In a dramatic shift from long-standing American principles about law and governance, former President Donald Trump has embarked on a path that challenges the very foundation of legal and constitutional norms in the United States. His administration’s approach, both domestically and internationally, has raised significant concerns regarding the adherence to the rule of law—a cornerstone of societal order and justice as underscored by President Dwight D. Eisenhower in 1958.
At the heart of these controversies is Trump’s use of presidential pardons, his directives that sidestep established legislative processes, and actions that test constitutional boundaries. These moves have sparked a series of lawsuits challenging their legality under the U.S. Constitution. Notably, legal experts argue that certain measures like banning birthright citizenship or reallocating funds without congressional approval flagrantly violate constitutional provisions and are likely to be overturned by the courts.
On the global stage, the Trump administration has also taken bold steps to reshape policies in ways that critics argue could undermine international law norms. The directive to halt enforcement of the 1977 Foreign Corrupt Practices Act (FCPA), a critical U.S. legislation aimed at combating overseas bribery by American businesses, has generated particular alarm. Before this suspension, enforcement under the FCPA had led to significant penalties for major corporations, such as Deere & Company and RTX Corporation, formerly known as Raytheon, for their involvement in corrupt practices abroad.
Additionally, Trump’s controversial decisions extend into the U.S. Department of Justice, under the stewardship of his appointee, Pam Bondi. One of the most contentious moves was the dissolution of the DOJ’s Kleptocracy Initiative, a program dedicated to recovering assets stolen by foreign corrupt leaders. This decision raises questions about the fate of the billions of dollars in recovered funds, which Bondi has suggested could be redirected to other initiatives, including potentially expanding the Guantánamo Bay detention facility.
The former president’s record of pardons and commutations is equally contentious, featuring a list of individuals primarily distinguished by their public allegiance to Trump or their notoriety within high-profile legal infractions. This list includes political figures such as Rod Blagojevich, the former governor of Illinois who faced corruption charges, and individuals implicated in the January 6 Capitol riot.
These actions coincide with a looming specter of unchecked presidential power, unaffected by traditional legal barriers due to interpretations of executive immunity. This situation poses a stark deviation from the warnings issued by George Washington in his 1796 farewell address, where he cautioned against the dangerous potential of factions that obstruct the enforcement of national laws.
This continuous strain on the judicial norms has prompted a broader debate about the balance of power in American government and the durability of its democratic institutions. As these legal battles unfold, the nation remains in a precarious position regarding its foundational principles and the global leadership role it has played under the banner of a rules-based international order.
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