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Jump to:  2016;  2017;   2018;   2019;  2020; 

-- 2016 --
July 13:
Donald Trump: A One-Man Constitutional Crisis

The Republican President-elect's statements and policy proposals would blatantly violate the inalienable rights guaranteed by the Constitution.
https://www.aclu.org/issues/executive-branch/donald-trump-one-man-constitutional-crisis

July 28: Khan to Trump: 'Have you even read the U.S. Constitution?'

Khizr Khan, father of one of 14 American Muslims who died serving the United States, speaks at the Democratic National Convention in Philadelphia, Pennsylvania.
https://www.cnbc.com/video/2016/07/28/khan-to-trump-have-you-even-read-the-u-s-constitution.html

-- 2017 --
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January 31: Critics debate 5 ways President Trump may have violated the Constitution

The areas of concern span multiple sections of the Constitution, and the most attention recently focused on Trump's immigration order.
https://www.bostonglobe.com/news/politics/2017/01/31/critics-debate-five-ways-president-trump-may-have-violated-constitution/lROExwrjgyRDT6Qu9dm6jN/story.html


March 16:

Trump Thinks the Constitution 'Makes Us Look Weak'

Trump reacted to rulings against his revised travel ban by making the kind of argument strongman leaders often make ...
Trump said the latest ruling against his travel ban "makes us look weak."

There are two big problems with Trump's theory. First of all, a later statute says he may not discriminate on the basis of national origin in granting visas. But more importantly, the Constitution supercedes a statute. Congress has given the executive extremely broad powers in the immigration context, but it couldn't give him the power to decide one religion is dangerous and discriminate against its members in violation of the Constitution, even if it wanted to.
https://www.rollingstone.com/politics/features/trump-thinks-the-constitution-makes-us-look-weak-w472544


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June 5: Trump’s attack on the Constitution that nobody likes to talk about

It’s been a rough few months for the “enemy of the American people.”

Journalists have been arrested for asking questions, pinned against a wall, arrested while covering protests, body-slammed, and even had government officials joke about shooting them.

For a long time, this kind of blatant disregard for the freedom of the press—a profession explicitly protected by the United States Constitution—would have been abhorrent to most Americans. But as President Donald Trump has ramped up his rhetoric against the press on a near-daily basis, press freedom experts are openly wondering whether this hostility is becoming normalized and, with it, one of the Constitution’s greatest protections swept under the rug in favor of anti-First Amendment resentment.
https://www.dailydot.com/layer8/anti-press-normalizing-trump/


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June 29: The Constitution vs. Trump

How President Trump's opponents believe the US Constitution may prove the most effective barrier against his policies.

Like every American president before him, Donald Trump has sworn "to preserve, protect and defend the Constitution of the United States".

But his opponents say he's been doing almost the exact opposite since he came to power.

Their hope is that by making it clear (be it through legal challenge, protest or the ballot box) that President Trump is indifferent to the responsibilities of his office and routinely flouts the various amendments enshrined in the Bill of Rights, they can use the constitution against him and bring his term in the White House to an early close.
https://www.aljazeera.com/programmes/peopleandpower/2017/06/constitution-trump-170628122318620.html


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July 4: How Trump is threatening the Constitution

As Trump's political rhetoric turns into policy, our fundamental American values are being put to their greatest test.
https://www.houstonchronicle.com/local/gray-matters/article/How-Trump-is-threatening-the-Constitution-11264030.php

August 6: Trump bound by Constitution to execute health care law
https://www.detroitnews.com/story/news/politics/2017/08/06/trump-health-care/104362272/

August 24: What is the 25th Amendment of the US Constitution and can it be used to remove Donald Trump from office?

[In part]:"Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.”


