American History

15 Times U.S. Presidents Defied the Constitution (and Got Away With It)

Darren - May 25, 2025

Throughout American history, U.S. Presidents have wielded extraordinary power and occasionally pushed the boundaries of the U.S. Constitution. While the founding document was designed to establish checks and balances, certain presidents have found ways to maneuver or outright bypass these constraints. These acts of presidential overreach often spark debate about the balance between national security, personal liberties, and executive power. In exploring these instances, we gain insight into how the presidency can sometimes stretch its constitutional limits. This article delves into 15 specific examples where presidents have defied the Constitution—and seemingly, gotten away with it.

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1. George Washington’s Neutrality Proclamation

In 1793, President George Washington issued the Neutrality Proclamation, declaring the United States neutral in the conflict between France and Great Britain. This move was controversial, as many felt it overstepped presidential authority, bypassing Congress’s constitutional power to declare war. Washington argued it was necessary to prevent entangling the young nation in foreign conflicts, but critics saw it as a significant expansion of executive power. This decision set a precedent for future presidents to act unilaterally in foreign affairs.

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2. Thomas Jefferson’s Louisiana Purchase

President Thomas Jefferson faced a constitutional dilemma with the Louisiana Purchase in 1803. The Constitution did not explicitly grant the president the power to acquire new territory. Despite his strict interpretation of the Constitution, Jefferson proceeded with the purchase, doubling the size of the United States. This bold move sparked intense debate over the scope of executive power and set a lasting precedent for presidential decisions in territorial expansion.

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3. Andrew Jackson’s Bank Veto

Andrew Jackson | Image Source: Chickasaw.tv

In 1832, President Andrew Jackson vetoed the recharter of the Second Bank of the United States, challenging the constitutionality of congressional authority. Jackson argued that the bank was monopolistic and unfairly favored the elite, defying Congress’s decision to extend its charter. His veto was a bold assertion of executive power over economic policy, sparking significant debate about the balance of powers and the role of the federal government in financial matters.

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4. Abraham Lincoln’s Suspension of Habeas Corpus

During the Civil War, President Abraham Lincoln made the contentious decision to suspend habeas corpus, a fundamental legal protection. This action, intended to quell dissent and maintain public order, was seen by many as a constitutional overreach, bypassing Congress’s legislative powers. Lincoln defended his actions as necessary for national security, but the move fueled debates about the limits of executive authority during times of crisis and civil unrest.

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5. FDR’s Court-Packing Plan

In 1937, President Franklin D. Roosevelt proposed the Court-Packing Plan to expand the Supreme Court, aiming to add more justices who would support his New Deal legislation. This controversial move was perceived as an attempt to undermine the judiciary’s independence, sparking fierce opposition. Although the plan ultimately failed, it raised significant concerns about the extent of executive influence over the judicial branch and the potential erosion of checks and balances.

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6. Truman’s Seizure of Steel Mills

In 1952, President Harry S. Truman ordered the seizure of steel mills to prevent a strike that threatened national defense during the Korean War. This bold action was aimed at ensuring continued steel production but was soon challenged in the courts. The Supreme Court later ruled the seizure unconstitutional, stating that Truman had overstepped his executive powers. This incident highlighted the ongoing struggle between executive authority and legislative oversight.

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7. Nixon’s Watergate Scandal

The Watergate scandal in the 1970s exposed President Richard Nixon’s significant abuses of executive power. Involving illegal activities and subsequent cover-ups, the scandal highlighted Nixon’s constitutional violations, particularly concerning obstruction of justice and abuse of authority. The revelations led to a constitutional crisis, profoundly impacting public trust and demonstrating the limits of presidential power. Ultimately, Nixon resigned to avoid impeachment, underscoring the importance of accountability in the executive branch.

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8. Reagan’s Iran-Contra Affair

The Iran-Contra Affair during President Ronald Reagan’s tenure involved covert arms sales to Iran, with funds redirected to support Contra rebels in Nicaragua. This operation bypassed congressional authority, violating the Boland Amendment, which restricted such aid. The affair raised constitutional concerns about the executive branch’s adherence to legal constraints and congressional oversight. Although it led to several indictments, Reagan’s direct involvement remained unproven, leaving questions about executive accountability.

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9. Bush’s Warrantless Wiretapping

Following the 9/11 attacks, President George W. Bush authorized warrantless wiretapping as part of the NSA’s surveillance efforts to combat terrorism. This decision faced criticism for potentially violating constitutional rights, particularly the Fourth Amendment’s protection against unreasonable searches. Critics argued that bypassing the Foreign Intelligence Surveillance Act (FISA) demonstrated an overreach of executive power. The controversy highlighted the delicate balance between national security and individual liberties in the post-9/11 era.

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10. Obama’s Use of Executive Orders

President Barack Obama faced criticism for his use of executive orders, especially concerning immigration policies like DACA (Deferred Action for Childhood Arrivals). Critics argued these actions circumvented legislative authority, bypassing Congress’s role in shaping immigration laws. While supporters viewed these orders as necessary to address urgent issues, opponents saw them as an overreach of executive power, sparking debates about the proper balance between the executive and legislative branches.

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11. Trump’s National Emergency Declaration

In 2019, President Donald Trump declared a national emergency to secure funding for a border wall, bypassing Congress after legislative efforts failed. This declaration was challenged as an overreach of executive power, raising questions about the president’s authority to redirect funds without congressional approval. The move sparked legal battles and intense debate over the limits of executive action, highlighting tensions between the branches of government regarding budgetary control.

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12. John Adams’ Alien and Sedition Acts

Under President John Adams, the Alien and Sedition Acts of 1798 were enacted, targeting immigrants and critics of the government. These laws were widely criticized for infringing on First Amendment rights, as they restricted free speech and the press. Critics viewed the acts as an unconstitutional exercise of executive power aimed at silencing opposition. The controversy underscored the ongoing struggle to balance national security with individual liberties in American democracy.

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13. Woodrow Wilson’s Espionage Act Enforcement

During World War I, President Woodrow Wilson enforced the Espionage Act of 1917, targeting dissenters and those critical of the war effort. The act’s enforcement was perceived as a serious violation of free speech, as it led to the suppression of anti-war sentiments and the prosecution of individuals for expressing dissent. The controversy highlighted the tension between national security measures and constitutional rights, sparking widespread debate over civil liberties during wartime.

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14. Lyndon B. Johnson’s Gulf of Tonkin Resolution

In 1964, President Lyndon B. Johnson used the Gulf of Tonkin Resolution to significantly expand U.S. military involvement in Vietnam, without a formal declaration of war. This resolution granted Johnson broad military powers, circumventing Congress’s constitutional authority to declare war. The move intensified debates over the executive branch’s military authority and highlighted the potential for presidents to engage in military conflicts with limited legislative oversight.

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15. Bill Clinton’s Military Interventions

President Bill Clinton authorized military interventions in the Balkans during the 1990s, including operations in Bosnia and Kosovo. These actions were criticized for bypassing congressional approval, raising concerns about the president’s unilateral use of military force. While aimed at humanitarian goals, Clinton’s interventions sparked debate over the constitutional requirement for congressional consent in military engagements, emphasizing the ongoing tension between executive initiatives and legislative oversight in foreign conflicts.

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