Gavin Howe
In the short time that he has been in office, Trump has repeatedly broken the law or violated the Constitution. He has been accused of testing the limits of presidential power and legal boundaries, with some experts suggesting that the Trump administration is breaking federal laws. One example of this is the plan to shut down the U.S. Agency for International Development (USAID) by placing it under State Department control, which may conflict with the Impoundment Control Act of 1974. Trump has also fired inspectors general across the government without providing notice or a rationale to Congress, and pardoned the January 6 insurrectionists. These actions have raised concerns about a potential constitutional crisis and the rule of law in the United States.
| Characteristics | Values |
|---|---|
| Executive order purporting to end birthright citizenship | A federal judge called this "blatantly unconstitutional" |
| Firing of fraud-finding inspectors general across the government without providing notice or a rationale to Congress | |
| Inauguration Day pardon of the January 6 insurrectionists | |
| Plans to effectively shut down the U.S. Agency for International Development (USAID) by stripping away its independence and placing it under State Department control | This may conflict with the Impoundment Control Act of 1974 |
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What You'll Learn
- Trump's executive order to end birthright citizenship was blocked by a federal judge who deemed it blatantly unconstitutional
- Trump fired inspectors general across the government without providing notice or rationale to Congress
- Trump's administration is attempting to shut down the U.S. Agency for International Development (USAID)
- Trump's refusal to spend foreign-aid funds conflicts with the Impoundment Control Act of 1974
- Trump's Inauguration Day pardon of the January 6 insurrectionists
Trump's executive order to end birthright citizenship was blocked by a federal judge who deemed it blatantly unconstitutional
In the first two weeks of his presidency, Trump has been accused of flagrantly breaking the law and violating the Constitution. One example of this is his executive order to end birthright citizenship, which was blocked by a federal judge who deemed it blatantly unconstitutional.
Trump's executive order to end birthright citizenship was met with swift legal challenges from four states: Washington, Arizona, Illinois, and Oregon. U.S. District Judge John Coughenour called the order "blatantly unconstitutional" and issued a restraining order blocking it from going into force. This ruling was later supported by a second federal judge, U.S. District Judge Deborah Boardman, who issued a nationwide preliminary injunction against the order.
Trump's attempt to end birthright citizenship conflicts with the 14th Amendment to the Constitution, which grants citizenship to nearly anyone born inside the US. Under a long-standing interpretation of this amendment, children born to parents who are in the country illegally or temporarily are automatically given citizenship. By ending birthright citizenship, Trump would be denying these children their fundamental right to citizenship.
Trump's actions have been described as a concerted attack on the rule of law and an assault on the government. Legal experts have noted that his proposals are testing legal boundaries and may be breaking specific laws. For example, his plan to shut down the U.S. Agency for International Development (USAID) by stripping away its independence and placing it under State Department control would conflict with the Impoundment Control Act of 1974, a federal law that requires the president to get permission from Congress to withhold discretionary spending.
It remains to be seen whether Trump's actions will ultimately be deemed unlawful, but his willingness to push the boundaries of presidential power has certainly raised concerns among legal experts and the public.
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Trump fired inspectors general across the government without providing notice or rationale to Congress
Trump has been accused of openly breaking laws and violating the US Constitution. One example of this is when he fired inspectors general across the government without providing notice or rationale to Congress.
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 by law without regard to their political affiliation and work 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.
Senate Democratic leader Chuck Schumer called the move a "chilling purge" and a "preview of the lawless approach Donald Trump and his administration are taking". He said the dismissals are "possibly in violation of federal law" and demonstrate that it is a "golden age for abuse in government and even corruption".
Trump's administration has argued that the notice provision is unconstitutional, citing the president's "unrestricted removal power" over executive branch officials. However, this argument has been criticised as testing the "outer boundaries" of what a president might be able to get away with and breaking long-standing norms.
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Trump's administration is attempting to shut down the U.S. Agency for International Development (USAID)
Trump's administration has been accused of openly breaking laws and violating the US Constitution. One example of this is the administration's attempt to shut down the U.S. Agency for International Development (USAID).
