Malcolm Rivera
Former US President Donald Trump has been accused of breaking the law and violating the US Constitution on several occasions. Trump's critics, including legal experts, have pointed to his brazen violations of the Constitution, including the emoluments clause of Article 1, Section 6, and the appropriations clause of Article 1, Section 9. Trump has also been criticised for his attempts to terminate parts of the Constitution, such as his claim that a massive fraud [...] allows for the termination of all rules, regulations, and articles, even those found in the Constitution. Additionally, Trump's spending freeze was seen as an effort to ignore Congress's constitutional power, and his administration's legal tactics have been described as reflecting a dangerous willingness to ignore statutory and constitutional constraints. Trump's actions have sparked concerns about a constitutional crisis and weakening respect for the law.
| Characteristics | Values |
|---|---|
| First Amendment | Trump's attorneys argued that his political statements fell under free speech, and were not impeachable offenses. |
| Criminal Law | Trump's impeachment trial raised questions over whether high crimes and misdemeanors require evidence of a criminal act or other legal violation. |
| Fourteenth Amendment | Trump has staked out positions and advocated policies that conflict with the 14th Amendment. |
| "Emoluments" Clause | Trump has brazenly violated the "emoluments" clause of Article 1, Section 6. |
| "Appropriations" Clause | Trump has brazenly violated the "appropriations" clause of Article 1, Section 9. |
| Impoundment Act | Trump's spending freeze was seen as an attempt to ignore Congress's constitutional power of the purse and throw out the Impoundment Act. |
| National Labor Relations Act | Trump fired members of independent boards, which was deemed "unprecedented and illegal" as they can only be fired for neglect of duty and malfeasance. |
| Constitutional Amendments | Trump has declared that he will abolish birthright citizenship, which would require a constitutional amendment. |
Explore related products
What You'll Learn
Calls to incite violence
There are several instances of former US President Donald Trump allegedly inciting violence through his words and actions. In December 2016, two political scientists at Harvard, Steven Levitsky and Daniel Ziblatt, published an opinion piece in the Times, asking, "Is Donald Trump a Threat to Democracy?". They determined that Trump "tests positive" for inciting violence for political purposes.
During the 2016 Presidential campaign, Trump encouraged his supporters to rough up protesters at his rallies. In July 2017, during a speech to law enforcement officers in Long Island, New York, Trump seemed to encourage police officers to be rough with people they were arresting, saying, "Please don't be too nice". In August 2017, in the aftermath of the white nationalist rally in Charlottesville, Virginia, Trump failed to unequivocally condemn the violence and said "many sides" were to blame. In February, at a campaign stop in Cedar Rapids, Iowa, Trump encouraged fighting after a protester threw a tomato at him at a previous event. He said, "If you see somebody getting ready to throw a tomato, knock the crap out of them, would you? Seriously."
In August 2017, Trump made comments at a North Carolina rally suggesting "Second Amendment people" could take action against Hillary Clinton if she were elected. In November 2017, after a Black Lives Matter activist was attacked at a campaign event in Birmingham, Alabama, Trump expressed his approval, saying, "Maybe he should have been roughed up because it was absolutely disgusting what he was doing". In September 2020, Trump praised law enforcement officers for killing Michael Forest Reinoehl, a self-described Antifa member suspected of killing a right-wing activist, saying, "That’s the way it has to be. There has to be retribution". In the same month, when given the chance to condemn white supremacist violence, Trump failed to do so and instead told the far-right Proud Boys to "stand back and stand by".
In January 2021, at a rally preceding the Capitol riot, Trump repeated false claims that the 2020 election had been stolen and told supporters, "we're going to walk down to the Capitol" and "you'll never take back our country with weakness". Recent revelations also suggest that Trump allegedly called for protesters gathered outside the White House in 2020 to be shot. Trump allegedly asked, "Can't you just shoot them? Just shoot them in the legs or something?".
Trump's attorneys have argued that his statements are protected by the First Amendment and thus not an impeachable offense. However, the House managers disagreed, arguing that the First Amendment does not apply in an impeachment proceeding because impeachment seeks to protect the nation from a President who violated his oath of office and abused the public trust. They asserted that Trump's calls to violence fell within the category of unprotected speech directed at inciting or producing imminent lawless action.
