When Trump was asked if he was required to uphold the Constitution, he replied, “I don’t know” (Meet the Press interview, NBC, May 4, 2025). So much for his oath of office.
That answer still stuns. It’s one more example of Trump’s refusal to concede that anything, even the Constitution, takes precedence over his commands, demands and temper tantrums.
Trump believes he is the ultimate arbiter, not the Constitution. So how has he shown disdain for our most precious document? Let us count the ways…
•The First Amendment includes freedom to practice religion of choice, freedom of speech, freedom of the press, and the right of people to peaceably assemble and petition the government for a redress of grievances. Trump’s administration has ignored these. He established a White House Faith Office, led by Christian evangelist Paula White-Cain and named her as a “special government employee,” thus erasing the line separating church and state. Further, Trump appointed AG Pam Bondi to head his task force to “eradicate Anti-Christian bias.” The so-called Religious Liberty Commission, another Christian based organization supported by Trump, is behind legislation proposing prayer and the posting of the Ten Commandment in public school classrooms (msn.com/en-us/trump’s religious agenda).
The Center for American Progress and The Free Speech Center, as well as multiple news organizations and journalists, have documented freedom of speech and freedom of the press are under attack. People who have practiced both have been whisked off the streets for writing articles and protesting administration policies. Private universities have been threatened with the lost of federal funding for allowing protests against government actions. Academic freedom in under attack. Law firms, whose practice includes clients or attorneys involved in law suits against the administration, were threatened with removal of security clearances, termination of government contracts, even limiting those employees from entering government buildings, and in some cases, banning interaction with federal employees.
• The Fourth Amendment addresses the right of the people to be secure from search and seizure without warrant. Trump’s immigration czar, Tom Homan, when questioned by Fox and Friends, said detaining individuals for illegal immigration was based on “observation, occupation, physical appearance, and language.” If someone ‘doesn’t look or sound American,’ that’s enough to detain them. ICE agents commonly don’t identify themselves, are masked, armed and don’t provide identification. Those detained or deported are routinely denied legal representation. These are actions of a dictator and tyrant.
• The Fifth Amendment states no person shall “be deprived of life, liberty or property without due process of law.” The inhumane actions of ICE have done just that to people they suspect of entering the country illegally. They have raided schools, hospitals, churches, work places, homes, even a youth baseball practice, to round up and deport individuals without due process (ABC News, New Republic, MSNBC, The Hill).
• The Eighth Amendment prohibits cruel and unusual punishment. Prisoners have complained of inhumane treatment in detention centers here and at prisons in other countries, but Congress members have been denied full access to many of these facilities. Denial of legal help, removal to a third country, detention of children, and the removal of immigrants receiving life-saving medical care, likely qualify as cruel and unusual punishment. But that’s the point, after all.
• The Fourteenth Amendment states all persons born or naturalized in the United States and subject to its jurisdiction, are citizens of the United States. But the day Trump was inaugurated, he banned birthright citizenship for certain groups of people. So far, the courts aren’t buying it. Trump has also threatened to take away citizenship from some who publically criticize him…seems he’ll say anything to deflect from the current scandal.
• Article 1, Section 8, Clause 1 grants Congress the power to set and collect duties and excises, including tariffs. Tariffs authorized by Trump are, by definition, illegal. One of many examples of Congress giving up their constitutional role, and acquiescing to Trump’s threats. But that doesn’t alter the Constitution.
• Article 1, Section 9, Clause 8 and Article 11, Section 1, Clause 7 are the foreign and domestic Emolument Clauses. They prohibit federal office holders from accepting gifts from any foreign or domestic entity during their time in office. Both Articles are designed to preserve and protect independence of office holders from being influenced by foreign or domestic entities. Current examples of both, according to Citizens for Responsibility and Ethics in Washington, include the 4 million dollar plane from Qatar, the Executive Order realigning foreign aid which presents multiple opportunities for conflicts of interest, the LIV golf tournaments played on Trump courses, and Saudi and other foreign money flowing to Trump. Then there’s the “businesses” including Trump watches, Trump guitars, Trump sneakers, Trump cryptocurrency, Trump Bibles (autographed), and Trump cell phones. Next he’ll be selling autographed copies his birthday card to Epstein.
Congress isn’t doing its job. Republicans are threatened with being primaried if they publicly disagree with Trump. He saves his accusation of ‘treason’ for his worst enemy. He should look in the mirror.
We’re losing our democracy.
Obeying the Constitution is not supposed to be an option, but as long as Trump continues defying it without consequence, as long as he isn’t stopped by the other two branches of government, we will lose it all. Not that we might lose it all. We will.
Marsha Shearer is a resident of The Villages and the author of “America in Crisis: Essays on the Failed Presidency of Donald J. Trump.”