Musings on the Rule of Law: Is It Based on the Constitution or Trump?

By Rudy Barnes, Jr., May 10, 2025

When Trump took office as President he swore to support and defend the Constitution.  Now he’s not sure what that means for due process requirements for deported migrants.  Trump says that he has “excellent lawyers” to guide him on his Constitutional obligations; but the issue remains unresolved, with Trump remaining uncertain on what rule of law he must follow.

Trump’s actions deporting illegal immigrants have been considered unconstitutional, but if U.S. forces become directly involved in the Middle East war and/or in the Russian-Ukraine war, Trump would likely impose martial law and avoid peacetime Constitutional limits on his rule of law as commander in chief of U.S. forces in wartime.

If the U.S. military forces become involved in a war and Trump becomes a wartime commander in chief, he could arguably impose martial law and avoid accountability for peacetime due process.  Abraham Lincoln did that in the U.S. Civil War, and indications are that Trump would favor reducing Constitutional limitations on his power.

Trump may be evil; but he has been evil like a fox in avoiding Constitutional limits on his power.   He has so far avoided accountability for violations of Constitutional due process of those he has ordered deported, and it should be expected that Trump will continue to limit any restrictions on his executive powers.

So far the federal courts have been the only limits on Trump’s power to defy the rule of law, but the power of the courts to hold Trump accountable has been limited to contempt proceedings.  Impeachment seems to be the only real power to enforce the rule of law against a sitting President, and impeachment is not feasible until we have a new Congress.

America can hope that the 2026 midterm elections will produce a Congress that is not controlled by Trump, and keep Trump out of a war and hold him accountable for peacetime Constitutional standards of due process.  Otherwise Trump could commit  U.S. forces to a war such as that in Ukraine or Israel, and as a wartime commander in chief and impose martial law.

Don’t expect humility or respect for the Constitution fromTrump.  Based on his obsession with concentrating his power and his doubts as to whether he is subject to the Constitution and the checks and balances of Congress, he’s likely to favor a war that would enable him to impose martial law and restrict peacetime standards of due process. 

 Only a reinvigorated Congress can save the checks and balances in the Constitution.  Until then America will have to depend on its federal courts to define the limits of constitutional due process.  As a former elected official and an Army Officer I have had to swear to support and defend the Constitution, and I believe that Trump has the same obligations.      

      

Notes:

When asked if he needs to uphold the Constitution, Trump says: ‘I don’t know’

“I have brilliant lawyers that work for me, and they are going to obviously follow what the Supreme Court said,” the president said.  He went on to say that “I have brilliant lawyers that work for me, and they are going to obviously follow what the Supreme Court said.”   https://www.politico.com/news/2025/05/04/i-dont-know-trump-constitution-00326040.

See also, “Trump says he doesn’t know if he backs constitutional due process rights in a new interview.”  https://www.pbs.org/newshour/politics/trump-says-he-doesnt-know-if-he-backs-constitutional-due-process-rights-in-new-interview.