# Trump's violations of the Constitution **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [September 10, 2025, 6:10pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914 "2025-09-10T18:10:36Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![commasense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/commasense/32/3017_2.png) [@commasense](https://boards.straightdope.com/u/commasense)\ **Post date:** [September 10, 2025, 6:10pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/1 "2025-09-10T18:10:36Z")
My wife is planning a candlelight vigil for the U.S. Constitution on Sept. 17, Constitution Day, which will feature readings from the charter and other founding documents. We’re interested in developing a list of ways in which Trump has violated or directly threatened Constitutional precepts and traditions (including Amendments). For example, the emoluments clause by enriching himself during his tenure, taking what amount to bribes, etc.; encouraging the denial of due process; imposing tariffs without the consent of Congress (or abrogating the power of the purse); essentially declaring war on US cities and invading them; etc. Obviously, most of these will fall under Section II, on the Presidency, and the various Amendments. We do not need an exhaustive list (which would be too exhausting), just a good number of significant and egregious examples that, ideally, would be correlated to the relevant section of the Constitution. We have found [this article](https://www.peoplesworld.org/article/trumps-catalog-of-constitutional-crimes-long-and-getting-longer/) from _People’s World_, the Marxist-Leninist successor to the Daily Worker newspaper. It’s a starting point, but it only goes up to June 25. It would also be good to include positive news of attempts Trump has made that have been unsuccessful, to demonstrate that all is not lost (yet). Thanks. ---
**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\ **Post date:** [September 10, 2025, 7:27pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/2 "2025-09-10T19:27:34Z")
Well, a good starting point would probably be this recent thread: > [@Surprisingly, President Trump just violated the Constitution](https://boards.straightdope.com/t/surprisingly-president-trump-just-violated-the-constitution/1022517): > > In a shocking turn of events, President Trump signed an unconstitutional [executive order](https://www.whitehouse.gov/presidential-actions/2025/08/prosecuting-burning-of-the-american-flag/) making burning the American flag a crime. He said it incites rioting and as per Brandenburg v. Ohio that expression that leads to "imminent lawless action\* is not protected. Thing is, the Supreme Court specifically looked at that in Texas v. Johnson and said that flag burning does not meet that standard and therefore burning or desecrating the flag was protect. I, for one as I’m sure all of you are, am ap… ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [September 10, 2025, 7:31pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/3 "2025-09-10T19:31:18Z")
> [@commasense](#): > > For example, the emoluments clause by enriching himself during his tenure You realize Congress can approve emoluments right? > And no Person holding any Office of Profit or Trust under them, shall, **without the Consent of the Congress** , accept of any present, Emolument, Office, or Title, of any kind whatever, I have no doubt this Congress would give their approval if necessary. ---
**Author:** ![DesertDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/desertdog/32/11503_2.png) [@DesertDog](https://boards.straightdope.com/u/DesertDog)\ **Post date:** [September 10, 2025, 7:36pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/4 "2025-09-10T19:36:14Z")
But it hasn’t bothered to even do that, has it. Even the current SCOTUS has specifically said the President can do whatever he wants.\* \*Not applicable if there is a D after his name. ---
**Author:** ![SunUp](https://avatars.discourse-cdn.com/v4/letter/s/ea5d25/32.png) [@SunUp](https://boards.straightdope.com/u/SunUp)\ **Post date:** [September 10, 2025, 10:10pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/5 "2025-09-10T22:10:16Z")
> [@Saint\_Cad](#): > > I have no doubt this Congress would give their approval if necessary. I would fully endorse the Republican Congress, acting on party lines, giving Donald Trump an explicit approval to accept any emolument. It’d be 1930 all over again. But until they give that approval, he’s in violation. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [September 10, 2025, 10:11pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/6 "2025-09-10T22:11:45Z")
