Attacks on the Constitutional Order: Calling for 'Termination' of the Constitution, Embracing Dictatorial Language, and Refusing to Commit to Peaceful Transfers of Power
Tier 3Documented2020-09-23 to 2023-12-05
Factual Summary
On multiple occasions between 2020 and 2023, Donald Trump publicly attacked the foundational principles of constitutional governance, including the peaceful transfer of power, the authority of the Constitution itself, and the distinction between democratic and authoritarian rule. These statements are documented through Trump's own public remarks, social media posts, and televised interviews.
On September 23, 2020, during a White House press briefing, a reporter asked President Trump whether he would commit to a peaceful transfer of power if he lost the upcoming election. Trump responded: "Well, we're going to have to see what happens." He added: "Get rid of the ballots and you'll have a very peaceful, there won't be a transfer, frankly. There'll be a continuation." The response was notable because the peaceful transfer of power is considered the most fundamental norm of democratic governance, and no previous president or major-party presidential nominee had refused to commit to it when directly asked.
Trump repeated his refusal to commit to accepting election results at multiple points during the 2020 campaign. At the first presidential debate on September 29, 2020, moderator Chris Wallace asked Trump to condemn white supremacist groups and to commit to a peaceful transfer of power. Trump told the Proud Boys to "stand back and stand by," a phrase that the group's members interpreted as an endorsement, and did not unequivocally commit to accepting the results.
On December 3, 2022, more than two years after losing the 2020 election, Trump posted a message on Truth Social stating: "A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution." The post was referencing his continued false claims about the 2020 election. Trump was calling for the foundational legal document of the United States government to be set aside in order to reinstall him in office.
The statement prompted bipartisan condemnation. The White House called it "anathema to the soul of our nation." Congressional Republicans, including Senator Mike Rounds and Representative Mike Turner, criticized the statement, though most stopped short of saying it disqualified Trump from seeking office again. House Democrats introduced H.Res.1527, a resolution condemning Trump's call to "terminate" the Constitution. Trump later claimed his words had been distorted, writing on Truth Social that "the Fake News is actually trying to convince the American People that I said I wanted to 'terminate' the Constitution." However, his original post is preserved in the public record.
On December 5, 2023, during a Fox News town hall in Davenport, Iowa, host Sean Hannity offered Trump what was effectively a slow pitch designed to reassure voters. Hannity asked: "You are promising America tonight you would never abuse power as retribution against anybody?" Trump responded: "Except for Day One." When pressed, Trump said he would use dictatorial power to "close the border and drill, drill, drill." He then added: "After that, I'm not a dictator." Hannity attempted to reframe the exchange as humorous, but Trump's direct embrace of the term "dictator," even for a single day, was treated by historians, political scientists, and international observers as a significant departure from the rhetorical traditions of American democratic leadership.
Taken together, these statements form a pattern in which Trump publicly and repeatedly expressed willingness to operate outside constitutional constraints, reject democratic processes he found inconvenient, and adopt the language of authoritarian rule.
Primary Sources
1. White House press briefing transcript, September 23, 2020, containing Trump's "we're going to have to see what happens" response on peaceful transfer of power
2. First presidential debate transcript, September 29, 2020, containing the "stand back and stand by" exchange
3. Trump Truth Social post, December 3, 2022, calling for "termination of all rules, regulations, and articles, even those found in the Constitution"
4. H.Res.1527, 117th Congress, condemning Trump's call to terminate the Constitution
5. Fox News town hall transcript, Davenport, Iowa, December 5, 2023, containing the "dictator on Day One" exchange
Corroborating Sources
1. CNN: "Trump calls for the termination of the Constitution in Truth Social post," December 3, 2022
2. The Washington Post: "Trump calls for suspending Constitution, drawing White House rebuke," December 3, 2022
3. NBC News: "Republicans disavow Trump's call to terminate the Constitution but stop short of saying it disqualifies him for 2024"
4. The Washington Post: "Trump says he wouldn't be a dictator 'except for Day One,'" December 6, 2023
5. NBC News: "Trump says he won't be a dictator if elected, 'except for Day One,'" December 2023
6. Axios: "Lawmakers react to Trump's call to suspend Constitution," December 4, 2022
Counterarguments and Context
Trump's defenders argued that the "dictator on Day One" remark was clearly intended as a joke or as rhetorical emphasis about the urgency of securing the border and expanding energy production, not as a literal promise of authoritarian governance. They pointed to the full context of the Hannity exchange, in which Trump immediately clarified that he would use executive action on the first day to address specific policy goals and then return to normal democratic governance. Regarding the Truth Social post about the Constitution, some supporters argued that Trump was expressing frustration with perceived election irregularities rather than literally calling for the Constitution to be abolished. Republican leaders who criticized the statement largely framed it as unfortunate rhetoric rather than as a disqualifying position. On the peaceful transfer of power, defenders noted that Trump ultimately left office on January 20, 2021, and that his rhetorical equivocations during the campaign were political posturing rather than genuine threats to the constitutional order. However, the events of January 6, 2021, which occurred between Trump's refusal to commit to a peaceful transfer and his eventual departure from office, demonstrated that the rhetorical equivocations had real-world consequences.
Author's Note
This entry documents statements made by a president and presidential candidate that, in any previous era of American politics, would have been disqualifying. The peaceful transfer of power is not a policy preference. It is the mechanism by which democratic governance continues. A president who will not commit to it is, by definition, threatening the system itself. The call to "terminate" the Constitution was not ambiguous. The original post is preserved and readable. The "dictator on Day One" remark, even if intended as humor, represents a comfort with authoritarian framing that no previous American president or major-party nominee has exhibited. These statements are classified as Tier 3 because they are documented through primary evidence, including Trump's own posts and on-camera statements, and are not dependent on interpretation or anonymous sourcing.