Gavin Howe
Former US President Donald Trump has been accused of attempting to change or break laws during his time in office. Trump has signed numerous executive orders, which allow presidents to make policy outside of the regular lawmaking process. While executive orders can be powerful, they are not as durable as laws and can be undone by the courts if they are found to violate the Constitution or existing statutes. Trump's use of executive orders has been described as an attempt to short-circuit the legislative process and undermine the rule of law.
One example of Trump's controversial use of executive orders is his attempt to end birthright citizenship, which was blocked by a federal judge who deemed it blatantly unconstitutional. Trump has also been accused of violating the law and the Constitution through his actions, such as firing inspectors general without providing notice to Congress and interfering with the election system.
So, while Trump does have some authority to make or change laws through executive orders, his actions are limited and subject to legal scrutiny and constraints.
| Characteristics | Values |
|---|---|
| Can Trump make or change any law he wants? | No |
| Can Trump make or change laws through executive orders? | Yes, but these can be undone by the courts or the next president |
| Can Trump make or change laws without Congress? | No, Congress has the power of the purse |
| Can Trump make or change laws with Congress? | Yes, but Congress has the final authority |
| Can Trump change the Constitution? | No, but Congress can propose amendments |
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What You'll Learn
Trump's use of executive orders
US President Donald Trump has been criticised for his extensive use of executive orders, which have been described as "swift and broad". In 2025, Trump signed 124 executive orders, which carry the weight of law but can be more easily overturned.
Trump's executive orders have targeted a range of issues, including transgender medical care for under-19s, foreign aid, and illegal immigration. He has also used executive orders to reshape the federal government, including the creation of the Department of Government Efficiency (DOGE), which is expected to be led by Elon Musk.
Some of Trump's executive orders have faced legal challenges, including the order to deny citizenship to the children of migrants in the US illegally or on temporary visas, which a federal judge blocked, calling it "blatantly unconstitutional". Trump's attempt to shut down the US Agency for International Development (USAID) by placing it under State Department control is also illegal, as the agency was established by an act of Congress and can only be disbanded by Congress.
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The limits of executive orders
Executive orders are presidential written directives to agencies on how to implement the law. They are unilateral actions that allow the president to make policy outside of the regular law-making process. While they carry the weight of the law, they can be more easily overturned than laws or regulations. Executive orders are considered legally valid unless they violate the Constitution or existing statutes.
Executive orders can also be challenged in court and overturned if they are found to be unconstitutional or issued without proper legal authority. For example, Trump's 2017 travel ban faced several legal challenges before it was written in a way that satisfied the court. Additionally, executive orders may not be as unilateral as they seem, as drafting an order involves a time-consuming bargaining process with various agencies negotiating its content.
Furthermore, executive orders cannot be used to change the Constitution. Any changes to the Constitution would require a two-thirds vote in both the House and Senate and ratification by three-quarters of the states.
In conclusion, while executive orders allow the president to make policy and direct agencies, they are limited by the Constitution, Congress, the courts, and the bargaining process involved in their creation.
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Trump's attempts to undermine elections
While the US President does not have the power to make or change any laws they want, executive orders do carry the weight of law and can be used to shape policy. However, these orders can be overturned and face legal challenges.
Donald Trump has been accused of undermining the 2020 US presidential election, which he lost to Joe Biden. Trump and his supporters have continued to insist that the election was stolen, spreading misinformation and conspiracy theories. This has led to concerns that public confidence in democracy is being undermined. Trump's attempts to overturn the election culminated in the January 6 Capitol attack by his supporters, an attempted self-coup d'état.
Trump's use of the "big lie" propaganda technique involved false claims of rigged voting machines, electoral fraud, and an international conspiracy. Despite these claims being dismissed by some of his campaign staff and officials, Trump pressed the Department of Justice leaders to challenge the results.
Trump's administration also attempted to reshape elections through an executive order that would impose "sweeping voting restrictions" and disenfranchise voters. The order would require documentary proof of citizenship for federal voting forms, which could potentially prevent millions from voting. The order also threatens to undermine elections by allowing the Department of Government Efficiency (DOGE) and the Department of Homeland Security (DHS) to subpoena voting records.
Trump's actions have been described as an "authoritarian power grab" and an attempt to "sidestep Congress". His administration's decision to cite the need to protect against foreign interference in elections also conflicts with its recent downgrading of the country's ability to monitor and combat such interference.
