The Constitution Series, No. 3
The Structure and Powers of the Federal Government
Lola Kakes
In a recent past essay, I examined Article I – The Legislative Branch and its foundational role in our federal government. To continue our exploration, let’s briefly revisit its key points as a brief recap might help as we look at the other Articles and how they all work together to collectively shape our Republic.
Establishes a legislature consisting of the Senate and the House of Representatives.
Defines the powers of Congress, including making laws, declaring war, and regulating commerce.
Details the election process and qualifications for office.
Outlines checks and balances to guard against tyranny and ensure fairness between states and individual rights.
Our Founding Fathers weren’t just revolutionaries—they were visionary architects. The Constitution they penned wasn't merely a document for 1787, but a living framework designed to endure for centuries. With the legislative branch laid out, they moved on to establish the other two pillars of our federal structure - our three legged stool. As we explore the remaining Articles, one thing becomes abundantly clear: these institutions are interwoven, reliant on one another—and when one leg wobbles, the entire stool risks collapse.
Overview of the Remaining Articles
Article II: Establishes the executive branch, outlining the duties and limits of the President and Vice President.
Article III: Creates the judicial branch, including the Supreme Court, and defines the scope of federal judicial power.
Article IV: Addresses relations among the states, the admission of new states, and guarantees a republican form of government.
Article V: Provides the method for amending the Constitution.
Article VI: Introduces the Supremacy Clause, which makes the Constitution the highest law of the land, mandates oaths of office, and prohibits religious tests for government service.
Article VII: Explains the ratification process of the Constitution
A Presidency Untethered?
As I read these Articles I found it difficult to put into words all of the chaos that the current Administration is causing by not following the Constitution.
Article II requires that before assuming office, the President must solemnly swear to "preserve, protect and defend the Constitution of the United States." That oath is not ceremonial—it’s the very heart of the presidency. So when a President expresses uncertainty about that fundamental duty, it raises serious concerns about their qualifications and intentions. When a President expresses uncertainty about this core duty, it’s not only alarming—it’s disqualifying.
Misuse of the “Treason” Label
Article III, Section 3 defines treason narrowly: levying war against the U.S. or giving aid and comfort to its enemies. Yet, recent administrations have broadened the label far beyond its constitutional meaning. From former DHS officials to generals, journalists, and even elected members of Congress, public figures have been branded “traitors”—undermining civil discourse and weaponizing a term that should be used with the utmost caution and legal precision.
Yet Trump frequently labeled political opponents as “traitors” without evidence of such high crimes.
For example:
In 2023, he and Rep. Paul Gosar implied General Mark Milley was a traitor who deserved execution (CNBC, 2023).
In 2025, he ordered the DOJ to investigate former officials Miles Taylor and Chris Krebs, accusing them of treason for disputing election misinformation [Reuters, April 2025)].
Over the years, he has used the term against a long list of figures: Barack Obama, Adam Schiff, the media, and even FBI agents—misusing a charge meant to be applied only in the gravest of circumstances.
This rhetoric blurs constitutional boundaries and devalues the legal weight of the term treason.
State Relations and Rising Division
Article IV – governs the relationships among the states, outlines the process for admitting new states to the Union, and guarantees each state a republican form of government. So far, I haven’t seen the Administration tamper with this Article. However, I am concerned about the Administrations deriding “Blue States” or “Sanctuary States”. This only causes division and chaos between states, people, and government.
Amendments Aren’t Optional
Article V makes it clear: constitutional change requires the will of two-thirds of the states—not a single executive order. The recent EO attempting to revoke birthright citizenship bypasses this process entirely and stands on legally dubious ground.
The Power and Relevance of Article VI
Article VI serves as a constitutional compass in modern governance.
Clause
Contemporary Impact
Supremacy Clause
Federal law prevails over state law—critical in civil rights, commerce, and healthcare.
Oath of Office
Affirms loyalty to the Constitution above all personal agendas.
No Religious Test
Safeguards freedom of belief and prevents sectarian governance.
Environmental Regulation Under Scrutiny
Supremacy clause is crucial in issues like:
Immigration (federal vs. state enforcement) - Under the Trump administration, efforts were made to:
Punish sanctuary jurisdictions by withholding federal funding (mostly blocked in courts).
Deputize local law enforcement to act as immigration officers— voluntary partnerships that expanded during that time which then caused local cooperation to be optional — which fuels ongoing federal vs. local battles.
Recent moves by the EPA—rolling back emissions standards, repealing clean energy programs, and eliminating environmental justice offices—signal a shift away from long-held protections. The administration’s departure from the Paris Agreement and effort to strip California of its right to set stricter vehicle standards exemplifies tension between state rights and federal authority.
Supremacy clause is crucial in issues like:
Immigration (federal vs. state enforcement) - Under the Trump administration, efforts were made to:
Punish sanctuary jurisdictions by withholding federal funding (mostly blocked in courts).
Deputize local law enforcement to act as immigration officers— voluntary partnerships that expanded during that time which then caused local cooperation to be optional — which fuels ongoing federal vs. local battles.
Recent moves by the EPA—rolling back emissions standards, repealing clean energy programs, and eliminating environmental justice offices—signal a shift away from long-held protections. The administration’s departure from the Paris Agreement and effort to strip California of its right to set stricter vehicle standards exemplifies tension between state rights and federal authority.
A Living Document—Under Fire
Article VII sealed the Constitution’s adoption when ratified by the original 13 states. Today, it stands as the law of the land for 50 states and multiple territories. Yet the Constitution faces mounting challenges—not only legally, but in public perception and political will. It’s our responsibility as citizens to stay vigilant and demand that every branch of government—Executive, Legislative, and Judicial—honor, uphold, and defend the foundational blueprint of our nation.
Here are some documented examples where former President Donald Trump’s actions have been criticized as violating constitutional principles based on the articles I have presented thus far. These examples illustrate how constitutional safeguards can be tested—and why civic vigilance is essential.
Article I – Legislative Oversight Undermined
Trump repeatedly challenged Congress’s oversight authority. For instance, during the first impeachment inquiry, his administration refused to comply with subpoenas for documents and witness testimony, raising concerns about obstruction of Congress—a power clearly granted under Article I.
Article II – Breach of the Presidential Oath
The presidential oath in Article II requires the President to “preserve, protect and defend the Constitution.” Critics argue Trump violated this oath in several ways:
January 6th Capitol Riot: His rhetoric leading up to and during the attack on the Capitol was seen by many as inciting insurrection, undermining the peaceful transfer of power.
Deployment of Military in Civilian Protests: In June 2025, Trump deployed the National Guard and Marines to Los Angeles protests, prompting accusations of violating the Posse Comitatus Act and overstepping executive authority.
Article III – Misuse of Treason Accusations
Trump has frequently labeled political opponents as “traitors,” including military leaders, journalists, and former officials. This dilutes the constitutional definition of treason in Article III, which is narrowly defined and requires strict legal standards.
Article V – Supremacy Clause and Separation of Powers
A federal judge recently ruled that Trump violated the Constitution in eight distinct ways by issuing executive orders to punish law firms that represented political opponents. The court found these actions infringed on:
First Amendment rights to free speech and association,
Fifth Amendment due process protections,
And the separation of powers by interfering with the judiciary and legal representation
Emoluments Clause Violations
Trump was also accused of violating the Constitution’s Emoluments Clauses by profiting from foreign and domestic government spending at his properties while in office. Lawsuits alleged that this created conflicts of interest and opened the door to foreign influence.
We, the people, need to be aware of the importance of this blueprint for governing and insist that our elected representatives – Executive, Legislative, and Judicial – uphold and defend the Constitution.