U.S. Constitution versus Donald Trump
When contemplating the writing of this article, I briefly considered giving it the following title:
“Mr. President, Read the &@!^* Constitution!”
To be sure, the notion that the aspiring president, now serving his second term, ought to read the Constitution didn’t originate with this commentator. Khizr Khan (seen in photo above), a naturalized U.S. citizen originally from Pakistan and the father of a soldier who died in Iraq, actually made that proposal as early as 2016, the year Donald Trump first sought the presidency. When addressing the Democratic National Convention, Mr. Khan took Trump to the task over his proposal to ban citizens of certain predominantly Muslim nations from entering the United States. He then went on to speak up on behalf of the highest law in the land:
“Donald Trump, you're asking Americans to trust you with their future. Let me ask you, have you even read the United States Constitution? I will gladly lend you my copy. In this document, look for the words ‘liberty’ and ‘equal protection of law.’’"
Alas, evidence strongly suggests that President Trump has yet to take Mr. Khan up on his offer. Indeed, the list of Trump’s constitutional violations grows by the day -- so rapidly that one struggles to keep up . Nonetheless, the below list represents a modest attempt in that regard:
1. In January 2021, Trump incited a mob to storm the Capitol and prevent the certification of the 2020 election results. Moreover, he put pressure on then-Vice President Mike Pence to block the certification – something Pence did not have the legal authority to do. The Constitution clearly states, “The President of the Senate (i.e., the Vice President) shall … open all the Certificates, and the Votes shall then be counted.” (Article II, Section 1)
2. In January 2025, Trump signed an executive order, the so-called “Protecting the Meaning of and Value of American Citizenship,” which, if implemented, would put an end to birthright citizenship, guaranteed by the Fourteenth Amendment since 1868. Those born in the U.S. could be denied citizenship if one or both of their immigrant parents is undocumented.
3. Also in January 2025, Trump hired an unelected businessman to enter the U.S. Treasury Department building, dismantle agencies at will, and cut off government program funding even when it had been approved by Congress – this despite the fact that the Constitution grants spending decision-making power to Congress, not to one of the President’s special hires. (Article I, Section 8)
4. He has barred the Associated Press and other news agencies from White House briefings and allowed in only those media willing to give him favorable coverage. Furthermore, he has waged lawsuits against newspapers and broadcasters whose coverage of him he finds offensive – thereby chipping away at freedom of the press. (First Amendment)
5. He has threatened to deport a foreign student (Mahmoud Khalil) simply for statements made during protest demonstrations, thereby violating his right to freedom of speech. The deportation has been temporarily halted, but Mr. Khalil’s legal residency has been revoked. (Again, the First Amendment)
6. In mid-March he deported over 200 Venezuelan nationals he claimed belonged to the gang Tren de Aragua. They received no due process as, against court orders, they were flown to a prison in El Salvador. The lack of due process is a clear violation of the Fifth Amendment.
7. In the case of Mr. Khalil, arrested on March 10 and still in detention as of this date, and the above-mentioned Venezuelans now in a Salvadoran prison, no formal charges were ever brought. The federal government has violated the principle of habeas corpus, designed to protect persons against unlawful and indefinite imprisonment. (Article I, Section 9)
Note: Since the above-cited developments took place, the list of immigrants rounded up, hauled off to detention centers, and threatened with deportation has only grown. To date, these unfortunate individuals include op ed author Rumeysa Ozturk, a Turkish national who wrote calling for Tufts University to divest from Israel. They also include Kilmar Abrego Garcia, originally from El Salvador. Abrego Garcia was wrongfully deported to that country despite receiving legal status in the U.S. in 2019, and despite a judge’s ruling that same year that he could not be deported back to El Salvador due to danger he would face if he returned.
8. Trump has attempted to tie federal funding for states to the latters’ willingness to help carry out federal immigration policy. This is not a constitutional action; it’s economic blackmail. States’ powers are covered in the Tenth Amendment, which does not grant the U.S. President the right to make states’ decisions for them.
