Many scholars and legal experts argue that Donald Trump's actions represent an unprecedented and brazen disregard for the Constitution. His presidency is often described as a "stress-test" of the constitutional structure.

Attempts to overturn the 2020 election: Cited in his second impeachment, actions concerning the January 6, 2021, Capitol attack, his federal election interference indictment, and pressuring officials to alter election results are viewed as a direct assault on the democratic process. A July 2024 Supreme Court ruling found no immunity for former presidents engaging in "unofficial acts" to undermine an election.

Disregard for the separation of powers: Trump has been accused of unlawfully impounding funds, issuing executive orders in excess of presidential authority, and targeting opponents with politically motivated investigations.

Emoluments Clause violations: He faced numerous lawsuits for allegedly profiting from his businesses while in office, violating the clause against receiving payments from foreign and domestic governments.

Violations confirmed in court: As of September 2025, judges have ruled that Trump's administration violated federal laws, such as using the National Guard for domestic law enforcement and issuing an unconstitutional executive order attempting to end birthright citizenship.