Simone Lawson
In October 2019, then-US President Donald Trump referred to the Constitution's emoluments clause as phony while defending his decision to host the 2020 Group of Seven Summit at his Trump National Doral Miami resort. Trump's comment was criticised by Democrats and Republicans, who believed it violated the emoluments clause. In December 2022, Trump suggested that the termination of all rules... even those found in the Constitution was justified due to his false claim of a fraudulent 2020 election. This statement was also widely criticised, including by top Republicans, and Trump later attempted to walk it back. Trump's comments have led to concerns about his commitment to Constitutional law and his understanding of the Constitution.
| Characteristics | Values |
|---|---|
| Date | October 21, 2019 |
| Person | Donald Trump |
| Position | President |
| Clause referred to | Emoluments Clause |
| Reason for comment | Defending the choice of Trump National Doral Miami for the 2020 Group of Seven Summit |
| Comparison made | George Washington and other presidents "ran their businesses" while in office |
| Estimated loss due to presidency | $2 to $5 billion |
| Response | Criticism from Democrats and Republicans, pushback from top-ranking Republicans like Texas Senator Ted Cruz, denunciation by the White House |
| Subsequent comments | Trump attempted to walk back the comment, calling the characterization "disinformation and lies" |
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What You'll Learn
Trump's comments on the termination of the Constitution
In October 2024, Kamala Harris alleged that among former President Donald Trump's plans for government if re-elected was the termination of the Constitution. This claim was based on comments made by Trump in December 2022, in which he suggested that the "termination of all rules, regulations, and articles, even those found in the Constitution" was merited in correcting his unfounded grievance that he lost the 2020 election due to a "'massive fraud'.
Trump's exact words were: "A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution. Our great 'Founder' did not want, and would not condone, False & Fraudulent Elections!".
Trump later attempted to walk back his comments, claiming that the media had misinterpreted his words and that he never said he wanted to 'terminate' the Constitution. He clarified that he believed steps must be taken to address "MASSIVE & WIDESPREAD FRAUD & DECEPTION" in the 2020 election. However, his comments were widely criticized, including by top-ranking Republicans such as Texas Senator Ted Cruz, and denounced by the White House.
Trump has a history of controversial comments regarding the Constitution. In 2019, he referred to the Constitution's emoluments clause as "phony", suggesting that it did not apply to him because he was "rich". He also stated that being bound by the emoluments clause had cost him billions of dollars during his presidency. Trump's refusal to commit to upholding the Constitution during an interview in 2025 raised further concerns about his commitment to the rule of law. When asked directly if he needed to uphold the Constitution as president, Trump responded, "I don't know". He deflected the question by stating that he had "'brilliant' lawyers" who would follow the Supreme Court's guidance.
Trump's comments on the Constitution have been characterized by some as bluster and a deviation from traditional presidential behaviour. While it is unclear if his threats amount to a real plan, they have sparked concern and criticism from various quarters, including within his own party.
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The Emoluments Clause
The purpose of the clause is to prevent the country's leaders from being improperly influenced by gift-giving, which was a common and corrupt practice among European rulers and diplomats at the time. The clause is based on a rule adopted by the Dutch Republic in 1651, which forbade its foreign ministers from receiving any gifts or presents from foreign states.
The Foreign Emoluments Clause has rarely been substantively analysed or interpreted by courts throughout its history. During the 19th and 20th centuries, presidents who were offered gifts by foreign states would typically request permission from Congress to accept them, and foreign rulers were informed of the constitutional restriction.
There is also a Domestic Emoluments Clause (Article II, Section 1, Paragraph 7) in the Constitution, which prohibits the president from receiving any emolument from the federal government or the states beyond compensation for their services as chief executive.
During Donald Trump's presidency, he was sued by private parties, state attorneys general, and Members of Congress based on alleged violations of both the Foreign and Domestic Emoluments Clauses. In one instance, Trump decided not to host a global summit at his Florida property after facing pushback from Democrats and Republicans who believed the decision violated the Emoluments Clause.
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Trump's dismissal of the Constitution as 'phony'
In October 2019, MSNBC claimed that President Donald Trump had referred to the Constitution as "phony" and that it “doesn't matter". This claim was made in response to Trump's criticism of the emoluments clause, which he called "phony", and his assertion that being president had cost him $2 billion to $5 billion. Trump's comments were met with backlash, including from Republican lawmakers and top-ranking Republicans such as Texas Senator Ted Cruz. Two federal courts also upheld lawsuits brought against Trump, stating that his interpretation of the emoluments clause was incorrect and that his actions were unconstitutional.
