Has Trump attempted actions that, if enacted, would have definitely violated the Constitution?

Checked on January 13, 2026
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Executive summary

Yes — multiple reputable legal observers, courts, and oversight reports document that President Trump has attempted specific actions that courts and constitutional scholars concluded would violate the Constitution if fully implemented, including an order to end birthright citizenship, a unilateral pause on federal spending, and politically targeted cancellations of federal grants that a judge found ran afoul of equal-protection principles [1] [2] [3] [4] [5].

1. The most clear‑cut example: the attempted end of birthright citizenship

An executive order purporting to end birthright citizenship for children born to non‑citizens was widely characterized by legal experts and blocked by a federal judge as “blatantly unconstitutional,” because it would have directly contradicted the 14th Amendment’s Citizenship Clause; civil‑rights groups swiftly sued and courts enjoined significant portions of the order [2] [1] [5].

2. Pausing federal spending: a frontal challenge to Congress’s power of the purse

Reports from constitutional advocacy groups and Congressional Democrats document a presidential pause on federal spending that critics say violates the Constitution’s allocation of appropriations to Congress; scholars and oversight reports argue such unilateral funding freezes attempt to usurp Congress’s exclusive power to spend and have prompted widespread litigation and political pushback [5] [6].

3. Courts have already ruled some actions unconstitutional in practice

Federal judges have not only enjoined policies but issued rulings finding constitutional violations — for example, a federal court concluded the administration’s cancellation of roughly $8 billion in energy grants targeted projects in states whose electorates opposed the president and therefore violated equal‑protection principles under the Fifth Amendment, a conclusion echoed in advocacy filings and media reporting [3] [4].

4. Broader patterns: misuse of military and administrative reprogramming

Legal scholars and civil‑liberties groups contend Trump has pursued moves amounting to misuse of the military for domestic political purposes and illegal reprogramming of federal funds to advance policy goals — actions framed as attacks on separation of powers, the Posse Comitatus norm against domestic military policing, and statutory constraints on executive reallocation of appropriations [7] [8] [9].

5. Political retaliation and systemic overreach as constitutional threats

Senate and House reports document widespread lawsuits (hundreds filed) and allege a pattern of seizing congressional authorities, defying court orders, and retaliating against critics; these reports argue the cumulative effect is an assault on structural constitutional checks — a claim supported by Democrats on oversight committees and constitutional accountability centers, while courts remain the front line deciding specific legal questions [10] [5].

6. Counterpoints, limits of the record, and what courts have actually decided

The White House has defended many actions as within executive authority and issued memoranda withdrawing or reinterpreting international commitments and administrative priorities [11], and some legal questions remain contested: while several policies were blocked or narrowed by courts, the ultimate constitutional ruling on every contested action is not reflected uniformly in the sources provided; reporting shows judges have struck down or enjoined specific moves (grant cancellations, birthright order) but other alleged violations remain the subject of ongoing litigation and political reports rather than final jurisprudence [3] [4] [1] [2].

Want to dive deeper?
What federal court decisions have definitively ruled on the constitutionality of Trump’s executive actions since 2025?
How does the Constitution limit the president’s authority to reprogram or pause congressionally appropriated funds?
What are the legal standards for when a president may lawfully use the military in domestic operations, and how have courts applied Posse Comitatus recently?