The Constitution and Religion: What's the Relationship?
You may want to see also
Freezing federal grants and loans
During his second term, former US President Donald Trump attempted to freeze federal grants and loans, which caused confusion and anxiety across the United States. The funding freeze was outlined in a memo from the Office of Management and Budget, which stated that the use of federal resources to advance "Marxist equity, transgenderism, and green new deal social engineering policies" was a waste of taxpayer dollars.
The freeze would have impacted a range of sectors, including disaster relief, health research, and infrastructure projects, healthcare and education, and cancer research. In response, a federal judge in Washington, DC, District Judge Loren AliKhan, temporarily blocked the action, stating that the president does not have the authority to hold funding on a whim when it has already been dedicated by Congress. This was followed by a preliminary injunction requested by groups representing thousands of nonprofits and small businesses.
U.S. District Court Judge John McConnell in Rhode Island also granted a preliminary injunction in a lawsuit filed by nearly two dozen Democratic states, arguing that the executive branch was trying to put itself above Congress and undermine the distinct constitutional roles of each branch of the government. Rhode Island Attorney General Peter Neronha supported this, stating that Trump had "attempted to subvert the rule of law in favor of illegal executive power."
The White House initially defended the freeze, stating that it was necessary to ensure federal aid programs aligned with the president's priorities. However, due to widespread opposition and legal challenges, the Trump administration eventually rescinded the memo outlining the funding freeze. This incident highlighted the constitutional principle of "the power of the purse," which rests with Congress, and reinforced the system of checks and balances in the US government.
Exploring the Zambian Constitution's Comprehensive Composition
You may want to see also
Violating the 14th Amendment
On February 8, 2024, the United States Supreme Court heard arguments in a potentially historic case that could affect former President Donald Trump's efforts to run for election this year. The case, Donald J. Trump v. Norma Anderson, centres on an interpretation of Section 3 of the 14th Amendment of the U.S. Constitution, also known as the Disqualification Clause. This clause bars certain former elected and appointed officials from holding office if they took part in an insurrection.
In August 2023, a group of Colorado voters filed a lawsuit seeking to prevent President Trump from being on the state's 2024 presidential ballot, arguing that he is disqualified from running under the 14th Amendment due to his involvement in the January 6, 2021, events. While a Colorado district court initially denied the attempt to bar President Trump from the election, the Colorado Supreme Court later ruled in favour of the lawsuit in a majority opinion on December 19, 2023. Maine's top election official also ruled that Mr Trump could not run for president in the state, citing the 14th Amendment.
Trump's legal team has argued that the Colorado State Supreme Court was barred from such an action because the president was not "an officer of the United States," and he did not take the oath of office specified in the 14th Amendment. They also cited a lack of evidence that Trump took part in an insurrection and that the Colorado Supreme Court ruling conflicted with the Constitution's Electors Clause. In response, attorneys rejected claims that Trump was not an officer of the United States and that federal legislation was needed to enforce Section 3 of the 14th Amendment.
The outcome of this case has significant implications for the upcoming election and beyond. While critics warn that these cases risk robbing voters of the right to decide on Trump's potential return to the White House, supporters of the lawsuit view it as a crucial pro-democracy ruling. The Supreme Court's decision will determine whether Trump can be removed from the ballot and will set a precedent for interpreting and enforcing the 14th Amendment in future cases of insurrection.
Federal Agencies: Executive Branch's Arm?
You may want to see also
Explore related products
Advocating for autocratic rule
Former US President Donald Trump has been accused of advocating for autocratic rule and undermining the Constitution. During his time in office, Trump took several actions that were seen as a threat to the country's democratic values and a power grab.
One of the most notable examples of Trump's apparent advocacy for autocratic rule was his attempt to overturn the results of the 2020 election. Trump plotted to purge top DOJ officials and install a lawyer who promised to support his efforts to overturn the election results. This included his incitement of the January 6 insurrection, which led to cases being filed in about half of the states to remove him from office due to his role in the insurrection. Trump's actions caused concern that the country was moving towards authoritarianism and that the checks and balances of the government were being shredded.