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In practice what that means is Mike Pence plus 13 of Mr Trump’s 24 cabinet members would have to agree.
https://www.telegraph.co.uk/news/2017/08/24/25th-amendment-us-constitution-can-used-remove-donald-trump/

September 15: President Donald J. Trump Proclaims September 17, 2017, as Constitution Day and Citizenship Day, and September 17, 2017, through September 23, 2017, as Constitution Week
https://www.whitehouse.gov/presidential-actions/president-donald-j-trump-proclaims-september-17-2017-constitution-day-citizenship-day-september-17-2017-september-23-2017-constitution-week/

October 13: Trump declares war on the Constitution
http://www.chicagotribune.com/news/opinion/chapman/ct-perspec-chapman-trump-constitution-war-20171013-story.html


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December 22: A federal judge dismissed a lawsuit Thursday alleging that President Donald Trump violated the Constitution’s emoluments clause because his hotels and restaurants do business with foreign governments while he is in office.

The plaintiffs argued that because Trump properties rent out hotel rooms and meeting spaces to other governments, the president was violating a constitutional provision that bans the acceptance of foreign emoluments, or gifts from foreign powers.

But Judge George Daniels of the Southern District of New York ruled that the plaintiffs, led by the government watchdog group Citizens for Responsibility and Ethics in Washington (CREW), lacked standing to bring such a case, saying it was up to Congress to prevent the president from accepting emoluments.
https://www.denverpost.com/2017/12/22/trump-constitution-violation-lawsuit-dismissed/

-- 2018 --
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January 9: 2017: The Constitution, Federal Courts and President Trump

2017 was a tumultuous, stressful and painful year for the many Americans who believe we are all created equal and that we possess natural and constitutional rights that include freedom, justice, liberty, equality, fairness and opportunity.
https://www.law.com/newyorklawjournal/sites/newyorklawjournal/2018/01/09/2017-the-constitution-federal-courts-and-president-trump/

January 26: In the year since President Trump’s inauguration on January 20, 2017, a myriad of constitutional issues has so far arisen during his term. This has led some legal journalists like the New York Times’s Adam Liptak to note that “President Trump is transforming the study of constitutional law.”

The National Constitution Center has closely tracked these constitutional controversies, and offered nonpartisan analysis and commentary as well as nonpartisan educational resources about them.
https://constitutioncenter.org/blog/trump-and-the-constitution-a-year-in-review-and-our-coverage


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February 16: Trump 'Muslim ban' violates US Constitution: Court
http://www.middleeasteye.net/news/trump-muslim-ban-violates-us-constitution-court-313908039

March 20: Progressive group launches anti-Trump 'We the Constitution' campaign

A progressive group that says it wants to expose misconduct by President Trump and his Cabinet is taking on the president through his favorite form of communication: Twitter.

The Shadow Cabinet, a group of 21 scholars, activists and former officials, announced Tuesday morning that it’s launching “We the Constitution." 

The campaign asks citizens to sign an online copy of the Constitution. Doing so sends an automated message to Trump on Twitter and Facebook telling him to stop violating the law.
http://thehill.com/regulation/court-battles/379246-progressive-group-launches-anti-trump-we-the-constitution-campaign


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March 23: In Trump emoluments case, questions of ethics and constitutional intent

Lawsuits have been filed in federal court in New York, Maryland, and the District of Columbia seeking a declaration that President Trump is violating the US Constitution because his hotels and other companies continue to do business with foreign governments and foreign officials.
https://www.csmonitor.com/USA/Politics/2018/0323/In-Trump-emoluments-case-questions-of-ethics-and-constitutional-intent

March 25: The Constitution won't let Trump put drug dealers to death
http://www.baltimoresun.com/news/opinion/oped/la-ol-le-trump-drug-dealers-death-penalty-20180325-story.html

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March 28: Judge says lawsuit accusing Trump of violating Constitution can proceed

A federal judge refused Wednesday to dismiss a lawsuit alleging President Donald Trump is violating the Constitution because his businesses are benefiting from his presidency, the first ruling to find that a litigant can sue the president on the issue.

