America’s Constitution is facing its greatest test. We are in the midst of a constitutional crisis, witnessing an alarming consolidation of executive power under a president who believes he is above the law—and so far, there is little evidence to the contrary.
Trump’s actions are undermining the core principles of democracy, the rule of law, and the system of checks and balances that prevent authoritarian rule. Following the roadmap outlined by Project 2025, Trump is dismantling the “deep state.” While some dismiss the term as a conspiracy theory, in reality, it describes the thousands of career civil servants and experts who ensure the smooth operation of government and limit the consolidation of power in the executive branch. Through initiatives like Schedule F, Trump is removing those who might oppose his agenda, replacing them with loyalists.
In the past 23 days alone, Trump has ignored judicial orders, appointed only loyalists to key government positions, and is actively dismantling the safeguards that typically restrain presidential power. The U.S. government’s structure is explained in the Constitution, which divides power between three co-equal branches: the Executive (President), Legislative (Congress), and Judicial (Courts). If the president can disregard court orders and Congress is unable to hold him accountable, he effectively places himself above the law.
By staffing federal agencies with loyalists willing to follow his personal directives rather than the law, Trump can utilize these agencies to punish political opponents, silence dissent, and enforce authoritarian policies. His threats to terminate federal employees who do not comply with his orders further pave the way for a dictatorship, where personal loyalty supersedes legality, ethics, or qualifications.
Trump is laying the groundwork to eliminate any legal recourse against him. By controlling federal agencies through his loyalists, he effectively strips Congress of its legislative power, as Congressional oversight is only as effective as the means available to enforce it.
As of February 12, 2025, the Trump administration has failed to comply with a court order to unfreeze federal funds and reinstate dismissed employees. Despite a temporary restraining order issued on January 31 by U.S. District Judge John J. McConnell Jr., which mandated the immediate restoration of paused federal spending, the administration has continued to withhold funds. On February 10, Judge McConnell found the administration in non-compliance and directed officials to restore the frozen funds. The administration's attempt to appeal this decision was rejected by the 1st U.S. Circuit Court of Appeals on February 11. Additionally, the White House dismissed USAID Inspector General Paul Martin shortly after he criticized the administration's actions, which jeopardized millions in humanitarian aid.
In 2023, the Supreme Court ruled that presidents are immune from criminal prosecution, leaving the judiciary with limited enforcement power. This raises the question: what can be done about a corrupt president who actively defies norms and laws?
The courts can continue to issue rulings that formally declare the president in contempt, creating a legal record of his defiance. They can hold Trump’s cabinet members and agency heads in contempt, imposing fines and imprisonment for non-compliance. However, with Trump loyalists controlling the Department of Justice, enforcement of such orders is unlikely.
The courts could freeze certain federal accounts, complicating the administration's operations, but this may not be effective given the financial backing Trump has from the richest man in the world.
Congress could attempt to impeach Trump, but achieving a three-fourths majority is improbable. They could also use their control over the federal budget to block funding for departments led by Trump loyalists, but with Republicans holding the majority in both the House and Senate, this is unlikely.
Congress can issue subpoenas and conduct public investigations into the administration's lawlessness, but past efforts, such as those related to January 6, have shown limited effectiveness. State Attorneys General can file lawsuits against the administration, but without a means to enforce court orders, this may also prove ineffective. States can refuse to implement federal directives they deem unconstitutional, and mass mobilization through protests and political activism could be a response.
If enough cabinet members believe Trump is incapacitated, they could invoke the 25th Amendment, but given their current support for him, this is unlikely. Should Trump continue to defy court orders, the courts could impose escalating fines on officials who refuse to comply, potentially leading to asset seizures. However, this enforcement would still rely on U.S. Marshals, who are also under Trump's influence.
One potential avenue for the courts is to appoint a receiver to manage federal departments that refuse to comply with court orders. Typically used for debt collection, this legal process could involve a neutral third party taking control of a federal department. However, this would be unprecedented and may face significant challenges in implementation.
At its core, the U.S. government operates on an honor system. If a president disregards legal constraints and disrespects the Constitution, the nation ceases to function as a democracy. Trump believes he possesses unconditional presidential immunity and interprets his election victory as a mandate to act above the law. This belief, regardless of its factual basis, influences his behavior. While many abide by laws out of fear of consequences, Trump's lack of such fear, combined with his apparent absence of moral constraints, poses a significant danger when he wields unchecked power.
With his loyalists, who support his Project 2025 agenda, leading government departments, and a Supreme Court that consistently sides with him, Trump is eroding the independence of the judiciary, undermining the intended function of all three branches of government, and positioning himself to be untouchable. When the executive branch operates without fear of legal consequences, the country enters a severe constitutional crisis, relying on Congress, the states, and the public to determine whether the republic will survive as a democracy or succumb to authoritarian rule.
Part 6: Coming Soon
References
Cohn, C. (2025, February 3). DOJ says Trump administration doesn’t have to follow court order halting funding freeze. Democracy Docket. https://www.democracydocket.com/news-alerts/doj-says-trump-administration-doesnt-have-to-follow-court-order-halting-funding-freeze/
Eddington, P. (2025, February 2). Illegal Actions, Missing Consequences. CATO Institute. https://www.cato.org/commentary/illegal-actions-missing-consequences
Jacobs, R. (2024, August 1). Trump has said he wants to destroy the “deep state” 56 times on Truth Social - CREW. CREW | Citizens for Responsibility and Ethics in Washington. https://www.citizensforethics.org/reports-investigations/crew-investigations/trump-has-said-he-wants-to-destroy-the-deep-state-56-times-on-truth-social/
James, L. (2025, January 28). REQUEST FOR EMERGENCY TEMPORARY RESTRAINING ORDER UNDER FEDERAL RULE OF CIVIL PROCEDURE 65(B) . US District Court For The District of Rhode Island. https://www.njoag.gov/wp-content/uploads/2025/01/2025-0128-NY-v.-Trump-Complaint.pdf
Lucas, R. (2025, February 5). New attorney general moves to align Justice Department with Trump’s priorities. Houston Public Media. https://www.houstonpublicmedia.org/npr/2025/02/06/g-s1-46698/new-attorney-general-moves-to-align-justice-department-with-trumps-priorities/
Moore, E. (2025, February 10). Judge says Trump administration is not in full compliance with order on spending. NPR. https://www.npr.org/2025/02/10/nx-s1-5292342/trump-federal-funding-freeze-restraining-order
Pearson, J. (2025, February 10). Trump Administration is still freezing funds despite court orders. ProPublica. https://www.propublica.org/article/trump-administration-funding-freeze-workarounds
Popli, N. (2025, February 4). Can he do that? What legal experts say about Trump’s most radical moves. Time. https://time.com/7212753/trump-elon-musk-federal-laws-legal-analysis/
Prokop, A. (2025, February 11). The big question looming over Trump’s executive orders. Vox. https://www.vox.com/politics/399202/trump-defy-court-rulings-constitutional-crisis-vance
Queen, J., & Pierson, B. (2025, February 10). US judge says Trump administration violated order lifting spending freeze. Reuters. https://www.reuters.com/world/us/trump-administration-ordered-fully-comply-with-order-lifting-funding-freeze-2025-02-10/
Salam, E., Mackey, R., & Stein, C. (2025, February 12). White House fires USAid inspector general who issued damning report on Trump’s funding freeze – as it happened. The Guardian. https://www.theguardian.com/us-news/live/2025/feb/11/trump-court-israel-hamas-musk-politics-latest-updates
