Jonah Patel
President Trump has been accused of violating the US Constitution in a number of ways. Legal experts have compared his actions to a blitzkrieg on the law, with concerns raised over his administration's closure of the US Agency for International Development, the firing of government inspectors general, and a freeze on federal spending. Trump has also been accused of undermining the rule of law and the Constitution by firing public servants, dissolving federal agencies, and taking taxpayer money from communities. In addition, there are concerns over his extensive business dealings in Russia and his attempt to overturn the 2020 election results. These actions have led to accusations of violating the Constitution and undermining American democracy.
| Characteristics | Values |
|---|---|
| Violating the emoluments clause | Foreign influence and conflict of interest |
| Violating the National Labor Relations Act | Unlawful firing of board members |
| Violating the 1974 Impoundment Control Act | Unlawful freeze on federal spending |
| Violating the rule of law | Pardoning violent criminals and insurrectionists |
| Violating the right to privacy | Accessing confidential data |
| Violating the right to a fair trial | Interfering with the Federal Bureau of Investigation |
| Violating the right to freedom of movement | Imprisoning people without due process |
| Violating the right to public participation | Enabling anti-transgender legislation |
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What You'll Learn
Violating the emoluments clause
The Emoluments Clause, which is part of the US Constitution, is an anti-corruption measure designed to prevent presidential corruption. It consists of two provisions: the Foreign Emoluments Clause and the Domestic Emoluments Clause. The former prohibits federal officials, including the president, from accepting money or gifts from foreign governments without Congressional consent. The latter sets the president's salary and bars the federal government and the states from giving the president a raise or bonus.
Donald Trump allegedly violated both clauses by retaining ownership and control of his business empire during his presidency. This put him in a position to receive profits, gains, or advantages from foreign and domestic governments, which is prohibited by the Emoluments Clause. For example, the governor of Maine stayed at the Trump International Hotel in DC on the taxpayers' dime, and Saudi lobbyists, funded by their government, also paid for rooms at the same hotel, spending almost $300,000 in three months.
In addition, Trump admitted to accepting $7.8 million from foreign governments without Congressional consent, which is a violation of the Foreign Emoluments Clause. This amount is likely only a fraction of the total payments he received from foreign powers, as it is based on incomplete records from just two years of his presidency and only four of his more than 500 businesses.
Three separate groups filed suit against Trump during his first year in office for violating the Emoluments Clauses. However, the Supreme Court dismissed these cases in January 2021, after Trump left office, without providing a ruling on the meaning of the Emoluments Clauses.
Trump's alleged violations of the Emoluments Clause have been cited as examples of his administration's broader pattern of corruption and ethical breaches, which have undermined public trust in the government and normalized unacceptable levels of corrupt behaviour.
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Pardoning violent criminals
While the US Constitution grants the president the power of clemency, which includes the ability to pardon convicts, critics have argued that former President Donald Trump abused this power by pardoning violent criminals.
Trump pardoned or commuted the sentences of 237 individuals during his first term, all of whom were charged or convicted of federal criminal offenses. While this is fewer than many modern presidents, most of Trump's pardons and commutations were granted to people with personal or political connections to him. Legal experts and politicians raised concerns that Trump was "relying on his personal connections rather than the Justice Department's established review process for finding convicts deserving of clemency."
In one notable example, Trump pardoned four Blackwater guards convicted of killing Iraqi civilians in the 2007 Nisour Square massacre. He also pardoned five people convicted as a result of investigations into Russian interference in the 2016 presidential election, including Michael Flynn, Roger Stone, and Paul Manafort. On his last full day in office, Trump granted 143 pardons and commutations, including to his former chief strategist Steve Bannon and Trump fundraiser Elliott Broidy.
Trump's pardons of individuals involved in the January 6 Capitol riot have been particularly controversial. He pardoned members of the far-right Proud Boys and Oath Keepers militia groups, some of whom had been convicted of serious crimes, such as assaulting police officers and causing serious injury. These pardons have been criticized as undermining the rule of law and sending a message that violent crimes will go unpunished.
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Illegally seizing funds
Democrats have accused former President Donald Trump of illegally seizing funds on multiple occasions during his presidency. One notable example is when Trump attempted to withhold funding that had been appropriated and signed into law by Congress. This act was considered a violation of the Constitution, as it infringed upon Congress's power of the purse. According to the Constitution, only Congress has the authority to appropriate funds for the federal government, and the president does not have the inherent power to impound or withhold spending unilaterally.
