Simone Lawson
Former US President Donald Trump has been accused of violating the Constitution and federal law in a variety of ways, from his refusal to place his assets in a blind trust to his controversial executive orders. Trump has been criticised for mixing personal business with official diplomacy, particularly regarding his extensive business dealings in Russia. He has also been accused of undermining the rule of law and attacking those who serve in the Department of Justice. Trump's administration has issued guidance instructing federal workers to follow his executive orders over other sources of law, resulting in the firing or resignation of many federal workers. Trump's rapid-fire and controversial moves, such as banning birthright citizenship and firing inspectors general, have been seen by some historians and legal scholars as a greater willingness to violate the Constitution than his predecessors.
| Characteristics | Values |
|---|---|
| Mixing personal business and official diplomacy | Meetings and conversations with foreign officials |
| Extensive business dealings in Russia | Celebration of Trump's election by Russian government officials |
| Refusal to sell assets and place proceeds in a blind trust | Widespread private holdings in commercial real estate, condominiums, hotels, and golf courses |
| Violating rules against accepting "emoluments" | Refusal to release tax returns |
| Banning birthright citizenship | Freezing federal spending |
| Firing inspectors general and members of government bodies | National Labor Relations Board (NLRB) |
| Violating the Impoundment Control Act | Equal Employment Opportunity Commission (EEOC) |
| Undermining the rule of law | Violating constitutional power of Congress |
| Pardoning violent criminals | Purging the Federal Bureau of Investigation (FBI) |
| Dissolving federal agencies | Closure of the U.S. Agency for International Development |
| Stealing funds from programs for American families and businesses | Taking taxpayer money from communities |
| Violating free speech protections | Abusing public trust |
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What You'll Learn
Conflict of interest
One of the most significant ways in which former US President Donald Trump has been accused of violating the Constitution is by presenting numerous conflicts of interest. Trump's extensive business dealings, particularly in Russia, have raised concerns about potential entanglements with foreign governments. Unlike his predecessors, Trump refused to sell his assets and place the proceeds in a blind trust, instead choosing to transfer management of the Trump Organization to his sons while retaining full ownership. This has led to accusations of violating constitutional constraints aimed at preventing corruption and foreign influence.
Trump has also been criticised for mixing personal business with official diplomacy during interactions with foreign officials. His refusal to release his tax returns has further fuelled suspicions of potential conflicts of interest. Trump's actions stand in stark contrast to those of his predecessor, Barack Obama, who was meticulous about ethics and took steps to avoid any potential conflicts of interest.
Trump's extensive business holdings, including commercial real estate, condominiums, hotels, and golf courses worldwide, present numerous opportunities for conflicts of interest. Despite widespread concerns, Trump has asserted that conflict-of-interest rules do not apply to the president. This stance has been criticised by constitutional law and ethics experts, who warn of the potential for foreign influence and corruption.
The complexity and global reach of Trump's business interests have made it challenging to ensure transparency and accountability. The lack of financial disclosure and the refusal to divest from his business empire have created an unprecedented situation where the president's personal financial interests could potentially influence policy decisions and international relations. This situation is further exacerbated by Trump's refusal to follow established norms and precedents for addressing conflicts of interest, such as utilising blind trusts or independent trustees.
Trump's approach to managing his business interests while in office has raised serious concerns about the potential for conflicts of interest, undermining public trust in the presidency and the integrity of US democracy.
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Constitutional constraint violations
There are several instances where Donald Trump has been accused of violating the US Constitution. One of the most prominent accusations is related to his refusal to divest himself of his business holdings and place his assets in a blind trust, as is customary for US presidents. Instead, Trump transferred management of the Trump Organization to his sons while retaining full ownership, creating potential conflicts of interest between his personal business dealings and his official duties as president. Trump's extensive business ties with foreign countries, particularly Russia, have also raised concerns about his receiving benefits from foreign governments, which would violate the Constitution.
Another area of concern is Trump's use of executive orders to bypass constitutional constraints. Trump issued a series of executive orders in the early days of his presidency, including one that sought to end birthright citizenship guaranteed by the Fourteenth Amendment. This executive order was blocked by a federal judge who deemed it "blatantly unconstitutional". Trump has also been accused of violating the Constitution by freezing federal grants and loans across the government, impacting everything from education to healthcare. This action was seen as an attempt to ignore Congress's constitutional power of the purse, as only Congress has the authority to appropriate funds for federal government activities.
Trump has also been criticized for his disregard for the rule of law and the independence of government institutions. He has fired inspectors general and members of federal agencies without following proper procedures or providing a rationale, undermining the checks and balances inherent in the constitutional system. Additionally, Trump's administration has been accused of illegally accessing confidential data, shutting down websites, and interfering with the operations of independent agencies, such as USAID. These actions have been interpreted as an assault on the rule of law and a violation of the separation of powers established by the Constitution.
Furthermore, Trump's actions during his impeachment trial have also been scrutinized from a constitutional perspective. There were disagreements between the House managers and Trump's attorneys regarding the interpretation of "high crimes and misdemeanors" as grounds for impeachment, with the House asserting that they need not be indictable criminal offenses. Trump's attorneys invoked the First Amendment as a defense, arguing that his political statements were protected speech. However, the House managers disagreed, stating that impeachment seeks to protect the nation from a president who violates his oath of office and abuses the public trust.
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Violating the Impoundment Act
Impoundment is a unilateral action taken by the executive branch to delay or cancel appropriations enacted into law. It has always been unlawful. The Government Accountability Office (GAO), the Department of Justice Office of Legal Counsel, and the Supreme Court of the United States have all disavowed the notion of an "inherent Presidential power to impound".