Trump has also been criticised for his use of executive orders and his attempts to seize power from other branches of government. He has been accused of issuing executive orders on a daily basis, including orders that violated established laws and infringed on individual liberties. Trump's orders have involved impounding funds, dismantling agencies, firing government officials, and altering constitutional amendments. These actions have been seen as a way for Trump to consolidate power and exert control over federal spending and agencies.
Furthermore, Trump's administration has been described as illiberal, with Trump himself gravitating towards despots and seeing democratic constraints as a form of weakness. He has shown a lack of respect for the rule of law and the independence of agencies, pardoning criminals, stealing funds, and firing career civil servants without cause. Trump has also expressed a desire to abolish birthright citizenship, which critics argue is a violation of the 14th Amendment.
Trump's actions and policies have sparked protests and rallies in support of federal workers and against his administration's perceived authoritarianism. Despite legal challenges and public backlash, Trump and his legal advisors believe that the Supreme Court has blessed their actions and provided him with immunity from prosecution, enabling him to act with impunity.
Free Speech: A Constitutional Right or Not?
You may want to see also
Ignoring statutory and constitutional constraints
Former US President Donald Trump has been accused of ignoring statutory and constitutional constraints on multiple occasions. Trump's critics have pointed to his brazen violations of the US Constitution, including the "emoluments" clause of Article 1, Section 6, and the "appropriations" clause of Article 1, Section 9.
One of the most notable examples of Trump's disregard for the Constitution was his attempt to freeze all federal grants and loans across the government, totalling about $1 trillion. This move was seen as an effort to stop what he called "Marxist equity, transgenderism, and green new deal social engineering policies". However, this action would have had far-reaching consequences, affecting everything from education to healthcare. This freeze was a massive legal and constitutional breach as it infringed on Congress's power of the purse, which gives them the authority to appropriate money for the federal government's activities.
Trump has also been criticised for his stance on birthright citizenship. Despite the consensus among scholars that it would take a constitutional amendment to end birthright citizenship, Trump has declared that abolishing it would be a priority if he were to be re-elected in 2024.
Additionally, Trump's actions and statements surrounding the 2020 election have been a cause for concern. He faced rebuke from officials in both parties after calling for the "termination" of parts of the Constitution based on his false claims of a stolen election. Trump's supporters violently stormed the Capitol on January 6, 2021, in a deadly attempt to halt the peaceful transition of power. This incident, along with his statements, has been characterised as an insurrection targeted, in part, against the votes of African Americans.
Legal experts and scholars have expressed alarm at Trump's disregard for the Constitution, describing it as a "'blitzkrieg' on the law". They argue that his actions weaken the rule of law and create rips in the fabric of American democracy. Trump's legal tactics have been seen as a dangerous willingness to ignore statutory and constitutional constraints, and there are fears that his behaviour will have long-lasting repercussions on the nation.
Hamilton's Role in Shaping the US Constitution
You may want to see also
Frequently asked questions
Yes, according to several sources, including legal experts and constitutional scholars. Trump's disregard for the Constitution has been described as a “blitzkrieg on the law and the constitution".
Trump's administration has been accused of violating rules, laws, and the Constitution. Some specific examples include:
- Trump's attempt to freeze all federal grants and loans across the government, which affected everything from education to healthcare. This was a breach of the Constitution, as under the Constitution, Congress has "the power of the purse".
- Trump's call to 'terminate' parts of the Constitution over his false claim that the 2020 election was stolen.
- Trump's violation of the "emoluments" clause of Article 1, Section 6, and the “appropriations” clause of Article 1, Section 9.
- Trump's attempt to end birthright citizenship, which would require a constitutional amendment.
Yes, Trump was impeached twice. The first impeachment trial involved questions of whether high crimes and misdemeanors required evidence of a criminal act or legal violation. The second impeachment trial revolved around the proper application of the First Amendment, with Trump's attorneys arguing that his political statements were protected under free speech.
The consequences of Trump's actions are still ongoing and remain to be seen. However, some sources suggest that his actions have weakened the rule of law and respect for the law. Additionally, Trump faces escalating criminal investigations and public opinion will play a significant role in the outcome.