Trump's administration defended its actions by arguing for an inherent Presidential power to impound, which has been disavowed by the Government Accountability Office, the Department of Justice Office of Legal Counsel, and the Supreme Court of the United States. Despite this, Trump's nominee to lead the Office of Management and Budget, Russ Vought, refused to commit to following the law and ensuring that funding appropriated by Congress reached its intended recipients.
In addition to the controversy over impoundment, Trump was also accused of illegally seizing funds through his misuse of charitable funds at the Trump Foundation. In 2019, Trump was forced to pay $2 million in court-ordered damages to eight different charities for misusing charitable funds for his political gain. This case further highlighted Trump's abuse of power and the importance of accountability, even for the president of the United States.
Trump's actions related to impoundment and his misuse of charitable funds have been cited as evidence of his administration's disregard for the rule of law and the Constitution. Democrats and other critics have argued that these actions undermine the sacredness of the Constitution and the trust of the American people. They have called for Trump to respect the law and uphold the values enshrined in the Constitution, rather than violating them through illegal seizures of funds and other reckless actions.
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Firing public servants
Democrats have accused former President Trump of violating the Constitution through his firing of public servants. This includes the removal of experienced career officials from the FBI and the Department of Justice, as well as the firing of 17 Inspectors General, who act as independent watchdogs investigating government misconduct.
Trump's first day in office set the tone for his administration's approach to public servants. He signed an executive order creating a new category of employees, Schedule P/C, which included many career civil servants. This reclassification stripped these employees of civil service protections, making it easier for the president to fire them without due process. Federal employee unions have challenged this move in court, arguing that it violates laws protecting civil servants from being hired or fired for political reasons.
Trump's administration defended the reclassification as a necessary step to prevent federal workers from resisting or undermining his policies. However, critics argue that these actions undermine the rule of law and the Constitution. They claim that Trump's actions, including the firing of public servants, have violated the law and made Americans feel less safe.
The firing of public servants is not an isolated incident but part of a broader pattern of behaviour by the Trump administration. This includes dissolving federal agencies, taking taxpayer money from communities, and impounding congressionally-appropriated funds, all of which have been characterised as violations of federal law and the Constitution.
Trump's actions have sparked concerns about the rule of law and the protection of civil servants' rights. His administration's approach to public servants has been characterised as reckless and lawless, contributing to a broader sense of constitutional crisis and undermining trust in the government.
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Ignoring Congress's power
The Constitution grants Congress the power of the purse, meaning that Congress appropriates the money for the activities of the federal government. However, Trump allegedly froze all federal grants and loans across the government, amounting to about $1 trillion. This was purportedly done to stop "Marxist equity, transgenderism, and green new deal social engineering policies". This action was a massive legal and constitutional breach as presidents cannot decide to put an indefinite blanket freeze on spending or refuse to spend money without involving Congress.
Trump has also been accused of ignoring court orders, planning the forced removal of Palestinians from the Gaza Strip, seeking retribution against perceived adversaries, and dismantling independent government oversight. He has also allegedly abused his pardon and emergency powers, blocked efforts to secure U.S. elections, and engaged in unlawful, corrupt practices during the 2024 presidential campaign.
Trump was impeached twice during his single term in office, with the House of Representatives approving two articles of impeachment against him. The first charged him with abuse of power, alleging that he had used the powers of his office to solicit Ukraine's interference in the 2020 election. The second impeachment trial, which Trump was also acquitted of, was regarding his role in the January 6 insurrection.
Trump's actions have been described as undermining the Constitution and violating the law. His administration has been accused of illegally stealing funds from programs that help American families and businesses, firing career civil servants without cause, and dissolving federal agencies.
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Frequently asked questions
Democrats claim that Trump violated the Constitution by issuing an executive order to end birthright citizenship, which a federal judge blocked, calling it "blatantly unconstitutional". They also claim that Trump's firing of fraud-finding inspectors general across the government without providing notice or a rationale to Congress was unconstitutional. Trump has also been accused of violating the emoluments clause of the Constitution, with a lawsuit filed against him by Citizens for Responsibility and Ethics, a nonprofit watchdog group.
Trump's attempt to freeze all federal grants and loans across the government, amounting to about $1 trillion, was seen as a massive legal and constitutional breach. This move was intended to stop what Trump called "Marxist equity, transgenderism, and green new deal social engineering policies". However, legal experts argued that it violated Congress's "power of the purse" under the Constitution.
Legal experts and scholars have expressed concern that Trump's actions have weakened the rule of law and respect for the law. They argue that his repeated violations of the Constitution and acts of Congress create "rips in the fabric" of the nation's legal and constitutional framework. Trump's disregard for the Constitution has been characterised as a blitzkrieg on the law.