The Impoundment Control Act of 1974 (ICA) was enacted by Congress in response to President Nixon's impoundments. The Act grants the President two options to reduce funding that otherwise would have been unavailable:
- The President may propose that Congress rescind appropriated funds and obtain a vote without the risk of a filibuster. The President may withhold funds for 45 days while waiting for Congress to act but must then spend the money as specified in the appropriations act.
- The President may propose to defer spending to later in the same fiscal year. This requires a special message to Congress, and the delay is deemed approved unless Congress acts to forbid it. However, deferrals are only allowed for anticipated increases in need later in the fiscal year or technological or similar changes allowing the program to fully meet Congress's goals.
Despite the ICA, President Trump has repeatedly attempted to use impoundment to cut federal spending. He has argued that the executive branch has the power to spend or freeze federal funds, a power that most experts say belongs to Congress. In 2019, Trump's Office of Management and Budget (OMB) impounded aid designated for Ukraine, which the GAO deemed a violation of the ICA in a 2020 report. Trump has also issued executive orders calling for unlawful impoundment, including freezing all funding provided in the Bipartisan Infrastructure Law.
Trump's actions and perspective on the ICA have been criticized as an attempt to avoid the system of checks and balances established in the Constitution and to elevate the President's priorities over those passed by Congress. His refusal to follow the ICA's procedures means he cannot claim the Act's authorization for his actions. Trump's OMB director, Russell Vought, has repeatedly argued that the ICA is unconstitutional, although this is likely incorrect.
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Undermining the rule of law
Since taking office, Donald Trump has been accused of undermining the rule of law in the United States. One of the most prominent examples of this is his refusal to address conflicts of interest regarding his business empire. Trump has extensive business interests in the US and around the world, including in Russia, where he has long had extensive dealings. Despite this, he has refused to follow the example of his predecessors by selling his assets and placing the proceeds in a blind trust. Instead, he has transferred management of the Trump Organization to his sons, Eric and Donald Jr., while retaining full ownership. This has raised concerns about potential violations of the Constitution's prohibition on the president receiving "emoluments," or payments/benefits from foreign states.
Trump has also been accused of undermining the rule of law through his use of executive orders and his administration's guidance on those orders. Within the first few weeks of taking office, Trump issued a series of controversial executive orders, including one purporting to end birthright citizenship, which a federal judge blocked, calling it "blatantly unconstitutional." Trump has also issued guidance stating that his executive orders "trump" all other sources of law, including the Constitution and statutes. Federal workers who have refused to honor these orders due to their conflict with existing laws have been fired or placed on administrative leave.
Trump's administration has also been accused of violating the law and the Constitution through its actions regarding federal spending and agencies. Trump attempted to freeze all federal grants and loans across the government, amounting to about $1 trillion, without involving Congress, which legal experts said violated the Constitution and the 1974 Impoundment Control Act. Additionally, Trump's closure of the US Agency for International Development was also deemed illegal, as it was established as an independent entity by a law passed by Congress in 1998.
Trump's actions have led to concerns about the weakening of the rule of law and respect for the law in the United States. Laurence Tribe, a leading constitutional scholar, stated that Trump's repeated violations of the Constitution and acts of Congress "shred the whole thing." Tribe also noted that Trump is the "most lawless and scofflaw president" in US history. Other legal experts have echoed these sentiments, characterizing Trump's actions as a ""blitzkrieg on the law."
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Violating freedom of speech during impeachment trials and issuing executive orders
During his time in office, former US President Donald Trump faced widespread criticism for his administration's stance on freedom of speech, particularly in the context of impeachment trials and executive orders.
Trump's lawyers argued that the First Amendment protected his political statements, asserting that free speech under the amendment meant his conduct could not be considered an impeachable offense. However, this defense was disputed by legal scholars and House managers, who argued that the First Amendment does not apply in impeachment proceedings. They contended that impeachment aims to protect the nation from a president who violated his oath of office and abused the public trust, rather than punish unlawful speech.
Trump's administration was also marked by his willingness to violate the Constitution and federal law through executive orders. One notable example was his rapid-fire and controversial moves, including banning birthright citizenship and firing inspectors general. Legal scholars pointed out that these actions blatantly broke the law and ignored constitutional constraints.
Trump also issued an executive order on "Restoring Freedom of Speech" and Ending Federal Censorship, which he saw as a response to government pressure on social media companies to limit misinformation. This order included provisions to secure free speech rights, prohibiting federal officers and taxpayer resources from being used to infringe upon them. However, it was met with criticism, with some experts claiming it was a "direct assault on reality."
Additionally, Trump's conflict-of-interest practices during his presidency raised concerns about potential violations of the Constitution. Despite his extensive private holdings, Trump refused to sell his assets and instead transferred management of the Trump Organization to his sons, retaining full ownership. This led to accusations of violating constitutional constraints designed to prevent corruption and foreign influence.
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Frequently asked questions
Donald Trump's administration has been accused of violating the constitution in a number of ways, including banning birthright citizenship, firing inspectors general, freezing federal spending, and dismissing members of the National Labor Relations Board (NLRB) and Equal Employment Opportunity Commission (EEOC).
Unlike his predecessors, Trump refused to sell his assets and place the proceeds in a blind trust. Instead, he transferred management of the Trump Organization to his sons, Eric and Donald Jr., while retaining full ownership.
Legal experts have expressed concern over Trump's disregard for the constitution and federal law, with some calling it a "'blitzkrieg on the law'. They have pointed to specific actions, such as the spending freeze, as attempts to ignore Congress's constitutional power.
Laurence Tribe, a leading constitutional scholar, warned that Trump's repeated violations of the constitution and acts of Congress were "'shredding' the rule of law and respect for the law".
Trump faced criticism and lawsuits for his actions, with several groups suing to stop the freeze in federal spending, arguing that it violated the constitution and the 1974 Impoundment Control Act.