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Trump's violation of rules, laws and the Constitution
While the US President does have the power to make or change laws, this power is not absolute and is subject to checks and balances from other branches of the government.
Trump has been accused of violating rules, laws, and the Constitution on numerous occasions during his presidency. Here are some examples:
Violation of Rules and Laws
- Trump has been accused of illegally pardoning hundreds of violent criminals and insurrectionists upon taking office.
- He has fired thousands of federal professionals and civil servants without providing a rationale or cause, including fraud-finding inspectors general and career FBI and DOJ officials.
- Trump has also been accused of illegally stealing funds intended for programs that help American families and businesses.
- He has issued a series of controversial pardons and signed executive orders that are considered illegal and unconstitutional, such as the order targeting transgender medical care for minors and the directive postponing the ban on the Chinese-owned app TikTok.
- Trump's attempt to shut down the US Agency for International Development (USAID) without congressional approval, and his refusal to spend the agency's foreign aid funds, are both potentially illegal and violate USAID's legal status as an independent entity.
- Trump's administration froze all federal grants and loans across the government, with the purported goal of stopping "Marxist equity, transgenderism, and green new deal social engineering policies," which caused widespread disruption and was deemed a legal and constitutional breach.
- Trump has proclaimed a national emergency regarding America's sovereignty, freeing up funding to reinforce the border with Mexico, which some have criticized as unnecessary and a potential misuse of funds.
- He has ordered officials to deny citizenship to the children of migrants in the US illegally or on temporary visas, which faces legal challenges.
- Trump rescinded sanctions on extremist Israeli settlers and settler groups in the occupied West Bank, which were imposed due to a surge of attacks on Palestinians and their property.
- He revoked a mandate that federal workers must be vaccinated with the Covid vaccine, going against public health advice.
Violation of the Constitution
- Trump's executive order purporting to end birthright citizenship was blocked by a federal judge as being "blatantly unconstitutional."
- The removal of experienced career officials at the FBI and DOJ and the threat of firing FBI Special Agents and analysts undermines the independence of these institutions and their ability to investigate and prosecute crimes, including those committed by public officials.
- Trump's administration has provided access to sensitive data and government systems to Elon Musk and his team, which could have catastrophic economic consequences and be used as a tool for retribution.
- The shutdown of offices of diversity, equity, and inclusion (DEI) programmes within the federal government and the elimination of DEI programmes in the US military have been criticized as unconstitutional.
- Trump's refusal to spend funds allocated by Congress and his attempts to unilaterally shut down federal agencies, such as USAID, violate the principle of "the power of the purse," which gives Congress the authority to appropriate funds for federal government activities.
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Trump's authority over foreign policy
US President Donald Trump's foreign policy has been characterised by unilateralism and protectionist trade measures, which have strained traditional alliances. Trump's foreign policy has been described as breaking the post-1945 rules-based liberal international order and abandoning multilateralism.
Trump's relations with US allies have ranged from indifference to hostility, while he has sought friendlier relations with certain US adversaries. The Trump administration is generally opposed to international cooperation on areas such as the environment, global health, or the economy, which it views as against the national interest.
Trump has used his authority in foreign policy to issue directives targeting transgender medical care for under 19s, cracking down on illegal immigration, and reshaping the federal government. He has also used his powers to revoke a mandate that federal workers must be vaccinated with the Covid-19 vaccine, and to pause foreign aid.
Trump's foreign policy has also involved trade wars with Canada, Mexico, and China, as well as the imposition of tariffs on these countries. He has also revoked the visas of all South Sudanese citizens in the US and barred their entry, following a bilateral dispute over the repatriation of a South Sudanese citizen. Trump has also designated drug cartels and international gangs as foreign terrorist organisations.
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Frequently asked questions
No. Trump cannot make or change any law he wants. While the U.S. President does have the power to issue executive orders, these are not the same as laws and are subject to legal constraints. Executive orders are directives to agencies on how to implement the law and are valid unless they violate the Constitution or existing statutes.
No. Trump cannot change the Constitution with an executive order. The Constitution can only be amended with a two-thirds vote in both the House and Senate and ratification by three-quarters of the states.
No. Trump cannot make laws without Congress. Congress has the power of the purse, meaning it appropriates the money for federal government activities. While Trump can issue executive orders, they are unilateral actions that can be overturned by the courts.
No. Trump cannot ignore laws he doesn't like. There are several examples of Trump violating rules, laws, and the Constitution. Legal experts have stated that Trump does not have the authority to ignore or break the law as President.