He’s violating the Constitution by being President, after committing insurrection. Which was also a violation of the Constitution. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [September 10, 2025, 11:31pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/7 "2025-09-10T23:31:21Z")
> [@SunUp](#): > > But until they give that approval, he’s in violation. Who has standing to enforce it? Wouldn’t it be enforced through impeachment? ---
**Author:** ![Spice\_Weasel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spice_weasel/32/5435_2.png) [@Spice\_Weasel](https://boards.straightdope.com/u/Spice_Weasel)\ **Post date:** [September 11, 2025, 11:46pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/8 "2025-09-11T23:46:20Z")
This is gonna be a long thread. I’d add denying people equal protection under the law by racially profiling immigrants. ---
**Author:** ![SunUp](https://avatars.discourse-cdn.com/v4/letter/s/ea5d25/32.png) [@SunUp](https://boards.straightdope.com/u/SunUp)\ **Post date:** [September 13, 2025, 4:35am UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/9 "2025-09-13T04:35:17Z")
> [@Saint\_Cad](#): > > Who has standing to enforce it? Good question. Perhaps Congress should introduce a bill to give any citizen standing to sue for a violation of the emoluments clause. > [@Saint\_Cad](#): > > Wouldn’t it be enforced through impeachment? It appears that’s the only way for Congress to enforce any law these days. It’s somewhat like “keeping order in a nursery with a loaded gun rather than a switch”, to quote Lieutenant Wong on a similar situation. ---
**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\ **Post date:** [September 13, 2025, 5:51am UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/10 "2025-09-13T05:51:28Z")
Lots of first amendment freed of speech violations: pressuring media companies to give him favorable press, deporting students who support Gaza, pressuring universities to do away with DEI policies, firing federal workers who don’t follow the party line etc. Also establishing religion in the form of his [presidential commission on religious liberty](https://www.politico.com/news/2025/05/01/trump-religious-commission-church-state-00321814) Then there is the violation of due process by deporting people without allowing them to defend themselves in court, and arresting them when the show up. Election law shall be up to the states not [executive order](https://www.democracydocket.com/news-alerts/trump-says-he-plans-to-issue-unconstitutional-order-requiring-voter-id-and-banning-mail-ballots/) The power of the purse should be in Congress’s hands not TACOS. 22nd amendment violations are TBD but [hinted at](https://www.nbcnews.com/politics/donald-trump/trump-third-term-white-house-methods-rcna198752) ---
**Author:** ![jlhtr](https://avatars.discourse-cdn.com/v4/letter/j/9fc29f/32.png) [@jlhtr](https://boards.straightdope.com/u/jlhtr)\ **Post date:** [September 16, 2025, 5:15pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/11 "2025-09-16T17:15:02Z")
Here are some links: > **[Trump’s catalog of constitutional crimes: Long and getting longer](https://www.peoplesworld.org/article/trumps-catalog-of-constitutional-crimes-long-and-getting-longer/)** > > WASHINGTON—Donald Trump just bombed Iran. That’s unconstitutional, Al Green notes. Green, the Democratic congressman from Houston, wants to impeach Trump for the bombing. > **[President Trump Actively Destroys the Rule of Law He Claims to Be Restoring](https://democrats-appropriations.house.gov/news/press-releases/president-trump-actively-destroys-rule-law-he-claims-be-restoring)** > > WASHINGTON — Today, President Trump will claim he is working hard to restore law and order in the United States, while he actively and blatantly violates the law, undermines the U.S. Constitution in countless ways, and attacks the men and women who... ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [September 16, 2025, 6:18pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/12 "2025-09-16T18:18:29Z")
