Donald Trump’s swift and controversial implementation of over 200 executive orders during the initial days of his second term has reignited fears over potential threats to democratic principles in the United States. Among these orders, four in particular have raised significant alarm:
- An unconstitutional attempt to end birthright citizenship.
- Reviving the Schedule F order to target civil service protections.
- Issuing sweeping pardons for January 6 rioters.
- Initiating politically charged investigations into the Biden administration.
Each of these actions carries profound implications for the integrity of democracy and the resilience of institutional norms in the face of executive overreach.
Birthright Citizenship Order: A Constitutional Challenge
The 14th Amendment of the U.S. Constitution unequivocally states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Trump’s executive order seeks to deny citizenship to children born in the U.S. to undocumented migrants, a move that blatantly contradicts this constitutional guarantee. His argument, that such migrants are not “subject to the jurisdiction” of the U.S., defies both legal logic and Supreme Court precedent established in the 1898 case United States v. Wong Kim Ark
.
This executive action tests the limits of institutional checks and balances. Federal employees are legally obligated to refuse unlawful directives, and the courts’ response will reveal whether they can effectively uphold the Constitution against executive overreach.
Reviving Schedule F: A Pathway to Politicizing the Civil Service
Trump’s reinstatement of the Schedule F executive order reintroduces the potential for sweeping changes within the federal bureaucracy. This classification allows civil servants to be reclassified as at-will political appointees, subject to removal without cause.
The implications are severe: up to 50,000 federal employees—and potentially more—could face dismissal, replaced by loyalists. This would erode the apolitical nature of the civil service, transforming the federal government into an arm of the president’s political machinery.
Although Biden repealed the original Schedule F order, legal challenges and resistance from within federal agencies may determine how far Trump can push this renewed initiative.
Pardoning January 6 Rioters: Incentivizing Political Violence
Trump’s blanket pardon of approximately 1,500 individuals convicted for crimes related to the January 6 Capitol riot sets a dangerous precedent. Among those pardoned are prominent figures like Oath Keepers leader Stewart Rhodes.
The decision undermines accountability and emboldens future political violence by signaling that such actions can be absolved. Moreover, it weaponizes the pardon power, potentially incentivizing illegal behavior by government officials who might expect similar clemency.
This move also underscores Trump’s disregard for the Department of Justice’s independence, as he directed the dismissal of pending January 6 indictments, further politicizing the justice system.
Politically Charged Investigations: Weaponizing Federal Agencies
Two executive orders targeting the “weaponization” of government and alleged “federal censorship” during the Biden administration mandate investigations into various areas, including:
- January 6 prosecutions.
- FBI probes into threats against educators.
- Coordination between federal agencies and social media platforms.
These directives empower the attorney general and director of national intelligence to recommend punitive actions for any misconduct discovered. While these investigations could amount to little more than symbolic gestures, they also risk becoming tools for targeting political opponents, purging government officials, and initiating burdensome inquiries into private entities.
The impact of these orders will largely depend on how Trump’s nominees for these roles—Pam Bondi and Tulsi Gabbard—choose to interpret and implement them, should they be confirmed.
Democracy at a Crossroads
Trump’s early actions in his second term represent a significant test for the resilience of democratic institutions. The federal bureaucracy, judiciary, and political opposition must navigate the challenges posed by these orders while maintaining the rule of law and protecting foundational principles.
Failure to effectively check such moves risks normalizing authoritarian tendencies, with consequences that extend far beyond this administration. The coming weeks and months will reveal whether American democracy can withstand these pressures—or whether these actions mark the beginning of a deeper democratic erosion.
