Keith Mack
Trump has been accused of breaking the law or violating the Constitution on multiple occasions, including the firing of inspectors general without providing notice or a rationale to Congress, the Inauguration Day pardon of the January 6 insurrectionists, and the attempted shutdown of the US Agency for International Development. While some legal experts and members of Congress have objected to Trump's actions, his fellow Republicans have largely remained silent. It remains to be seen whether Republicans will continue to allow Trump to break the law without consequence.
| Characteristics | Values |
|---|---|
| Republicans have abdicated their responsibility to stop Trump | Republicans have so far failed to object to Trump's lawbreaking |
| Federal courts have a duty to step in | The Supreme Court will rule against Trump on some things |
| Public opinion will matter most | --- |
| Trump's actions are unconstitutional | Trump has no constitutional authority to shut down the US Agency for International Development |
| Trump has fired inspectors general without notice or rationale | --- |
| Trump has pardoned insurrectionists | --- |
| Trump has purged the FBI | --- |
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What You'll Learn
- Trump's lack of constitutional authority to shut down USAID
- Trump's firing of inspectors general without notice or rationale
- Trump's Inauguration Day pardon of the January 6 insurrectionists
- Trump's questioning the legitimacy of presiding judges
- Trump's violation of the Constitution with an executive order on birthright citizenship
Trump's lack of constitutional authority to shut down USAID
It is unclear when Republicans will stop allowing Trump to break the law. However, Trump's lack of constitutional authority to shut down USAID is a clear example of his lawbreaking spree.
USAID was created through an executive order by President John F. Kennedy in 1961, but it was established as its own government agency by Congress in 1998. This distinction suggests that Congress has the final authority to shut down the agency. Legal experts agree that Trump does not have the constitutional authority to ignore a statute that establishes a department or agency.
A federal judge has ruled that the USAID shutdown likely violated the Constitution. The judge wrote that Musk made the decision to shut down USAID's headquarters and website, even though he lacked the authority to do so. The Trump administration's actions have left many USAID staffers and contractors and their families still overseas, awaiting back payments and travel expenses to return home.
Trump's actions regarding USAID are part of a broader pattern of breaking the law and violating the Constitution. For example, he has also issued an executive order purporting to end birthright citizenship, which a federal judge blocked as "blatantly unconstitutional." He has also fired fraud-finding inspectors general across the government without providing notice or a rationale to Congress.
It is essential for members of Congress, federal courts, and public opinion to hold Trump accountable for his unconstitutional actions.
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Trump's firing of inspectors general without notice or rationale
In the first two weeks of his presidency, Trump broke the law or violated the Constitution on several occasions. One of these occasions was the firing of fraud-finding inspectors general across the government without providing notice or a rationale to Congress. The Washington Post reported that many of those fired were appointees from Trump's first term, including inspectors general for the Departments of Agriculture, Commerce, Defense and Education.
Hannibal Ware, the chairman of the Council of the Inspectors General on Integrity and Efficiency, noted that inspectors general conduct their oversight in a strictly non-partisan manner. They are appointed without regard to political affiliation and work effectively across administrations and with Congress, without regard to political party. Ware suggested that the firings violated the legal requirements that presidents notify Congress 30 days before firing an inspector general and provide a detailed rationale for the decision.
The Inspector General Act of 1978 states that an inspector general may be removed from office by the president. A recent amendment to the Act, the Securing Inspector General Independence Act of 2022, changed the notice provision to require a "substantive rationale, including detailed and case-specific reasons" for the removal.
Trump's administration has argued that the notice provision is unconstitutional. However, several legal experts have told TIME that Trump lacks the constitutional authority to shut down the agency without congressional approval.
Trump's fellow Republicans have so far failed to object to his lawbreaking spree. Ultimately, public opinion will matter most.
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Trump's Inauguration Day pardon of the January 6 insurrectionists
Following his inauguration on 20 January 2025, President Trump issued pardons to those indicted and/or sentenced in relation to the attack on the US Capitol on 6 January 2021. This included members of the Oath Keepers and Proud Boys, two well-known violent extremist groups.
Trump's pardoning of the January 6 insurrectionists was part of a wider pattern of lawbreaking and constitutional violations. In his first two weeks in office, Trump also issued an executive order purporting to end birthright citizenship, which a federal judge blocked as "blatantly unconstitutional", and fired fraud-finding inspectors general across the government without providing notice or a rationale to Congress.
Legal experts have questioned Trump's authority to take some of these actions, such as shutting down the US Agency for International Development without congressional approval. However, Trump and his allies have yet to be sanctioned for disobeying a court.
It remains to be seen whether Republicans will continue to allow Trump to break the law with impunity. Members of Congress from both parties should be objecting to Trump's actions, but so far, his fellow Republicans have been silent. Ultimately, public opinion may be the most important factor in holding Trump accountable.
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Trump's questioning the legitimacy of presiding judges
It is unclear when Republicans will stop allowing Trump to break the law. However, when Trump was the target of multiple prosecutions over the past four years, he frequently questioned the legitimacy of the presiding judges.
Trump has flagrantly broken the law or violated the Constitution on several occasions. For example, he issued an executive order purporting to end birthright citizenship, which a federal judge said was "blatantly unconstitutional" as he blocked it. Trump also fired fraud-finding inspectors general across the government without providing notice or a rationale to Congress.
Trump and his allies have made aggressive comments about unfavourable court decisions in the public and in legal filings, but have yet to be sanctioned for disobeying a court. While Trump has questioned the legitimacy of presiding judges, his courtroom lawyers have adhered to the law and legal procedures.
Legal experts have also stated that Trump lacks the constitutional authority to shut down the USAID agency without congressional approval. Despite this, Trump has made moves to shut down the agency, with a judge temporarily halting some aspects of his plan.
It remains to be seen whether Republicans will continue to allow Trump to break the law or if they will eventually take a stand against his actions.
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Trump's violation of the Constitution with an executive order on birthright citizenship
There is no indication of when Republicans will stop allowing Trump to break the law. However, there have been calls for members of Congress from both parties to object to Trump's unconstitutional lawbreaking spree.
Trump's executive order on birthright citizenship is a clear violation of the Constitution. The order, signed on Trump's first day back in office on 20 January 2025, directed US agencies to refuse to recognise the citizenship of children born in the United States if neither of their parents is a US citizen or lawful permanent resident. This violates the 14th Amendment of the Constitution, which guarantees citizenship to anyone born in the United States. The American Civil Liberties Union (ACLU) and other immigrant rights groups have sued the Trump administration, arguing that the order is \"blatantly unconstitutional\" and a "blatant violation of our Constitution".
Trump's administration has argued that the nationwide injunctions issued by federal judges "transgress constitutional limits on courts' powers" and "compromise the Executive Branch's ability to carry out its functions". However, legal experts have stated that Trump lacks the constitutional authority to make such a decision without congressional approval.
The executive order on birthright citizenship is part of Trump's hardline policies toward immigration and has been described as a "reckless and ruthless repudiation of American values". It seeks to create a permanent subclass of people born in the US who are denied full rights as Americans.
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Frequently asked questions
Yes, according to legal experts, Trump has broken the law or violated the Constitution on several occasions.
Federal courts have a duty to step up and rule against Trump. Public opinion will also matter in holding Trump accountable.
Republicans have so far failed to object to Trump's lawbreaking. This could be because they are afraid of the consequences of speaking out or because they agree with Trump's actions.
