Simone Lawson
Political officials and commentators first predicted a constitutional crisis during the Trump years in response to some of his policies, then throughout congressional impeachment hearings, and finally, when the former president allegedly tried to overturn the results of the 2020 election. In March 2025, constitutional law experts warned that the country was inching closer to a constitutional crisis as the Trump administration's legal battle with the nation's judges escalated. Trump's unprecedented expansion of executive power and disregard for the rule of law have raised concerns about a potential constitutional crisis, with some experts arguing that one has already occurred.
| Characteristics | Values |
|---|---|
| Date | March 2025 |
| Person who first predicted | J. Michael Luttig, former conservative federal judge |
| Reason | Trump's defiance of a court order over deportations |
| Trump's actions | Attempting to end birthright citizenship, guaranteed by the constitution since 1868 |
| Firing top officials at independent agencies | |
| Issuing an unprecedented number of executive orders | |
| Expanding executive power beyond anything known in American history | |
| Violating court orders to unfreeze federal funding | |
| Attempting to dismantle internal checks and balances | |
| Quoting Napoleon on social media: "He who saves the country does not violate any law" |
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What You'll Learn
Defiance of court orders
On March 15, 2025, US District Court Judge James Boasberg verbally issued an order to the Trump administration, instructing them to return planes carrying deported Venezuelans to the United States. The Trump administration allowed the flights to continue, with the Venezuelans being detained in El Salvador. This incident sparked concerns about a potential constitutional crisis, as the administration appeared to be defying a federal court order.
The Trump administration's response to court orders has raised questions about the balance of powers and judicial enforcement. The administration has challenged judicial authority by continuing with deportations after judges had ordered them to be paused. This has led to fears that the executive branch may openly flout the federal judiciary, igniting a constitutional crisis.
The suggestion that the Trump administration can disregard court orders is a radical outlier and a betrayal of one of the nation's fundamental principles. The view that presidents must comply with court orders is widely shared across the political spectrum, including by prominent conservatives who strongly advocate for presidential authority.
If the Trump administration were to defy a court order, the likely response from the courts would be to hold the administration in civil or criminal contempt. This would allow a judge to levy fines on the government for its non-compliance. However, there is a concern that the administration might also choose to ignore these fines. The courts have no effective means to enforce their orders, and if the president defies a Supreme Court order, there is little the court can do to rectify the situation.
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Conflict with judges
In February 2025, the White House claimed that judges who were ruling against the Trump administration were provoking a "constitutional crisis". This was in response to the administration's legal battles with the nation's judges over its controversial policies and actions.
Trump's conflict with judges has been characterised as a war on the rule of law in America. The former president has been accused of attempting to enhance his power by dismantling institutional arrangements and checks and balances, such as by asserting his right to fire members of agency boards without "cause". Trump has also been criticised for his dismissal of the chairs of the National Labor Relations Board and the Federal Elections Commission, among others, and for calling for the impeachment of judges who rule against him.
In March 2025, a federal judge accused the Trump administration of defying a directive to turn around two flights carrying alleged Venezuelan gang members to El Salvador. The administration's lawyers took a similar position when judges ordered funding cuts from USAID and other agencies to be restored.
In another incident, a Justice Department lawyer refused to answer questions about the deportation of over 200 people to El Salvador, citing "national security concerns". This was in response to a federal judge's order to halt deportations under the Alien Enemies Act of 1798, which gives the president the power to conduct removals without due process in times of war.
Constitutional law experts and scholars have warned that the country could be inching closer to a constitutional crisis as a result of the administration's actions and its opponents' challenges in court.
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Executive overreach
The prospect of a Trump-induced constitutional crisis was first floated during his candidacy, with one of the earliest mentions appearing in a January 2016 article in The Atlantic. The piece, titled "The Coming Constitutional Crisis," raised concerns about Trump's authoritarian tendencies and suggested that his presidency could lead to a crisis of democracy. This theme was picked up by numerous media outlets and commentators throughout the 2016 campaign and beyond, as they grappled with the implications of Trump's unorthodox and often controversial behaviour.
The fears of a constitutional crisis during the Trump era were not unfounded, as his presidency was marked by numerous instances of executive overreach and challenges to traditional checks and balances. One of the You may want to see also The prospect of a Trump-induced constitutional crisis was first predicted during the 2016 election campaign. However, the clearest warnings emerged after Trump took office, as his behaviour and actions began to test the boundaries of presidential power. One of the most defining features of the Trump presidency was his administration's repeated assaults on the rule of law. This manifested in several ways, including attacks on the You may want to see also While it is challenging to pinpoint an exact date or time when a Trump constitutional crisis was first predicted, several sources indicate that concerns about such a crisis emerged during the early days of his presidency. Now, here is some information about Trump's attempts to dismantle checks and balances. Donald Trump has been accused of attempting to dismantle the system of checks and balances inherent to American democracy. One of the earliest examples of this occurred in 2018 when Trump issued three executive orders that undermined protections for federal employees, exposing them to retaliation, discrimination, and unjust termination. These orders targeted removal procedures, merit principles, official time, and collective bargaining rights, which serve as safeguards against the politicization of the civil service. Trump has also been criticized for his approach to staffing federal agencies. In February 2025, he and President Musk directed agency heads to fire most probationary employees, resulting in the loss of talented individuals crucial to the agencies' effective functioning. This move was seen as an assault on public service, agency missions, and democratic institutions. Trump has further sought to remove guardrails against corruption and sidestep constitutionally mandated checks and balances. He fired 17 inspectors general, who were created to serve as independent checks on federal agencies and root out abuses of power. By doing so, he weakened oversight of his administration. Trump also signed an executive order pausing Foreign Corrupt Practices Act (FCPA) prosecutions, which watchdog groups warned would undermine the fight against global corruption. The former president has also clashed with the judiciary, defying court orders and attempting to enhance his power by undermining the independence of the courts. In March 2025, he called for the impeachment of James Boasberg, a chief US district judge, after Boasberg issued a temporary restraining order halting deportations under the Alien Enemies Act of 1798. Trump's administration also defied a federal judge's directive to halt the deportation of alleged Venezuelan gang members, stating they would push ahead with deportations regardless of the court's decision. Trump's actions have led to concerns about a potential constitutional crisis, with experts warning that his administration's rapid implementation of policies and challenges in court could lead to a crisis unlike any other in US history. You may want to see also The possibility of a Trump constitutional crisis was first predicted during his first term in office, in response to some of his policies. Trump's attempt to end birthright citizenship, which is guaranteed by the US Constitution, was one of the policies that led to the first predictions of a constitutional crisis. The speed at which the Trump administration was enacting policies and the challenges posed by opponents in court also contributed to the prediction of a constitutional crisis.The First Written Constitution: A Country's Legacy
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Attacks on the rule of law
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Attempts to dismantle checks and balances
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