Gavin Howe
Former US President Donald Trump has been accused of undermining the Constitution and the rule of law in America. During his time in office, Trump clashed with the courts and Congress over executive overreach, attempting to dismantle independent agencies, granting private individuals access to sensitive government systems, and offering unprecedented federal employee buyouts. Trump's administration also sought to revoke birthright citizenship for undocumented immigrants, overriding Supreme Court precedent and the text of the Fourteenth Amendment. In addition, Trump has pardoned violent criminals, stolen funds from programs meant to help American families and businesses, and fired career civil servants without cause. Trump has also benefited from and exploited presidential immunity, becoming the first president in US history to receive criminal immunity from prosecution for his efforts to overturn the 2020 election. While some argue that Trump is above the law, others see a constitutional crisis unfolding, with Trump's actions testing legal boundaries and raising urgent legal and constitutional questions.
| Characteristics | Values |
|---|---|
| Immunity from prosecution | Criminal immunity from prosecution for acts relating to "core constitutional duties" |
| Immunity from lawsuits | Civil immunity for the president |
| Executive overreach | Dismantling independent agencies, granting private individuals access to sensitive government systems, offering unprecedented federal employee buyouts |
| Violation of the Fourteenth Amendment | Revoking birthright citizenship for undocumented immigrants |
| Bullying law firms | Intimidating white-shoe law firms out of doing pro bono work opposing the administration |
| Unconstitutional remedies | Proposing class-action lawsuits as a remedy, despite believing them to be legally suspect |
| Undermining the Rule of Law | Pardoning violent criminals, illegally stealing funds, firing career civil servants without cause |
| Violating Federal law | Shutting down the U.S. Agency for International Development |
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What You'll Learn
Trump's ability to sue while avoiding being sued himself
There is a growing perception that former President Donald Trump has been able to exploit the law to his advantage, suing others while avoiding being sued himself. This perception is fuelled by several factors, including Trump's ability to wield legal immunity and his administration's aggressive use of the courts to push through its agenda.
Trump has faced numerous legal challenges during his presidency, with critics accusing him of defying the authority of the courts and flouting the law. One example is his administration's slow response to a Supreme Court order to facilitate the return of a man wrongly deported to El Salvador, which even Trump's Attorney General described as "not coming back to our country." Trump has also threatened to sue judges and called for the impeachment of those he disagrees with, fostering an environment of hostility towards the judiciary.
Despite these challenges, Trump has benefited from a Supreme Court that has steadily built up immunity for presidents. In one notable case, the Supreme Court ruled that Trump had immunity from prosecution in his efforts to overturn the 2020 election results, a decision that had no credible basis in the Constitution and paved the way for his reelection. This has led to accusations that the Supreme Court is putting Trump above the law and enabling authoritarianism.
Trump's exploitation of the law extends beyond his personal actions. His administration has also been accused of using the courts to push through its agenda, particularly on issues like immigration. The administration has questioned the legitimacy of federal district judges and attempted to narrow the ability of those affected by its policies to challenge violations of their constitutional rights. This has led to concerns about the rise of presidential impunity and the erosion of democratic values.
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Trump's exploitation of presidential immunity
In 2024, a US court ruled that Donald Trump did not have presidential immunity and could be prosecuted on charges of conspiring to overturn the 2020 election results. This ruling was made by a three-judge panel, including two Democratic appointees and one Republican appointee, who wrote:
> We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.
However, Trump has frequently exploited presidential immunity to his advantage. In 2025, Trump became the first president to receive criminal immunity from prosecution for his efforts to overturn the 2020 election results, based on a doctrine with no basis in the Constitution. This allowed him to force plaintiffs to endure years of litigation, with only a few succeeding.
Trump has also wielded lawsuits as a weapon, suing the Wall Street Journal over unflattering stories, while others are largely precluded from suing him. This dynamic has been described as "asymmetry in the extreme".
The rise of presidential impunity also predates Trump. After 9/11, the Bush administration committed war crimes with little pushback from the courts, and this trend continued under Obama. By the time Trump took office in 2016, the presidency had become overly powerful and unaccountable, and the Supreme Court has continued to affirm this trend.
Trump's administration has also attempted to limit the ability of those affected by his policies to challenge violations of their constitutional rights. During his second impeachment, his lawyers argued that he could be criminally prosecuted, but later claimed that prosecuting him was unconstitutional.
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Trump's violation of the Privacy Act of 1974
The Trump administration has been accused of violating the Privacy Act of 1974 by granting Elon Musk's DOGE access to sensitive information. This move drew a lawsuit from two major federal employee unions, with legal experts pointing to potential breaches of multiple federal statutes, including the Privacy Act of 1974.
The Privacy Act of 1974 requires federal agencies to inform the public about how they plan to use and protect personal data before collecting it, and they are not allowed to use the data beyond the stated purpose. The Act also requires written consent from individuals before sharing identifiable information.
