Cecily Zamora
Former US President Donald Trump has been accused of violating the constitution and federal law on multiple occasions. Legal scholars and historians have pointed to several instances where Trump's actions have allegedly broken the law, including his attempt to end birthright citizenship, the firing of inspectors general, and freezing federal spending. Trump's administration has also been criticised for issuing guidance that executive orders take precedence over all other sources of law, leading to concerns about a power grab and a constitutional crisis. Trump's use of tariffs and his handling of immigration and trade policies have also sparked lawsuits and criticism. The full extent of Trump's threats to constitutional law is still being assessed and debated by legal experts.
| Characteristics | Values |
|---|---|
| Violation of the Constitution | Freezing trillions of dollars in federal spending, dismissing members of the National Labor Relations Board (NLRB) and Equal Employment Opportunity Commission (EEOC), ending birthright citizenship, firing inspectors general, issuing guidance instructing federal workers that executive orders "trump" all other sources of law, impounding congressionally-appropriated funds, firing federal prosecutors and professionals, dissolving federal agencies, taking taxpayer money from communities, and more |
| Violation of Statutes | Using tariffs aggressively to shape trade policy, threatening to upend business in Brazil and drive up prices for American consumers, violating the International Emergency Economic Powers Act of 1977 |
| Undermining the Rule of Law | Pardoning violent criminals, undermining mandated agency independence, attacking constitutional rights, violating due process protections, violating federal immigration law, and more |
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What You'll Learn
Violating birthright citizenship
On 20 January 2025, Donald Trump signed an executive order to end birthright citizenship. The order directed agencies to refuse to recognize the citizenship of US-born children who do not have at least one parent who is a US citizen or lawful permanent resident.
The American Civil Liberties Union (ACLU) and immigrants' rights advocates sued the Trump administration, charging it with violating the 14th Amendment and federal law. The 14th Amendment, ratified in 1868 after the US Civil War, states that all children born in the US are citizens. The birthright citizenship rule comes from English common law and dates back centuries. The ACLU argued that the executive order seeks to create a permanent subclass of people born in the US who are denied full rights as Americans.
The executive order has been widely criticized and deemed unconstitutional by legal experts, historians, and judges. Federal judges in Seattle and Boston temporarily blocked the order, with US District Judge Leo Sorokin ruling in favor of 18 Democratic-led states and the District of Columbia, who challenged the policy. A federal appeals court in San Francisco became the first to hold Trump's order as unconstitutional, expressing deep skepticism about the Trump administration's immigration agenda.
The Trump administration's plan to revoke birthright citizenship has been described as a logistical nightmare, requiring federal intrusion into the privacy of birth. It has also been criticized for stigmatizing children directly impacted by the order and sending a message of exclusion based on race or parental status.
While the Supreme Court has not yet ruled on the order, lower courts have consistently blocked its enforcement. The ultimate fate of the order will likely be determined by the Supreme Court, with many anticipating a ruling on constitutional grounds.
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Firing inspectors general
President Trump fired at least a dozen inspectors general, with estimates ranging from 12 to 18. Inspectors general are independent watchdogs who work within federal agencies to call out waste, fraud, and abuse of power. They are expected to act independently and non-partisanly, although they are under the supervision of their agency head.
Trump's decision to fire these inspectors general was met with criticism and accusations of violating federal law. Members of Congress, including Sen. Adam Schiff, Sen. Chuck Grassley, and Senate Democratic leader Chuck Schumer, pointed out that Trump did not provide the legally required 30-day notice to Congress before removing the inspectors general. This appeared to violate the Inspector General Act, which was passed in 1978 as a part of good government reform.
Trump defended his actions, stating that it was a "very common thing to do" and that he would "put good people in there." However, his move raised concerns about the removal of checks and balances within the government.
It is important to note that while Trump's actions may have been legally murky, some sources suggest that they were probably lawful. The real bite of the 2022 law comes in the limitations it places on Trump's power to replace the terminated inspectors general, which may prove challenging for Trump.
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Freezing federal spending
Former US President Donald Trump has been accused of threatening the US Constitution through a series of executive orders and controversial actions. One of these actions includes freezing federal spending, which has been described as an attempt to ignore Congress's constitutional power of the purse.
