Jonah Patel
Since his return to the White House, Donald Trump has issued a series of executive orders that legal experts have deemed unconstitutional. These include deploying troops to the US-Mexico border, attempting to end birthright citizenship, and removing migrants to conflict-ridden countries. Trump has also frozen federal spending, dismissed members of independent boards, and threatened to withhold funds from Ukraine, which was the basis for his first impeachment. Many experts believe that Trump's actions are indicative of a power grab and a constitutional crisis, with some drawing comparisons to the rapid collapse of democratic governments elsewhere. While Trump's attempts to end birthright citizenship have been blocked by federal judges and deemed unconstitutional, concerns remain about the potential for an autocratic shift in the US.
| Characteristics | Values |
|---|---|
| Using executive orders to abolish birthright citizenship | Violates the Citizenship Clause of the Constitution's 14th Amendment |
| Firing members of independent boards | Unprecedented and illegal |
| Spending freeze | Ignores Congress's constitutional power |
| Using the military domestically | Violates the Posse Comitatus Act |
| Impoundment of funds | Unconstitutional, would give the president control over federal expenditures |
| Threat to withhold funds to Ukraine | Illegal impoundment |
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What You'll Learn
Trump's attempt to end birthright citizenship
Trump's primary argument revolves around his interpretation of the phrase "subject to the jurisdiction of the United States" in the 14th Amendment. He asserts that children born to undocumented immigrants or temporary visitors are not automatically granted citizenship because they are not subject to US jurisdiction. This interpretation has been rejected by courts, with judges upholding the plain language of the Citizenship Clause and citing a landmark case from 1898 that affirmed citizenship based on birth location.
Trump's efforts to end birthright citizenship have faced strong opposition and legal challenges. Multiple lawsuits have been filed, arguing that Trump's order violates the Constitution. Federal judges and appeals courts have blocked the enforcement of Trump's order, agreeing that it is indeed unconstitutional and affirming the importance of birthright citizenship. These rulings have been significant in protecting the rights of those who would be affected by Trump's order.
Despite these setbacks, Trump has continued to push forward with his agenda. He has issued executive orders and taken aggressive actions on immigration, such as deploying troops to the US-Mexico border and restricting access to asylum processes. Trump's administration has also removed migrants to countries with unstable political situations, such as Venezuela and South Sudan.
The resistance to Trump's attempts to end birthright citizenship highlights the importance of upholding constitutional rights and the rule of law. It serves as a reminder that even the president is bound by the Constitution and cannot unilaterally redefine what it means to be an American citizen.
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Trump's use of executive orders
Executive orders are a powerful tool for any president, and Donald Trump has made extensive use of them. In 2025, Trump signed 176 executive orders, which is in line with modern presidents, who typically issue hundreds of such orders during their time in office.
Trump has also used executive orders to deploy troops to the US-Mexico border, end temporary humanitarian protections for migrants, and close access to the asylum process at the southern border. These orders have been criticised as chaotic and damaging to the democratic process, with federal workers refusing to comply and facing disciplinary action or resignation as a result.
Overall, Trump's extensive use of executive orders has been seen as an attempt to consolidate power and push through policies that threaten the constitutional order and the democratic process.
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Trump's disregard for the separation of powers
Trump has repeatedly issued executive orders that infringe upon the powers of Congress and the courts, demonstrating his willingness to violate the Constitution and federal law. For example, he has attempted to abolish birthright citizenship guaranteed in the Fourteenth Amendment, roll back civil rights legislation, and stop payments authorised by Congress. These actions have been described by legal experts as a ""blitzkrieg on the law".
Trump has also sought to weaken the independence of the judiciary by packing the Supreme Court with judges sympathetic to his agenda. He has filled his administration with loyalists, removing members of independent boards who were appointed by Democratic presidents and had years left in their terms. This includes the firing of Gwynne Wilcox, a member of the NLRB, and two members of the EEOC, Charlotte Burrows and Jocelyn Samuels, which Kate Andrias, a professor of constitutional law, called an "unprecedented and illegal" move.
Furthermore, Trump has suggested using the military within the US to enforce immigration laws and carry out his policies, which would contravene the Posse Comitatus Act and deeply embedded American traditions.
Overall, Trump's actions indicate a willingness to centralise power in the executive branch and undermine the system of checks and balances inherent in the separation of powers.
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Trump's threat to withhold funds
Trump's actions have been described by legal experts as a ""blitzkrieg on the law," indicating his disregard for the rule of law and respect for the Constitution. Laurence Tribe, a leading constitutional scholar, has stated that Trump is the "most lawless and scofflaw president" in US history. Tribe argues that Trump's repeated violations of the Constitution and federal law create rips in the fabric of the nation's legal system, undermining the rule of law.
The threat to withhold funds and Trump's broader agenda have faced legal challenges, with several groups suing to stop the freeze and arguing that he violated the Constitution and the Impoundment Control Act. The courts' response to these challenges will be critical in determining whether Trump's actions are curbed or allowed to continue, shaping the future of the nation's constitutional order.
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Trump's use of the military domestically
Trump has repeatedly expressed his intention to use the military to target what he refers to as "the enemy from within", which includes critics and political opponents such as Rep. Adam Schiff, as well as immigrants and protestors. In an interview with Fox News Channel, Trump stated:
> "We have some very bad people. We have some sick people, radical left lunatics. And I think they’re the big — and it should be very easily handled by, if necessary, by National Guard, or if really necessary, by the military, because they can’t let that happen."
Trump's plans include shifting the military's priorities and resources, even during times of international conflict, to implement hardline measures at the US-Mexico border. This includes moving thousands of troops to the border, declaring war on cartels, and deploying the Navy to blockade ships for fentanyl. He has also suggested using the National Guard and the military to deport millions of immigrants without permanent legal status.
Trump has also shown interest in invoking the Insurrection Act, an 1807 law that allows the president to deploy the military domestically and against US citizens, to suppress protests, including those of the Black Lives Matter movement. In 2024, he ordered hundreds of active-duty marines to support the administration's crackdown on immigrants' rights protestors in Los Angeles, raising serious constitutional concerns.
Trump's potential actions would likely require invoking wartime or emergency powers, such as carrying out mass deportations under the Alien Enemies Act or quelling unrest under the Insurrection Act.
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Frequently asked questions
Trump wants to abolish the constitution to consolidate his power and remove all checks on his authority. He has shown little understanding of the Constitution and has no interest in complying with it.
Trump has issued a series of executive orders that undermine the American constitutional system. He has also packed the Supreme Court with judges sympathetic to his agenda and attempted to end birthright citizenship, guaranteed by the Fourteenth Amendment.
The lower courts have resisted Trump's attempts to override statutes by executive order. However, the Supreme Court has restricted the power of lower court judges to issue nationwide injunctions and has sided with the Trump administration on some issues.
Trump's actions have been described as a constitutional crisis or even a coup. They threaten to undermine democratic institutions, individual liberties, and longstanding precedents.