In December 2022, Trump made comments suggesting that the "termination of all rules...even those found in the Constitution" was justified due to his false claim that he lost the 2020 election due to widespread fraud. These comments were widely criticized and denounced, including by the White House. Trump later attempted to walk back his comments, claiming that the media had misrepresented his statements. However, this was not the first time Trump had expressed controversial views on the Constitution.
During his presidency, Trump was asked on multiple occasions if he, as president, needed to abide by the Constitution and protect the rights it provided to people in the US. Trump's response was consistently "I don't know", stating that he had “brilliant lawyers" who would follow what the Supreme Court said. These comments sparked concerns about Trump's commitment to upholding the Constitution and the rule of law.
Trump has also faced criticism for his administration's actions, which some have argued undermined fundamental principles of citizenship and created a “zone of lawlessness". His policies on immigration and deportation have been particularly controversial, with some accusing him of shredding due process and taking the country down an authoritarian path. While Trump has denied these accusations, his comments and actions have fueled debates about his interpretation of and respect for the Constitution.
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Trump's comments on his wealth and the presidency
In December 2022, while pushing the false claim that he lost the 2020 election due to fraud, former US President Donald Trump suggested that the "termination of all rules, regulations, and articles, even those found in the Constitution" was merited. Trump's comments were widely criticized, including by top-ranking Republicans such as Texas Senator Ted Cruz. The White House denounced the comments, and Trump later attempted to walk them back, calling the media characterization "disinformation and lies". Trump claimed that the media was trying to convince people that he wanted to terminate the Constitution, when he was merely suggesting that "steps must be immediately taken to right [...] Massive & Widespread Fraud & Deception".
Trump's net worth is not publicly known, but Forbes estimates it to be $5.1 billion as of early June 2025, while Bloomberg estimated $7.08 billion in January 2025. Trump has often given much higher values for his wealth than organizations estimating it, testifying that his net worth fluctuates with markets, attitudes, and feelings. On the same day, Trump's own stated estimates of his net worth have varied by as much as $3.3 billion. Trump has also acknowledged that past exaggerated estimates of his wealth have been "good for financing".
Trump's wealth is now built on monetizing his family name and the office of the presidency. This includes deals with real estate developers, cryptocurrency, and social media enterprises. Trump-branded trinkets like watches and gold-toned mobile phones are also sold to the president's supporters. Many of these deals open multiple channels for anyone to funnel cash to a sitting president, often in untraceable ways under current disclosure requirements.
Trump has had a string of business reversals, including Trump University, the Trump Shuttle, the New Jersey Generals, and the Plaza Hotel. He has often employed threats and brinkmanship to escape bad business deals, and he is now using this tactic against politicians who stand in his way. Trump's tariff war is another example of a big, bold start that has fallen short. He has also struggled to follow through on his promise that Iran won't get a nuclear weapon, with the previous three presidents cautioning that bombing will only delay the Iranian program. Trump's vast program of deportation has also ensnared people with no criminal records, shredded due process, and begun constructing a prison camp in the Everglades.
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Trump's response to upholding the Constitution
In May 2025, Donald Trump stated in a TV interview that he did not know whether he needed to uphold the US Constitution when it came to giving immigrants the right of due process. He argued that fulfilling his campaign promise to rapidly carry out mass deportations may take precedence over giving immigrants the right to due process under the Constitution. Trump's administration has pressed the courts to allow the immediate removal of immigrants accused of being members of a Venezuelan gang without giving them a chance to plead their case. This stance has been criticized as defying instructions from lower court judges and the Supreme Court.
In December 2022, Trump suggested that the "termination of all rules...even those found in the Constitution" was merited in correcting his unfounded grievance about losing the 2020 election. He later attempted to walk back these comments, denying that he wanted to 'terminate' the Constitution and claiming that the media was spreading "DISINFORMATION AND LIES.".
Trump has also expressed uncertainty about his duties to uphold due process rights laid out in the Constitution, stating that he does not know if US citizens and noncitizens alike deserve that guarantee. He has further indicated that he plans to leave office at the end of his second term, acknowledging the constitutional constraints preventing him from seeking a third term.
Trump's comments and actions regarding the Constitution and due process have raised concerns among critics, who allege that he is undermining fundamental principles of citizenship and the rule of law. His deportation agenda has faced pushback, with more than half of Americans saying that ICE has "gone too far."
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Frequently asked questions
Trump made the comment while defending his decision to host the 2020 Group of Seven Summit at the Trump National Doral Miami resort, a move that critics argued was in violation of the emoluments clause.
The emoluments clause prohibits a president from illegally profiting from his business while in office.
Trump's comment was widely criticized, including by top-ranking Republicans such as Texas Senator Ted Cruz. The White House denounced the comment and asked then-Speaker of the House Kevin McCarthy to intervene.