Going through the Bill of Rights: **First Amendment** - Blocking fair access to the President from news agencies of all stripes. [Ref](https://www.aljazeera.com/news/2025/4/9/judge-orders-white-house-to-restore-media-access-to-us-news-agency) - Blocking critics on Social Media. [Ref](https://law.justia.com/cases/federal/appellate-courts/ca2/18-1691/18-1691-2019-07-09.html) - Tear Gassing protestors in order to secure a photo-op. [Ref](https://oig.justice.gov/sites/default/files/reports/24-085.pdf) **Second Amendment** - Bump stock ban. [Ref](https://www.scotusblog.com/2024/06/supreme-court-strikes-down-bump-stock-ban/) - General support for “Red Flag” laws. [Ref](https://www.npr.org/sections/health-shots/2019/08/06/748607679/lawmakers-push-for-red-flag-laws-to-take-guns-away-from-people-in-crisis) (Probably reasonable, but for anyone more hardcore pro-gun than me) **Third Amendment** - All good (as always) Not a Bill of Rights issue but there’s also this: > **[The Government’s Astonishing Constitutional Claims on TikTok](https://www.lawfaremedia.org/article/the-government-s-astonishing-constitutional-claims-on-tiktok)** > > The Justice Department is advancing a radical theory of presidential power, nullifying Congress’s foreign affairs powers whenever the president finds them inconvenient. I’ll follow up later with the 4th Amendment. ---
**Author:** ![commasense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/commasense/32/3017_2.png) [@commasense](https://boards.straightdope.com/u/commasense)\ **Post date:** [September 16, 2025, 9:08pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/13 "2025-09-16T21:08:36Z")
Thanks, all. We found this article, which my wife will use as the centerpiece of her talk. > **[America’s Grievances Against Its “King” on Constitution Day 2025](https://www.telos.news/p/americas-grievances-against-its-king?utm_medium=ios)** > > In July, to mark Independence Day, Telos News published J. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [September 16, 2025, 9:13pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/14 "2025-09-16T21:13:39Z")
> [@Sage\_Rat](#): > > **Third Amendment** > > - All good (as always) Are you sure this one is not in the future? All those National Guardsman need to be quartered somewhere. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 16, 2025, 9:19pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/15 "2025-09-16T21:19:03Z")
Not after the fact. ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [September 16, 2025, 9:25pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/16 "2025-09-16T21:25:57Z")
I’m trying to focus on demonstrable claims, not theoretical. I nixed the whole conversation of the [Religious Liberty Commission](https://baptistnews.com/article/heres-the-back-story-on-the-26-people-trump-named-to-religious-liberty-commission-advisory-boards/), for example, because they haven’t done anything in conflict with the Constitution yet. ---
**Author:** ![LoneRhino](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lonerhino/32/1311_2.png) [@LoneRhino](https://boards.straightdope.com/u/LoneRhino)\ **Post date:** [September 16, 2025, 11:32pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/17 "2025-09-16T23:32:46Z")
> [@Saint\_Cad](#): > > > [@Sage\_Rat](#): > > > > **Third Amendment** > > > > - All good (as always) > > Are you sure this one is not in the future? All those National Guardsman need to be quartered somewhere. They’ll be quartered in a Trump owned hotel charging exorbitant rates. ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [September 16, 2025, 11:51pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/18 "2025-09-16T23:51:18Z")
**Fourth Amendment** - The Trump administration has continued and defended in court such programs as [Section 702](https://www.lawfaremedia.org/article/a-look-at-the-pclob-report-on-section-702), the [Hemisphere Project](https://en.wikipedia.org/wiki/Hemisphere_Project), and [Upstream Collection](https://en.wikipedia.org/wiki/Upstream_collection). While the Trump administration doesn’t appear to be the originator of these efforts, and it’s likely that the Supreme Court would rule that they’re generally legal, Trump has made statements to the effect that these sorts of programs violate the 4th Amendment rights of people. [Ref](https://www.cato.org/commentary/trump-fisa-fact-check) Thus it’s quite questionable that he would turn around and support them, once they’re under his control. It strongly implies that he simply objects to the use of these powers _against him_, but he enjoys having what he views as unconstitutional, criminal powers over others and has no longer term view on what’s best for America after he leaves office (however that might be). - Likewise, we have Trump’s attempts to participate in the hacking of the DNC. While the Bill of Rights has no particular bearing on the activities of foreign governments, a strong defender of the Bill of Rights would