Few modern political figures have done more to prompt spontaneous national discussions about the Bill of Rights and constitutional limits on government power than Donald Trump—if only because he tramples on them so frequently.
Indeed, President Trump has become a walking civics lesson.
Consider some of the constitutional principles that Trump can be credited with bringing into the spotlight unintentionally during his time in office.
First Amendment (free speech, press, religion, protest, and assembly): Trump’s repeated confrontations with the First Amendment have transformed free expression into a battleground, making it impossible to ignore the protections it guarantees. From branding the press as “the enemy of the people” and threatening to revoke media licenses to blacklisting law firms, threatening universities with funding cuts for not complying with the government’s ideological agenda, and detaining foreign students for their political views, Trump has treated constitutional protections not as guarantees, but as obstacles.
Second Amendment (right to bear arms): Trump has shown an inconsistent and, at times, authoritarian approach to gun rights, summed up in his infamous 2018 statement: “Take the guns first, go through due process second.” At the same time, Trump has encouraged the militarization of domestic police forces, blurring the line between civilian law enforcement and standing armies—a contradiction that cuts against the very spirit of the amendment, which was rooted in distrust of centralized power and standing militaries.
Fourth Amendment (protection against unreasonable searches and seizures): Trump’s expansion of no-knock raids, endorsement of sweeping surveillance tactics, sanctioning of police brutality and greater immunity for police misconduct, and the use of masked, plainclothes federal agents to seize demonstrators off the streets have revived conversations about privacy, unlawful searches, and the right to be secure in one’s person and property.
Fifth & Fourteenth Amendments (due process and equal protection): Perhaps nowhere has Trump’s disregard been more dangerous than in his approach to due process and equal protection under the law. The Fifth and Fourteenth Amendments guarantee that neither citizens nor non-citizens can be deprived of liberty without fair procedures. Yet Trump’s Administration has repeatedly floated or enacted policies that sidestep due process, from the suggestion that he could suspend habeas corpus to the indefinite detention of individuals without trial, and openly questioned whether non-citizens deserve any constitutional protections at all.
Even the Sixth (right to a fair and speedy trial) and Eighth Amendments (protection against cruel and unusual punishment) have found new urgency: Trump has promoted indefinite pretrial detention for protesters and immigrants alike, while presiding over family separations, inhumane detention centers, and support for enhanced interrogation techniques. Trump has also doubled down on his administration’s commitment to carrying out more executions, including a push to impose the death penalty for crimes other than murder.
Tenth Amendment (states’ rights): The Tenth Amendment, which preserves state sovereignty against federal overreach, has been tested by Trump’s threats to defund sanctuary cities, override state public health measures, and interfere in local policing and elections. His efforts to federalize domestic law enforcement have exposed the limits of decentralized power in the face of executive ambition.
Fourteenth Amendment (birthright citizenship): No clause has been more aggressively misunderstood by Trump than the Citizenship Clause of the Fourteenth Amendment. His push to strip citizenship from children born on U.S. soil to immigrant parents (birthright citizenship) ignores over a century of legal precedent affirming that citizenship cannot be denied by executive whim.
Article I, Section 8 (commerce and tariffs): Trump’s use of tariff authority provides another example of executive power run amok. Although the Constitution assigns Congress the power to regulate commerce with foreign nations, Trump has imposed sweeping tariffs on allies and used them as political leverage. These actions not only undermine the constitutional balance between the branches but also weaponize trade policy for political ends.
Article I, Section 9 (Emoluments Clause): Trump’s disregard for the Emoluments Clause—a safeguard against presidential profiteering—brought this obscure constitutional provision back into the public eye. Between continuing to profit from his private businesses while in office and his reported willingness to accept extravagant gifts, including a $400 million luxury plane from the Qatari government, he has raised urgent ethical and legal concerns about self-dealing, corruption and backdoor arrangements by which foreign and domestic governments can funnel money into Trump’s personal coffers.
Article I, Section 9 (power of the purse): Trump has trampled on Congress’s exclusive power over federal spending, attempting to redirect funds by executive fiat rather than operating within Congress’s approved budgetary plan. He has also threatened to withhold federal aid from states, cities, and universities deemed insufficiently loyal.
Article II (executive powers): At the heart of Trump’s governance is a dangerous misreading of Article II, which vests executive power in the president, to justify executive overreach and the concept of an all-powerful unitary executive. He has repeatedly claimed “total authority” over state matters, wielded executive orders like royal decrees in order to bypass Congress, and sought to bend the Department of Justice to his personal and political will.
Historical Emergency Powers and Legal Precedents: Trump has also breathed new life into archaic emergency powers. He invoked the Alien Enemies Act to justify rounding up, detaining, and deporting undocumented immigrants without due process. He has also threatened to invoke the Insurrection Act to deploy troops domestically in order to deal with civil unrest, raising the specter of martial law cloaked in patriotic language.
In routinely violating the Constitution and crossing legal lines that were once unthinkable, Trump is forcing Americans to confront what the Constitution truly protects, and what it doesn’t.
Still, what good is a knowledgeable citizenry if their elected officials are woefully ignorant about the Constitution or willfully disregard their sworn duty to uphold and protect it?
For starters, anyone taking public office, from the president on down, should have a working knowledge of the Constitution and the Bill of Rights and should be held accountable for upholding their precepts. And if they violate their contractual obligations to uphold and defend the Constitution, vote them out—throw them out—or impeach them.
“We the people” have power, but we must use it or lose it.
Trump may have contributed to this revival in constitutional awareness, but as we warn in Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State, the challenge isn’t just knowing our rights—it’s defending them, before they’re gone for good.
The post Trump Is Making America Constitutionally Literate—By Violating the Constitution first appeared on Dissident Voice.
This content originally appeared on Dissident Voice and was authored by John W. Whitehead and Nisha Whitehead.