The ruling by U.S. District Judge Peter Messitte found the state of Maryland and the District of Columbia had standing to bring claims against Trump, who hasn’t divested his business holdings. The plaintiffs allege Trump is violating constitutional clauses that prohibit the president from receiving emoluments — things of value — from foreign or state governments.
https://www.marketwatch.com/story/judge-says-lawsuit-accusing-trump-of-violating-constitution-can-proceed-2018-03-28

April 16: The constitutional showdown over President Donald Trump’s travel ban


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A federal district court in Hawaii held that the travel proclamation violated the Immigration and Nationality Act and barred its enforcement, except with respect to North Korea and Venezuela.
https://www.pbs.org/newshour/nation/analysis-the-constitutional-showdown-over-president-donald-trumps-travel-ban

May 1: Trump Trashes the Constitution. So Where Are the Lawyers?

Bar associations condemned Nixon during Watergate. Why are those organizations silent today?

When the history of Donald Trump’s presidency is written, and the historians ask, “Where were the lawyers?” the answer must not be, “silent.” They were not silent during Watergate and they must not be silent now.

As during Watergate, we once again have a president who issues self-serving professions of innocence, while, like President Nixon, he seeks simultaneously to frustrate and undermine the governmental entities charged with investigating his wrongdoing and that of his cohorts. In so doing Trump has unabashedly employed the power and influence of his office to attempt to discredit his own Justice Department and the FBI to his own advantage.
http://prospect.org/article/trump-trashes-constitution-so-where-are-lawyers


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May 12: Congress Must Be A Check On Trump To Avoid A Constitutional Crisis
https://fivethirtyeight.com/features/congress-must-be-a-check-on-trump-to-avoid-a-constitutional-crisis/

May 21:
The American Republic Is Fighting for Its Life

Trump has set in motion a constitutional crisis, having sold American foreign policy to the highest bidder.

That it [the Administration] may have conspired with foreign governments at the very least to finagle the last presidential election, and that those government did so in the expectation of favors from the administration* they worked to install. That it may have delivered the quo for several of those quids through the foreign policy of the United States. And, if the administration delivered the quo, that it would be guilty of a crime. In fact, it would be guilty of one of the crimes specifically mentioned in the constitutional provisions regarding the impeachment and removal of a president—to wit: bribery.

https://www.esquire.com/news-politics/politics/a20772002/trump-qatar-meeting-constitutional-crisis/

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May 22: Trump's norm-breaking is leading to a constitutional fight
https://www.cnn.com/2018/05/22/politics/donald-trump-justice-department-constitution/index.html

May 23: Trump's blocking of critics on Twitter violates Constitution: U.S. judge
https://www.reuters.com/article/us-usa-trump-twitter/trump-blocking-critics-on-twitter-violates-constitution-judge-idUSKCN1IO2P2

May 24: Donald Trump Suggests Deporting Kneeling NFL Players After New Policy Revealed
http://deadline.com/2018/05/donald-trump-tweets-nfl-kneeling-policy-1202396643/


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September 7: In the battle for control of Congress, President Donald Trump's weapon of choice is fear.

At a rally for Republican Senate nominee Matt Rosendale in Billings, Montana, on Thursday night, the president warned his faithful that Democrats would raise their taxes, take their guns, block his wall, abolish the Immigration and Customs Enforcement agency, open U.S. borders, end Social Security and cut Medicare.

He's also warned supporters this summer that the outcome in November could spell trouble for freedom of speech and religion and the First Amendment — and that if the GOP loses, violence could follow.

The overwhelming majority of the claims are patently false, but with two months to go — and analysts in both parties convinced that there’s a nonremote chance Republicans could lose at least the House — Trump is in desperation mode.
https://www.nbcnews.com/politics/white-house/fear-loathing-trump-campaign-trail-n907521


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October 31: Trump claims he can defy Constitution and end birthright citizenship
https://www.cnn.com/2018/10/30/politics/donald-trump-ending-birthright-citizenship/index.html

