Jonah Patel
Former US President Donald Trump has been accused of violating the US Constitution through a series of executive orders and directives issued during his term in office. Trump's actions have been described by legal scholars and historians as an unprecedented assault on the Constitution and the rule of law, with far-reaching consequences for American democracy and society. From banning birthright citizenship to freezing federal spending and firing top officials, Trump's administration has sparked widespread legal challenges and condemnation. These actions have raised concerns about the separation of powers and federalism, with Trump accused of seizing Congress's core powers and expanding executive power beyond historical precedent. The full extent of Trump's constitutional violations is still being unravelled and challenged.
| Characteristics | Values |
|---|---|
| Violating court orders | Unfreezing federal funding |
| Issuing a large number of executive orders | Ending birthright citizenship |
| Misusing the military | Reprogramming federal funds |
| Politicizing independent agencies | Violating federal law |
| Strong-arming state and local governments | Interfering with Congress' core powers |
| Firing top officials at independent agencies | Ignoring congressional subpoenas |
| Firing agency watchdogs | Challenging state criminal processes |
| Firing federal workers | Ignoring rules, laws, and the Constitution |
| Empowering DOGE to dismantle USAID | Violating the First Amendment |
| Attempting to pause federal grants | Violating due process protections |
| Banning birthright citizenship | Violating federal immigration law |
| Dismantling independent entities | Violating federal environmental law |
| Freezing spending | Weakening democratic institutions |
| Weakening the economy | |
| Rolling back protections for public health | |
| Putting healthcare and social security at risk |
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What You'll Learn
Violating the separation of powers
The Constitution divides power between the states and the federal government, with federal power further divided between the executive, judicial, and legislative branches. However, Donald Trump's presidency has been marked by numerous instances of violating this separation of powers.
Trump has been accused of attempting to seize the powers of Congress and unilaterally transform the federal government. He has issued an unprecedented number of executive orders, including one that aimed to end birthright citizenship, guaranteed by the US Constitution. Legal experts have warned that Trump is expanding executive power beyond what has been witnessed in American history.
In the cases of Trump v. Mazars and Trump v. Vance, Trump challenged congressional subpoenas and a state grand jury subpoena for his financial records. He argued that the congressional committees lacked a legitimate legislative purpose in seeking his records, claiming that the subpoenas were designed to enforce the law against him in violation of the separation of powers. Trump's argument was deemed extreme, but it followed a pattern in his administration of frustrating congressional investigations by refusing to turn over requested documents or make officials available.
Trump has also violated the separation of powers by firing top officials at independent agencies, such as the National Labor Relations Board, without constitutional authority. He has politicized independent agencies, misused the military for domestic political purposes, illegally reprogrammed federal funds, and openly violated federal law in areas like immigration and environmental protection.
Trump's actions have been described as an assault on the structural Constitution, with his aggressive constitutional claims seeking to aggrandize the power of the presidency at the expense of the coordinate branches and states. His presidency has been a stress test for the structural Constitution, and his attempts to expand executive power have sparked concerns about a potential constitutional crisis.
The First Amendment: Ratification and Its Impact
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Unconstitutional executive orders
President Donald Trump has issued a number of executive orders that have been deemed unconstitutional.
One of the most notable examples is Trump's attempt to end birthright citizenship for children of non-citizens through an executive order. This order was ruled unconstitutional by federal judges, including U.S. District Judge Leo Sorokin, who issued a nationwide preliminary injunction blocking the order. Sorokin emphasized that the 14th Amendment of the U.S. Constitution broadly confers birthright citizenship, and Trump's order was a direct violation of it.
Trump has also issued executive orders targeting elite academic institutions, including Harvard, Columbia, and the University of Pennsylvania, accusing them of harboring antisemitism and promoting "anti-American" values. These orders directed the Department of Education to withhold federal funding from colleges deemed "hostile environments" under Title VI of the Civil Rights Act. However, these orders were met with legal challenges and widespread condemnation, with Congressman Steve Cohen calling them a "direct assault on academic freedom and free expression."
Additionally, Trump's administration has faced criticism for its assault on democratic institutions, the economy, public health, and the environment. Trump has misused the military for domestic political purposes, illegally reprogrammed federal funds, politicized independent agencies, and violated federal law in areas such as immigration and environmental protection.
Trump has also issued an executive order targeting prominent law firms, alleging unethical conduct and imposing severe sanctions. This order has been viewed as an assault on the independence of the legal profession and the rule of law, with legal firms initiating legal action and arguing that the administration's actions violate the First Amendment.
Furthermore, Trump's executive actions have impacted voting rights, with one order directing the U.S. Election Assistance Commission (EAC) to add a proof-of-citizenship requirement to the federal voter registration form. This order was also blocked by a judge, who suggested that it exceeded the scope of the president's constitutional powers and could disenfranchise voters.