USAID has long been a part of US foreign policy, providing humanitarian aid, promoting global health initiatives, and supporting democratic governance in some of the world's most volatile regions. It administers billions of dollars in aid annually, addressing crises ranging from natural disasters to health pandemics.
Trump and Musk signalled plans to effectively shut down the agency by stripping away its independence and placing it under State Department control. This would have involved refusing to spend the agency's foreign-aid funds, which would likely conflict with the Impoundment Control Act of 1974, a Nixon-era federal law that requires the president to get permission from Congress to withhold discretionary spending.
In the weeks after Trump's order, one of his appointees and transition team members, Pete Marocco, and Musk pulled USAID staff around the world off the job through forced leaves and firings, shut down USAID payments overnight, and terminated aid and development contracts by the thousands. Contractors and staffers running efforts ranging from epidemic control to famine prevention to job and democracy training stopped work. Aid groups and other USAID partners laid off tens of thousands of their workers in the US and abroad.
A federal judge has blocked the Trump administration from taking any further steps to shut down USAID, ruling that the efforts likely violated the US Constitution "in multiple ways".
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Trump's refusal to spend foreign-aid funds conflicts with the Impoundment Control Act of 1974
Donald Trump has repeatedly broken the law or violated the Constitution during his time in office. One example of this is his refusal to spend foreign-aid funds, which conflicts with the Impoundment Control Act of 1974.
The Impoundment Control Act is a Nixon-era federal law that requires the president to get permission from Congress to withhold discretionary spending. Within hours of his inauguration, Trump ordered a "90-day pause" in foreign development assistance and instructed the attorney general and secretary of the Department of Homeland Security to ensure that "sanctuary" cities did not receive federal funds.
Trump's legal team would argue that the "Constitution gives the President a right to impound funds". However, this view is disputed by the Government Accountability Office (GAO), a congressional agency with statutory authority to monitor spending and enforce the ICA and other spending-related statutes. The GAO has issued an opinion holding that such pocket rescissions are unlawful because they defeat the statute's purpose of preventing rescissions without new legislation.
Trump's refusal to spend foreign-aid funds is part of a broader effort to "crush the Deep State" and reduce federal spending. It remains to be seen whether his actions will ultimately set up a Supreme Court battle over the President's authority to withhold funds appropriated by Congress.
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Trump's Inauguration Day pardon of the January 6 insurrectionists
Trump has been accused of openly breaking laws and violating the Constitution on several occasions. One example is his Inauguration Day pardon of the January 6 insurrectionists, who stormed the Capitol in 2021.
Trump described the January 6 rioters as "political prisoners", despite the fact that they were charged by grand juries and convicted by either juries or federal judges. The pardon was followed by a purge of the Federal Bureau of Investigation, with top career officials removed and hundreds of agents probed because they worked on the prosecution of the Capitol rioters.
Legal experts have noted that Trump's pardon of the insurrectionists, while not technically an abuse of his power, was an unprecedented violation of the trust placed in American leaders. Judge Amit Mehta, who sentenced the Oath Keepers' leader to 18 years in prison for seditious conspiracy, said that the notion of absolving these individuals was "frightening".
Trump's actions have been characterised as a concerted attack on the rule of law, with some suggesting that he is testing the limits of his power as president.
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Frequently asked questions
Trump is openly breaking laws because he is testing the limits of presidential power.
Trump has violated rules, laws, and the Constitution. He has fired fraud-finding inspectors general across the government without providing notice or a rationale to Congress. He has also pardoned the January 6 insurrectionists and purged the Federal Bureau of Investigation.
Trump's legal team would argue that the Constitution gives the President a right to impound funds. They would cite how Thomas Jefferson halted funding for gunboats to patrol the Mississippi River as a precedent.
Legal experts and scholars have criticised Trump's actions, saying that they are "blatantly against the law". There is also concern that Trump's actions could lead to a constitutional crisis.
The fate of USAID is hanging in the balance. Trump has signalled plans to effectively shut down the agency by stripping away its independence and placing it under State Department control. However, it would be difficult for such a bill to get the necessary support from 60 Senators to overcome an all-but-certain filibuster.