December 17: At the turn of the 18th century, a newly elected president of the United States—only the second in the nation’s then-brief history—cautioned the American people about “the danger to our liberties if anything partial or extraneous should infect the purity of our free, fair, virtuous, and independent elections.” In particular, John Adams pointed to threats from abroad, warning that if a changed election outcome “can be obtained by foreign nations by flattery or menaces, by fraud or violence, by terror, intrigue, or venality, the Government may not be the choice of the American people, but of foreign nations. It may be foreign nations who govern us, and not we, the people, who govern ourselves.” Speaking before a joint session of Congress, he thus pleaded with the U.S. Senate and the House of Representatives to “[preserve] our Constitution from its natural enemies,” including “the profligacy of corruption, and the pestilence of foreign influence, which is the angel of destruction to elective governments.”1

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The threat of foreign influence over our elections did not wane in the intervening 220 years: Today, the United States has a president whose election was aided by the fraud and intrigue of a foreign nation. Americans who watched how President Donald Trump, in the words of the late Sen. John McCain, “abased himself … abjectly before a tyrant” in Helsinki, cannot be faulted for wondering whether John Adams’s long-ago warning has become a reality.2
https://www.americanprogress.org/issues/democracy/reports/2018/12/17/464235/following-the-money/

-- 2019 --    
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January 10: A federal judge on Wednesday struck down an Iowa law that made it illegal to get a job at a livestock farm to conduct an animal cruelty undercover investigation

U.S. District Court Judge James Gritzner sided with opponents of the 2012 law that was intended to stop organizations like People for the Ethical Treatment of Animals from doing animal abuse investigations at farms and puppy mills. Iowa lawmakers approved the measure, which threatened up to a year in jail to those who conducted an undercover operation, after several high-profile cases in which animal welfare advocates recorded questionable animal treatment and then publicized the images through the media.

“Ag gag clearly is a violation of Iowans’ First Amendment rights to free speech,” ... “It has effectively silenced advocates and ensured that animal cruelty, unsafe food safety practices, environmental hazards, and inhumane working conditions go unreported for years.”
https://www.huffingtonpost.com/entry/iowa-ag-gag-law-struck-down_us_5c375c1fe4b045f676898ab0


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January/February:
What Can a President Do During a State of Emergency?

The Alarming Scope of the President's Emergency Powers

From seizing control of the internet to declaring martial law, President Trump may legally do all kinds of extraordinary things.
https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/

February 15: On Friday morning, President Donald Trump announced that he would be declaring a state of emergency on the US-Mexico border and unilaterally appropriating funds to pay for his border wall.

It’s not clear if he can actually do that: The Constitution gives Congress, not the president, the ultimate power to appropriate money. The president legally has the power to declare emergencies and respond, but can he do that in a situation where Congress has explicitly declined to fund the president’s wall?

According to Elizabeth Goitein, an expert on national security law, the answer is that he can’t — and Trump’s attempt to do so constitutes a “constitutional crisis.”
https://www.vox.com/policy-and-politics/2019/2/15/18226315/trump-emergency-national-wall-border-illegal


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May 29: Republican Group Will Run Ad on 'Fox & Friends' Urging Congress to Hold Trump Accountable: Mueller Did His Job... Now Do Yours

Republicans for the Rule of Law (RRL), a conservative group whose stated purpose is “defending the institutions of our republic,” will advertise on Fox & Friends next week to urge members of Congress to hold President Donald Trump accountable for the findings in special counsel Robert Mueller’s report.

Chris Truax, a spokesperson and legal adviser for RRL, told Newsweek that Congress must properly investigate Mueller’s findings in order to address the “corruption of our Constitution from within.”

"Everybody — Republicans and Democrats but especially Republicans — need to step up and say, 'Look, this is bigger than the politics of the day, this is about our democratic institutions.' If we don't defend them, that will have an impact on our country for decades to come," he said. "President Trump still does not want to admit that this happened and that's wrong, absurd and dangerous. Republicans need to stop enabling this behavior."

GOP members should be “appalled at their casual disregard for the law, the Constitution and everything that makes America great,” Truax added. “Americans of all political affiliations should recoil at the plain fact that senior members of the administration put their own interests above the national security of the United States.”
https://www.newsweek.com/republican-group-will-run-ad-fox-friends-urging-congress-hold-trump-1438843

-- 2020 --
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