top of page
The Current Threats to the Rule of Law

Here’s how President Trump’s actions in 2025 are widely seen as contesting the U.S. Constitution and testing constitutional norms:

1. Birthright Citizenship Executive Order 

  • On Jan 20, 2025, Trump signed Executive Order 14160, attempting to abolish birthright citizenship under the 14th Amendment. It directed agencies to withhold citizenship from children of non-citizens born in the U.S. 

  • Multiple federal courts (including Washington, Maryland, New Jersey) issued preliminary injunctions, declaring it likely unconstitutional 

  • The U.S. Supreme Court heard arguments on May 15 in Trump v. CASA to decide if these nationwide blocks are valid.

2. Power Over Independent Agencies

  • Through Executive Order 14215 on Feb 18, 2025, Trump asserted the authority to:

    • Require independent regulatory agencies to get White House pre-clearance for rules.

    • Make federal officials follow presidential or AG “interpretations of law.”

  • Critics argue this undermines agency independence and violates separation of powers. Lawsuits were filed by the DNC and others.

3. Election Administration Overhaul

  • Trump issued Executive Order 14248 on Mar 26, 2025, reshaping federal election rules by:

    • Mandating proof-of-citizenship for voter registration.

    • Threatening states with lawsuits or loss of funds over voting deadlines.

  • At least 19 states and voting rights groups sued, and courts blocked key elements, saying it intrudes on state roles and risks disenfranchisement.

4. Immigration Crackdowns & Deportations

  • The administration deployed aggressive immigration raids, detentions, and revocations of student visas, including actions under the Alien Enemies Act. Courts criticized many as lacking due process.

  • These moves bypassed judicial and legislative oversight, prompting more than 100 lawsuits and 50 restraining orders.

5. Use of Emergency and War Powers

  • In V.O.S. Selections v. United States (May 28, 2025), a court blocked Trump’s “Liberation Day” tariffs, ruling his use of IEEPA overstepped executive authority and violated the non‑delegation doctrine.

  • Unilateral military actions: In June 2025, Trump ordered strikes on Iranian facilities without congressional approval. Critics (like AOC and Sen. Kaine) called it “unconstitutional” and a violation of war powers.

6. Defying Court Orders in Deployment

  • Courts blocked Trump’s deployment of National Guard troops to Los Angeles during protests, citing the 10th Amendment. Rather than comply, the administration appealed, and an appeals court allowed the deployment pending constitutional review.

  • This raised critical questions about federal overreach into state authority and judicial limits.

 Why This Matters

  • Constitutional experts warn that Trump is testing the boundaries of executive power like never before.

  • Federal courts — from district to appellate levels — have already issued 170+ rulings limiting what’s perceived as unconstitutional actions.

  • Many of these conflicts—over citizenship, agencies, elections, immigration, war powers—are active legal battlefield issues that could reshape the balance of powers if unresolved.

 Bottom Line

In 2025, Trump’s presidency is marked by repeated high-stakes confrontations with the judiciary and Congress—challenging long-standing constitutional boundaries around citizenship, independent authorities, election administration, immigration, trade, and war. Whether these qualify as a full constitutional crisis depends on future resolutions and institutional responses. But legal scholars broadly consider them a serious stress test for U.S. constitutional order.

The Full Story

Is Democracy Under Threat In America?

The 250-year American experiment in self-government is threatened by a global rise in authoritarianism. Together, we can preserve democracy for future generations.

Screenshot 2025-06-05 at 12.25.44 AM.png

Authoritarian Warning Survey has polled democracy experts on threats to democracy from American political leaders since 2017. Respondents are academic scholars who study democratic decline, political institutions, American politics, or countries that have recently experienced democratic erosion.

What Do We Mean? 

This is a multifaceted, multicultural issue. With this in mind, there is not a black-and-white answer to what "threatens" American Democracy. However, there is a "Threat Index" from the Authoritarian Warning Survey which describes on a scale of 1 to 5 from democracy experts across the country and political spectrum on six key metrics that are related to our priority work areas. The US currently sits at 3.3/5 (June 2025).​

EXAMPLES 

What Are Examples Of Civil Rights Violations For Individulas?

  • Use of excessive force by police.

  • Wrongful termination, denial of employment or promotion due to personal identity.

  • Denying housing to an individual because of personal identity.

  • Efforts that impede your right to peacefully protest.

Rights violations occur when an action or inaction by a state or non-state actor infringes upon, disregards, or denies a person's basic human rights. This can include various forms of abuse, including discrimination, excessive use of force, arbitrary detention, and denial of fair trial. 

Democracies are struggling everywhere.

 Today, more than 2.8 billion people live in countries that are becoming increasingly autocratic.

Economic change, social atomization, and backlash to demographic and cultural change — contribute at least partially to the pressures that are undermining democracy in the United States. We are not the only country experiencing this type of uncertainty,  but we are world leaders and it DOES matter how people respond to these changes.

Togetherness
bottom of page