recognize the danger of a Constitutional loophole like the idea of outsourcing hacking of Americans to foreign nations, and be wildly angry about any such thing - let alone try to take advantage of such a thing. [Ref](https://www.justsecurity.org/62369/roger-stone-indictment-campaign-finance-law-crimes/) - Trump has supported Stop-and-Frisk policies, historically. [Ref](https://scholarlycommons.law.emory.edu/cgi/viewcontent.cgi?article=1030&context=ecgar) (PDF) - The White House is currently accused of using racial profiling as probable cause. [Ref](https://www.aclusocal.org/sites/default/files/vasquez-perdomo-v-noem-tro-granting.pdf) ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [September 17, 2025, 8:41pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/19 "2025-09-17T20:41:26Z")
**Fifth Amendment** _Due Process_ I feel like it merits pointing out the basic purposes of the Due Process clause of the Fifth Amendment. On the one hand, it’s to ensure that people who go to jail are actually guilty and that a reasonable methodology was followed to guarantee that. But, the thing which makes it a component of the Bill of Rights is to prevent political targeting of select persons or groups. That is absolutely loathsome to the Constitution. In general, everyone should be prosecuted equally, based on the evidence and with good faith. - Family separations of people legally applying for asylum. [Ref](https://clearinghouse.net/case/16620/) - Threats to “Lock her Up” or otherwise target opponents for political reasons. Whether this was followed through with, or not, from a political standpoint this is inarguably worse than flag burning, so far as attacks on the core of America go. Leading people into cheers for it is reprehensible. [Ref](https://www.politico.com/news/2024/11/06/trump-retribution-enemy-list-00187725) - Targeted firing of Andrew McCabe. [Ref](https://cdn.cnn.com/cnn/2019/images/08/08/mccabe.v.doj.complaint.pdf) - Targeted firings of Inspector Generals over working with whistleblowers or otherwise acting to prevent criminal and unconstitutional activities. [Ref1](https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1083&context=jlpa) [Ref2](https://www.lawfaremedia.org/article/congressional-democrats-release-former-inspector-general-linick-deposition-transcript) [Ref3](https://clearinghouse.net/case/46107/) - Pardon of Roger Stone, for committing obstruction of justice, witness tampering, etc. [Ref1](https://www.justice.gov/usao-dc/pr/roger-stone-found-guilty-obstruction-false-statements-and-witness-tampering) [Ref2](https://www.justice.gov/pardon/page/file/1293796/dl) - Pardon of Paul Manafort for witness tampering. [Ref](https://www.justice.gov/pardon/pardons-granted-president-donald-j-trump-2017-2021) - Pardon of Michael Flynn for lying to the FBI. [Ref](https://www.justice.gov/pardon/pardons-granted-president-donald-j-trump-2017-2021) - Various other pardons for obstruction of justice, witness tampering, etc. [Ref](https://www.justice.gov/pardon/pardons-granted-president-donald-j-trump-2017-2021) - Due process violations against immigrants. [Ref1](https://cdn.factcheck.org/UploadedFiles/24a949_lkhn.pdf) [Ref2](https://reason.com/2025/09/12/immigration-agents-held-a-u-s-citizen-and-veteran-for-3-days-without-checking-his-id/) _Takings Clause_ - Attempts to condemn property, to take for the border wall. [Ref](https://www.courthousenews.com/condemnation-lawsuits-stand-between-trump-and-his-big-beautiful-wall/) - Private attempts to condemn property, to use eminent domain for personal profit. [Ref](https://www.cato.org/commentary/donald-trumps-eminent-domain-love-nearly-cost-widow-her-house) ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [September 18, 2025, 3:03pm UTC](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914/20 "2025-09-18T15:03:14Z")
> [@Sage\_Rat](#): > > **First Amendment** > > - Blocking fair access to the President from news agencies of all stripes. [Ref](https://www.aljazeera.com/news/2025/4/9/judge-orders-white-house-to-restore-media-access-to-us-news-agency) > - Blocking critics on Social Media. [Ref](https://law.justia.com/cases/federal/appellate-courts/ca2/18-1691/18-1691-2019-07-09.html) > - Tear Gassing protestors in order to secure a photo-op. [Ref](https://oig.justice.gov/sites/default/files/reports/24-085.pdf) - Pressuring media companies to drop comedians he does not like, by threatening them with blocking FCC approval for mergers [Next page](https://boards.straightdope.com/t/trumps-violations-of-the-constitution/1022914.md?page=2)