constitution are weakening the fabric of American democracy and creating uncertainty about the future of the constitutional system.
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Trump's impulsive decision-making
Furthermore, Trump's impulsive decision-making has extended to his interpretation of the Constitution's "jurisdiction" line. His administration's interpretation contradicts over a century of case law, constitutional experts, and existing government policy. This impulsive reinterpretation of the Constitution has led to a lawsuit by a coalition of attorneys general, who argue that Trump's executive order is "blatantly unconstitutional and un-American."
Trump's impulsive decisions have also targeted individual rights and civil liberties. He has suggested enacting new restrictions on the First Amendment's freedom of the press, stating his intention to "open up those libel laws" to sue news organizations. This proposal goes against long-established understandings of the First Amendment and the constitutional protections afforded to the press.
Additionally, Trump's impulsive decision-making has resulted in unprecedented and illegal actions, such as the firing of members of independent boards appointed by Democratic presidents. Kate Andrias, a professor of constitutional law, called these firings "unprecedented and illegal," highlighting Trump's disregard for established norms and the rule of law.
In conclusion, Trump's impulsive decision-making has consistently threatened the US Constitution, individual rights, and the rule of law. His actions have weakened respect for the Constitution and raised concerns about the future of America's constitutional system.
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Trump's unconstitutional third term
In 2025, former US President Donald Trump indicated that he is considering running for a third term in office. He said that many people are encouraging him to run again, but added that he doesn't want to talk about it yet. Trump's statement has raised concerns about his disregard for the US Constitution, as the 22nd Amendment ratified in 1951 clearly states that "no person shall be elected to the office of the President more than twice."
Trump's suggestion of serving a third term as president is not the first time he has challenged the Constitution. In the past, he has taken actions that legal experts have deemed "unprecedented and illegal," such as firing members of independent boards appointed by Democratic presidents who still had years left in their terms. Trump has also attempted to end birthright citizenship, which is guaranteed under the 14th Amendment of the Constitution.
Legal scholars and constitutional law professors have asserted that there are no credible legal arguments for Trump to run for a third term. Pursuing a third term would require an extraordinary level of cooperation from federal and state officials, as well as the courts and voters. Trump's persistence in floating the idea of a third term has led to speculation that he is doing so for political reasons, to maintain his influence and avoid being seen as a lame-duck president.
Trump's talk of an unconstitutional third term has significant implications for America's constitutional system and democracy. It remains to be seen whether his statements are serious or simply a tactic to distract from other news and maintain his relevance in the Republican Party. However, his actions have undoubtedly raised concerns about the future of constitutional governance in the United States.
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Trump's violation of the First Amendment
Trump's disregard for the US Constitution has been likened to a "blitzkrieg on the law and the constitution" by legal experts. In this context, his violation of the First Amendment is a significant concern.
Trump has waged an unprecedented attack on the First Amendment rights of journalists. He sued Meta, and after his victory in 2024, Meta settled and agreed to pay him $25 million, with $22 million going to his presidential library. Meta also decided to get rid of fact-checkers and rely on reader-submitted "community notes" to identify misinformation. Brendan Carr, Trump's pick to run the Federal Communications Commission (FCC), has pledged to "dismantle the censorship cartel and restore free speech rights for everyday Americans." However, the previous FCC chair dismissed similar complaints as attacks on the First Amendment.
Trump's actions have also impacted federally funded programs, with a memo issued on January 27 pausing all such programs pending a review of their alignment with the administration's priorities. This included ensuring that no funding supported "Marxist equity, transgenderism, and green new deal social engineering policies." The Center for Democracy and Technology (CDT) argued that this was a blatant attempt to force government grantees to cease engaging in speech about diversity, climate change, and LGBTQ issues, which the First Amendment does not permit.
Trump's stance on immigration and his administration's actions have also raised First Amendment concerns. His administration targeted law firms with Democratic affiliations, revoking security clearances for lawyers who provided legal services to those who investigated Trump. This has intimidated some high-profile attorneys from taking on cases that challenge the administration. Additionally, Trump's policy to revoke visas and green cards from supporters of Hamas, designated as a terrorist organization, has been criticized as a violation of free speech rights.
Trump's attempts to interfere with the 2020 election results and his claims of election fraud also implicate the First Amendment. While he has the right to speak publicly about the election, his efforts to pressure officials, lawmakers, and the vice president to obstruct the certification of election results and alter the outcome constitute criminal conduct, which is not protected by the First Amendment.
Overall, Trump's actions and policies have raised serious concerns about violations of the First Amendment, with legal experts and courts stepping in to address these issues.
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Frequently asked questions
It is the supreme law of the United States, which provides the government with its powers and limitations to protect the fundamental rights of US citizens.
Trump has been accused of attempting to rewrite parts of the Constitution, particularly the 14th Amendment, which guarantees birthright citizenship. He has also suggested restricting the First Amendment's freedom of the press and enacting a ban on foreign Muslims immigrating to the US, which may violate the Constitution.
Legal experts argue that Trump's actions weaken the rule of law and respect for the law. His impulsive decisions and disregard for constitutional limits have been compared to those of a dictator.
No, the President cannot change the Constitution through executive orders. Amending the Constitution requires a two-thirds vote in both the House and Senate, as well as ratification by three-quarters of the states.
Trump's attempts to hold onto power beyond the limits set by the Constitution and his efforts to destabilize and undermine democracy pose a significant threat to the future of America's constitutional system.
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