Thread by @TheMaineWonk

🚨 Has Donald Trump circumvented the Constitution in 2025?

Here’s a thread of specific actions critics say challenge constitutional limits, with details and legal context.

Each is under scrutiny—let’s dive in.

🧵

Ending Birthright Citizenship:

Trump’s Jan 2025 EO aimed to end birthright citizenship, defying the 14th Amendment’s clear text. Critics say it’s unconstitutional; courts blocked it. Supporters claim a narrow interpretation, but legal precedent disagrees. #14thAmendment

Firing Inspectors General:

Trump sacked 18 IGs without the required 30-day notice to Congress, violating the Inspector General Act. This undermines Article I oversight, critics argue. Defenders cite executive power, but statutory rules hold.

#SeparationOfPowers

Freezing Federal Spending:

Trillions in congressionally approved funds were frozen, echoing Trump’s illegal 2020 wall funding move. Courts ordered funds released, but defiance persists. Violates Article I’s power of the purse, scholars say.
#ConstitutionalCrisis

Dismissing Agency Board Members:

Trump fired NLRB & EEOC members with fixed terms, ignoring Senate-confirmed protections. Critics: This violates Article I and precedent like Humphrey’s Executor. Admin claims removal power, but courts may disagree. #IndependentAgencies

Deportations via Alien Enemies Act:

Using a 1798 wartime law, Trump deported 200+ Venezuelans without hearings, defying 14th Amendment due process. Judges questioned legality, but flights continued. A stretch of Article II power? #DueProcess

Shutting Down Agencies:

EOs dismantled the Dept of Education & USAID, bypassing Congress. Critics: Violates Article I’s authority to create agencies. Admin claims reorganization power, but courts are skeptical. #CongressionalPower

Third Term Threats:

Trump’s talk of a 3rd term (e.g., via Vance resigning) defies the 22nd Amendment’s 2-term limit. No concrete steps yet, but rhetoric alarms scholars. Supporters call it a joke, but constitutional norms are at stake.

#22ndAmendment

Bypassing Senate Confirmation:

Trump pushed recess appointments to skip Senate votes for cabinet picks, challenging Article II’s “advice and consent.” Not widely used yet, but courts could strike it down if systemic.

#SenateRole

Defying Court Orders:

From funding freezes to deportations, Trump’s admin ignored judicial rulings, undermining Article III’s authority. Scholars warn of a constitutional crisis; admin claims judicial overreach.

#RuleOfLaw

Overreaching Executive Orders:

EOs on drilling, timber, and targeting a law firm stretch Article II, bypassing Congress’s Article I powers. Lawsuits pile up; courts may rule them illegal. Admin defends as statutory discretion.

#ExecutivePower