Presidents cannot invent powers or ignore the Constitution
Trump's executive orders claim powers that do not exist, even attempting to unilaterally amend the Constitution and strip Americans of basic rights.
Three days ago, on Monday, January 20, 2025, Donald Trump claimed for himself an authority that exists nowhere in law—the power to unilaterally void specific rights clearly and explicitly guaranteed by the Constitution.
The executive order in which Trump purports to void the right to citizenship for some Americans directly contravenes Section 1 of the 14th Amendment and illegally orders federal agencies to strip such people of all rights enjoyed by citizens. This sets a precedent that any right, of any person, can be summarily erased by a president, based solely on his or her whim or preference.
More than 20 states and numerous organizations are now fighting back against this illegal action. One suit, led by the State of New Jersey, calls for an immediate injunction and notes the language of the 14th Amendment is not only decisive; it specifically bars those having jurisdiction, the authority of public office, from questioning or denying the citizenship of a person born in the US.
Remember: In the American system of self-government, rights need not be written into law to exist and enjoy protection (the Ninth Amendment specifically makes this a Constitutional guarantee), but powers must be clearly outlined in laws that abide by the letter and spirit of the Constitution. Powers cannot be invented out of thin air, and presidents cannot overrule the Constitution.

Since Trump claimed this nonexistent authoritarian power to selectively strip Americans of their rights, he has:
Ordered federal agencies to not only end, but ban any work fostering diversity, equity, and inclusion, or access for people with disabilities, and ordered directors send menacing threats to staff demanding they report on anyone known to be harboring such “ideologies” or face “adverse consequences”;
Rescinded the Executive Order in which President Johnson, as part of the landmark 1960s breakthroughs on civil rights, ordered an end to discrimination in the federal workplace;
Ordered the Department of Justice to cease all civil rights cases until further notice, including ongoing cases with deadlines set by judges, pending a possible determination that the Department will be permanently barred from defending the civil rights of Americans;
Declared a fake “energy emergency”, so he can use emergency powers to force the delivery of funds, lands, and other resources to friends in the oil and gas, mining, construction, and technology sectors;
Contravened the logic of that “energy emergency” by attempting to end all federal investment in wind energy;
Ordered the Department of Justice to inform state and local officials that they may face prosecution if they do not participate in Trump’s planned paramilitary roundup of people suspected of not having proper immigration status—a process expected to include raids of churches and schools, which have not been authorized by any judicial warrant;
Frozen federal government action to lower the cost of prescription drugs and ordered the removal of subsidies that allow states to provide healthcare coverage to more than 20 million additional, highly vulnerable Americans, including children of low-income families—actions that directly violate federal law;
Ordered a freeze on distribution of all foreign development assistance, including for food and medical aid on which tens of millions of people around the world, and dozens of nations, depend;
Demanded an apology from an Episcopal bishop who asked him to have mercy on vulnerable Americans, as if mercy were indecent and cruelty were a right.
Trump’s recklessness is putting the country at risk in material ways, and undermining his own ability to negotiate anything the country needs or cares about.
For instance:
His sanctions on the International Criminal Court will likely create real practical, geopolitical, and personal problems for Trump and for the country, putting at risk the global commitment to the rule of law, which will have far-reaching ripple effects that will damage US interests in countless ways.
His order to immediately cease all public communication from health agencies and block travel and meetings will halt research, slow discovery of emerging threats and obstruct responses to public health threats large and small.
His attempt to withdraw the United States from the World Health Organization will reduce both national and global pandemic preparedness and subject Americans and people around the world to increased risk of destabilizing health threats.
His withdrawal from the Paris Agreement reduces the likelihood of timely, effective action to slow climate disruption, which will mean ever-increasing costs across all areas of American life.
Trump is hollowing out the National Security Council by dismissing 160 non-political career experts. This reduced national security capability comes at a time when the US is facing a complex global matrix of worsening threats.
Law enforcement groups that supported Trump’s candidacy have denounced his pardoning of paramilitary operatives that assaulted and murdered police during the Capitol attack, warning the release of such violent offenders “sends a dangerous message that the consequences for attacking law enforcement are not severe, potentially emboldening others to commit similar acts of violence.”
Every American, whether they voted for Trump or not, even if they still believe he cares about the country’s security and wellbeing, should be alarmed by this series of abuses and by the precedent they set.
What would stop a future president from using Trump’s example to unilaterally void the right to bear arms, annul the Fourth Amendment, outlaw some forms of speech or seize and reallocate funds without approval from Congress?
What would stop a future president from declaring a climate emergency and summarily ending oil and gas leases, just because the overall national response has been too slow, and climate costs are breaking the budget?
If Trump can use federal agents to intimidate law enforcement and arrest people without warrants, what is to stop a future president from enacting warrantless raids of every business suspected of hiding information from the IRS?
Trump voters did not vote for dictatorship; they voted for someone they believed would uphold and defend their rights. If you have such faith in American law and government that you believe unconstitutional abuses will not be upheld or allowed, then reach out to those who represent you and ask them to support legislative and judicial action to block these abuses.
UPDATE
On Thursday, January 23, 2025, a federal judge temporarily blocked President Trump’s executive order purporting to amend or reinterpret Section 1 of the 14th Amendment. Judge John Coughenour, who was appointed to the federal bench by former President Ronald Reagan, described the order as “blatantly unconstitutional” and questioned how any person licensed to practice law in the United States could claim it was lawful.
The suit is one of five filed so far challenging the executive order. The immediate restraining order blocking implementation of the executive order was necessary, according to states and the judge, because the unconstitutional order would lead to implementation actions by federal agencies that would directly harm people targeted by the order and states that have a legal duty to serve them.