These examples illustrate how Trump's executive orders have been deemed unconstitutional and sparked legal challenges and concerns about the protection of constitutional rights.
The Emancipation Citizenship Amendment: Freedom and Rights
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Misuse of the military
One of the ways in which former US President Donald Trump violated the constitution was through his misuse of the military.
Trump used the military for his own domestic political purposes. He invoked emergency declarations to justify funding for his border wall and to restrict cross-border traffic flows. He also used these declarations to authorise the deployment of the military to enforce immigration policies, such as arresting and deporting migrants.
Trump's administration attempted to unilaterally change the Constitution by depriving babies of their constitutionally guaranteed citizenship. He also issued an executive order to end birthright citizenship for children of non-citizens, which was a direct violation of the 14th Amendment. This order was blocked by a federal judge who ruled that it was likely unconstitutional.
Trump's final immigration-related executive order closed the border to people seeking asylum, using the justification that their act of seeking safety constituted an "invasion." This order invoked the same provision of federal law used to justify the Muslim and African bans, along with the president's constitutional authority over federal affairs.
These actions sparked widespread condemnation and legal challenges, with civil rights groups and members of Congress arguing that they violated the First Amendment, due process protections, and federal immigration law.
Dreamers' Rights: The Fourteenth Amendment's Protection
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Illegally reprogramming federal funds
The Constitution of the United States divides power between the states and the federal government, and federal power is further divided between the executive, judicial, and legislative branches. The actions of President Trump and his administration have been seen as challenging this separation of powers and federalism.
One of the ways in which Trump has done this is by illegally reprogramming federal funds to achieve his own policy objectives. While federal agencies do have the authority to shift funds within an appropriation or fund account for purposes other than those that were intended at the time of appropriation, they may not transfer funds between accounts without statutory authority to do so. Trump has been accused of freezing spending on things he does not support politically, such as foreign aid, and threatening to withhold federal funds from state and local governments to strong-arm them into falling in line with his priorities.
For example, Trump's administration empowered DOGE to dismantle the U.S. Agency for International Development (USAID), a Congress-established institution responsible for foreign aid, including HIV/AIDS prevention programs. Trump also froze the agency's foreign aid payments and fired most of its employees. This rendered the agency unable to perform its mission.
Trump's administration has also violated court orders to unfreeze federal funding. These actions have sparked legal challenges and widespread condemnation from the legal community, with some arguing that they violate the First Amendment and constitute an abuse of power.
In conclusion, President Trump's illegal reprogramming of federal funds is just one example of how he has challenged the Constitution's separation of powers and federalism. His actions have had significant consequences, including undermining democratic institutions, slowing down the economy, and rolling back protections in areas such as public health and the environment.
Miranda Warnings: The Fifth Amendment Right
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Politicising independent agencies
President Trump has been accused of politicising independent agencies for his own ends. One example of this is his firing of 18 inspectors general, who serve as independent officials who audit and investigate agencies for waste, fraud and abuse. Many legal experts and Democratic lawmakers condemned this action.
Trump has also been accused of unlawfully extending presidential control over independent agencies, particularly the Federal Election Commission (FEC). The Democratic National Committee (DNC), along with the Democratic Congressional Campaign Committee (DCCC) and the Democratic Senatorial Campaign Committee (DSCC), filed a lawsuit in the U.S. District Court for the District of Columbia challenging President Trump's Executive Order 14215, titled "Ensuring Accountability for All Agencies". The plaintiffs argue that the order undermines the mandated independence of these agencies.
Trump has also been accused of illegally reprogramming federal funds to achieve his own policy objectives. For example, the Office of Management and Budget (OMB) issued a memo freezing funding for a broad range of federal programs. Two federal courts issued temporary restraining orders prohibiting the Administration from freezing funding, but many agencies reported that the freeze continued or that new freezes were being implemented. This action has been seen as a clear usurpation of Congress's exclusive power of the purse, and a violation of the 1974 Impoundment Control Act.
Trump has also been accused of violating the so-called "emoluments" clause of the Constitution, which states that no federal officeholder may, without express approval by Congress, accept "any present, Emolument,...of any kind whatever, from any King, Prince, or foreign State." This clause is designed to ensure that federal officials are not compromised by foreign influence. Trump has extensive business dealings in Russia, and has refused to sell his assets and place the proceeds in a blind trust, instead transferring management to his sons, Eric and Donald Jr.
Amendments: Power to the People to Change the Constitution
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Frequently asked questions
Yes, Trump violated the 14th Amendment by issuing an executive order to end birthright citizenship.
Yes, Trump's administration's actions were seen to violate the First Amendment, leading to multiple lawsuits.
Yes, Trump violated the Impoundment Control Act by freezing trillions of dollars in federal spending.
Yes, Trump fired federal workers for refusing to honor his executive orders, violating their constitutional rights.