Trump's funding freeze has been widely criticised and deemed unlawful by legal experts and historians. They argue that the president cannot unilaterally decide to freeze federal spending, as it violates the separation of powers and encroaches upon Congress's authority. This power is outlined in the Impoundment Control Act of 1974, which was passed to curb presidential abuse of power regarding spending.
The funding freeze caused significant disruption to Americans who rely on federally funded programs, such as childcare, food assistance, and housing. It also impacted hundreds of nonprofits that depend on government grants. The freeze affected critical areas such as education, with billions of federal dollars for schools being withheld. The Trump administration's budget proposal included eliminating several educational programs and reducing overall funding for education.
Trump's actions regarding federal spending have been described as an assault on the nation's spending laws and a denial of investments owed to the American people. The funding freeze is part of a broader pattern of Trump's administration ignoring established laws and norms, with some experts characterising it as a power grab or a constitutional crisis.
The consequences of Trump's funding freeze are significant, impacting Americans' access to essential services and potentially hindering progress in critical research areas. The freeze also affects the ability of state and local governments to function effectively and provide for their communities.
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Pardoning criminals
While an exact number is not available, President Trump has threatened several constitutional laws during his presidency. One of the most notable examples is his attempt to end birthright citizenship, which a federal judge called a "blatantly unconstitutional order". Trump has also been criticised for firing 18 inspectors general, who serve as independent officials investigating agencies for waste, fraud, and abuse. Furthermore, Trump's spending freeze has been interpreted as an attempt to ignore Congress's constitutional power of the purse.
Trump has also been accused of pardoning criminals, including fraudsters, tax evaders, and other white-collar criminals. His pardons have resulted in the loss of $1.3 billion in restitution and fines owed to victims and taxpayers. This includes cases where individuals pardoned had stolen money from their employees. Trump's pardons have been described as a "corrupt pardon spree" that has deprived victims and survivors of crime. His actions regarding pardoning criminals have been seen as a sharp break from established practices, where individuals seeking pardons would need to accept responsibility and make restitution to their victims.
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Dismantling agencies
During his presidency, Donald Trump has been accused of threatening the US Constitution through his actions, including dismantling agencies created by acts of Congress.
One notable example is the closure of the US Agency for International Development (USAID), which has been described as a violation of federal law. USAID is responsible for providing humanitarian assistance and foreign aid, including HIV/AIDS prevention programs.
Trump's administration also attempted to dismantle the Department of Education by pushing to reduce federal education funding and remove student protections. This effort faced strong opposition, as legal experts highlighted the need for congressional approval to abolish a federal agency.
In addition, Trump signed an executive order titled "Ensuring Accountability for All Agencies," which requires independent regulatory agencies, such as the Federal Election Commission (FEC) and the Federal Communications Commission (FCC), to submit their major regulations to the White House Office of Management and Budget (OMB) for review. This order has been challenged in court, with plaintiffs arguing that it unlawfully extends presidential control over independent agencies and undermines their mandated independence.
Trump's actions have been characterized by some as a blitzkrieg on the law and the constitution, with concerns raised about his disregard for established norms and the rule of law. His administration's moves have been described as a power grab, a constitutional crisis, and a shift towards autocracy.
It is important to note that the interpretation of Trump's actions and their legality is a subject of ongoing debate and discussion among legal scholars, historians, and experts.
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Frequently asked questions
It is unclear how many constitutional laws Trump has threatened, but there are numerous examples of this occurring.
Trump has been accused of threatening constitutional laws through his attempts to end birthright citizenship, which a federal judge deemed "blatantly unconstitutional". He has also been criticised for firing inspectors general without providing a valid rationale to Congress and for issuing executive orders that undermine the independence of regulatory agencies.
Trump's actions have been characterised as a "blitzkrieg on the law and the constitution" by legal experts, historians, and lawmakers. Some have even described his behaviour as autocratic and compared it to a coup. Lawsuits have been filed, and there have been calls for the safeguarding of legal practitioners from politically motivated sanctions.