9. On March 25, Trump signed an executive order aimed at overhauling U.S. elections. Among other things, the changes would include requiring proof of citizenship from all persons registering to vote. According to the Constitution, it is Congress and individual states, not the President, who have the authority to regulate federal elections. (Article I, Section 4, Clause 1)
10. Trump has been talking about running for a third term, despite the fact that the Twenty-Second Amendment limits a president to two terms.
The Alien Enemies Act of 1798, which Trump has cited to justify the deportation of noncitizens without the bother of going through the court system, has been invoked only rarely, and then only in wartime – once in the War of 1812 and then during each of the world wars. What war is taking place now? The only war that could possibly have any bearing on Trump’s recent actions against immigrants, civil servants, the press, independent-minded states, etc. is his war against the U.S. Constitution. For immigrants’ sakes – indeed, for all our sakes -- that is one war we cannot afford to let Trump win.
What can we do? We can speak up! On Saturday, April 5, demonstrations will be taking place around the country as people unite to tell the Trump-Musk team hands off our social security, health care, education and democracy.
To learn about demonstrations taking place nationally, see:
https://pdamerica.org/join-a-hands-off-mobilization-event-near-you-rsvp-now/
For information about the demonstration scheduled to take place in Tucson, Arizona, see:
https://www.mobilize.us/handsoff/event/767565/
Now is the time for all of us citizens to stand up for our Constitution and our democracy.
Update: Since the posting of this article, hands off rallies have taken place around the country. For brief film coverage of the rally that took place in Tucson, Arizona, see
Sources
U.S. Constitution analysis and interpretation. (https://constitution.congress.gov/browse/)
“Donald Trump, you're asking Americans to trust you with their future…." (Khizr Khan, originally from Pakistan and the father of a soldier who died in the Iraq War, at 2016 Democratic National Convention.)
For background on Khizr Khan, see https://en.wikipedia.org/wiki/Khizr_and_Ghazala_Khan.
For full text of his speech, see https://abcnews.go.com/Politics/full-text-khizr-khans-speech-2016-democratic-national/story?id=41043609.
In 1898, the Supreme Court, in United States v. Wong Kim Ark, ruled that those born in the U.S. were citizens regardless of their parents’ immigration status. (https://www.americanimmigrationcouncil.org/topics/birthright-citizenship)
History of Alien Enemies Act of 1798.
(Riccardi, Nicholas and Will Weissert. “Trump Invokes Law from 1798.” In Arizona Daily Star, Mar. 16, 2025; Sullivan, Tim and Elliot Spagat. “A Closer Look at 1798 Alien Enemies Act Invoked by Trump. In Arizona Daily Star, Mar. 19, 2025.)
Federal aid to states versus economic pressure: a 10th Amendment issue.
For details concerning a relevant California case, see https://kymkemp.com/2025/01/22/the-president-cannot-bully-california-into-carrying-out-his-mass-deportation-agenda-for-him-says-attorney-general/
Trump’s executive order concerning U.S. elections.
“Let’s talk about [Trump’s] requirement [for voters]. The only realistic proof of citizenship under this order is a passport. But over 146 million American citizens — nearly half the country — don’t have one. Why? Because passports are expensive and complicated to get, and most people don’t need one unless they travel internationally. That includes millions of working-class Americans, rural voters, seniors, and low-income families. In some states, like West Virginia, 80% of citizens don’t have a passport. This policy would amount to a modern-day poll tax — something the Voting Rights Act of 1965 outlawed.”
Garcia, Laurie Woodward. “When Leaders Lack Integrity and Trust, Democracy Dies in the Dark.” Mar. 29, 2025.
The Elections Clause of the Constitution.
(https://constitution.findlaw.com/article1/annotation18.html)
“Yesterday, President Trump said, ‘I’m not joking’ about trying to serve a third term, telling NBC news via telephone ‘there are methods which you could do it.’ When NBC’s Kristen Welker asked Trump if one potential avenue to a third term was having Vice President J.D. Vance run for the top job and ‘then pass the baton to you,’ the president said, ‘Well, that’s one. But there are others too.’ He didn’t elaborate about what those methods might be.
“The Twenty-Second Amendment says ‘No person shall be elected to the office of the President more than twice.’”
(Free Press, Mar. 31, 2025.)
More on Trump floating idea of third term. (https://www.cbsnews.com/news/22nd-amendment-trump-third-term/)