The Trump administration's actions have raised concerns about the potential for government overreach and the vulnerability to cyberattacks, with privacy experts warning of dramatic implications if federal agencies are able to access and aggregate sensitive data held by states.
DOGE has sought and often received access to a wide range of personal information, including social security numbers, addresses, medical and tax histories, welfare benefits, bank accounts, immigration statuses, and federal employee databases. This has shattered norms and barriers around data handling, with critics arguing that it presents risks of government overreach and cyber defence issues.
The administration's data-sharing practices have been described as an unprecedented reach for data held by states, with more than a dozen lawsuits challenging DOGE's data access on privacy grounds. While some court rulings have temporarily blocked DOGE's access, the US Supreme Court has ultimately allowed DOGE unfettered access, causing states to carefully consider their responses to federal data requests.
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Trump's dismantling of independent agencies
In February 2025, Donald Trump signed an executive order to curtail the autonomy of independent regulatory agencies. The order requires independent agencies to submit proposed and final "significant regulatory actions" to the Office of Information and Regulatory Affairs (OIRA) for review before publishing them.
Trump's order also requires the OMB director to establish performance standards and management objectives for independent agency leaders and to adjust agencies' funding allocations to advance the president's priorities. This includes reviewing and adjusting independent agencies' use of funds to ensure consistency with the President's policies.
Trump has argued that these measures are necessary to restore constitutional governance and accountability to the entire executive branch. He claims that independent regulatory agencies have been permitted to promulgate significant regulations without review by the President, and that they spend American tax dollars and set priorities without consulting him.
However, critics argue that Trump's actions undermine regulatory agencies' accountability to the American people and prevent a unified and coherent execution of federal law. They also point out that independent agencies were created by Congress to have some degree of separation from the White House.
Trump has also fired more than 10 Democratic members of independent agencies, including the Federal Trade Commission, the Merit Systems Protection Board, and the National Labor Relations Board. The D.C. Circuit Court of Appeals ruled that Trump has the power to fire these members, finding that restrictions on the president's power to remove officers of the executive branch are unconstitutional.
The Trump administration has also gutted or targeted several key agencies and projects that provide vital aid across the country, including the Social Security Administration (SSA), the Department of Education, the U.S. Post Office (USPS), and the Consumer Financial Protection Bureau. These actions have been criticized for jeopardizing access to crucial programs and undermining civil rights protections for millions of Americans.
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Trump's undermining of the Constitution
Trump's undermining of the US Constitution has been a cause for concern for many legal experts, scholars, and politicians. From the first day of his presidency, Trump has been accused of violating the law and disregarding the Constitution.
One of the most notable examples of Trump's disregard for the Constitution is his attempt to revoke birthright citizenship for undocumented immigrants. This executive order overrides law, Supreme Court precedent, and the text of the Fourteenth Amendment. Trump's administration has also exhibited a pattern of invoking spurious emergencies to undermine the Constitution, particularly in the areas of immigration and trade policy. For instance, Trump has claimed that illegal migration and drug smuggling amount to an "invasion," which grants him emergency powers under the AEA. However, this interpretation goes against extensive evidence and the Constitution's definition of "invasion" as an "operation of war."
Trump has also been criticised for his abuse of executive power, such as firing members of independent boards like the NLRB and EEOC, even though they were appointed by Democratic presidents and had years left in their terms. Kate Andrias, a professor of constitutional law, called these firings "unprecedented and illegal." Additionally, Trump's administration has bullied law firms out of doing pro bono work, making it harder for those affected by his policies to challenge violations of their constitutional rights.
Trump has also benefited from and exploited presidential immunity, becoming the first president to receive criminal immunity from prosecution for his efforts to overturn the 2020 election. This has allowed him to sue media outlets like The Wall Street Journal while preventing others from suing him, creating an asymmetry in the legal system.
In conclusion, Trump's actions as president have been seen as a direct attack on the US Constitution, with some scholars warning that his lawlessness and abuse of power set a dangerous precedent for the nation.
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Frequently asked questions
Trump has benefited from and exploited the law like no other president in American history.
The Supreme Court's decisions to grant Trump immunity from criminal prosecution for acts relating to "core constitutional duties" has been criticised as a move towards authoritarianism and poses existential dangers.
Trump has attempted to dismantle independent agencies, granted private individuals access to sensitive government systems, and offered unprecedented federal employee buyouts. He has also pardoned violent criminals, illegally stolen funds, and fired career civil servants without cause.
The Supreme Court has been criticised for its political nature and for building up an extraordinary level of immunity for presidents, allowing Trump to exploit the law and use it as both a sword and a shield.
Trump's actions have made Americans feel less safe and have undermined the rule of law and the constitution, which is meant to protect the public interest.
