Americans have long glorified their constitution and the rule of law. But Donald Trump’s volatile and vindictive presidency has increasingly replaced that philosophy with something very different – call it “governing by shakedown.”
Trump has often violated federal law, and sometimes the constitution, as he has sought to throttle his targets – whether universities, law firms or America’s trading partners – in the hope that they will cry uncle and agree to his demands. This style of governance would make any caudillo proud. But it should make anyone who cares about the rule of law – and avoiding authoritarian rule – very worried.
By threatening to cripple this university’s finances or that country’s exports, Trump has become the global emperor of shakedowns. It has been great for him and his ego. He dominates negotiations and news cycles, and his White House cheerleaders rush to proclaim victory whenever he reaches a deal with one of his targets.
Claiming that many universities haven’t done enough to combat antisemitism, Trump has demanded that Harvard, Columbia, Brown and other universities submit to his rightwing vision. Furious that some law firms have hired people or filed lawsuits he didn’t like, Trump has taken unprecedented steps to attack them unless they submitted to his demands. Trump has wreaked havoc on global diplomacy and supply chains by threatening America’s trading partners with stratospherically high tariffs unless they reached trade deals with Washington.
Far too many Americans – whether senators, the media or the public – fail to realize that Trump’s attacks on these institutions evidently violate the law. Federal district courts have ruled in four cases that Trump’s broadsides against law firms violate their free speech rights. The US court of international trade ruled that Trump’s across-the-board tariffs against dozens of countries were illegalconcluding that Congress hadn’t given him “unbounded authority” to slap tariffs on nearly every country. (The administration is appealing that ruling.)
As for Trump cutting off billions in aid and research grants to universities because of their alleged failures in responding to antisemitism, many legal experts say his administration has plainly failed to comply with anti-discrimination laws that require the government to follow specific procedures before penalizing universities, such as giving schools an opportunity for a hearing. Moreover, federal law says the government can halt funding to only particular university programs where noncompliance has been found, and not, for instance, to scientific research far afield from that.
Last week, Trump expanded his shakedown efforts. He told the chipmaker Nvidia that he would let it sell high-end AI computer chips to China only if it paid 15% of the revenue from those sales to the US treasury. Nvidia agreed, even though Trump’s demand was of dubious legality; the constitution prohibits the government from placing a tax on exports.
Trump also threatened Brazil with a 50% tariff unless it stopped prosecuting its rightwing former president, Jair Bolsinaro, for allegedly seeking to overturn Brazil’s presidential election. When Brazil’s current president rejected that demand, saying that Trump shouldn’t be telling a sovereign democracy how to run its justice system, Trump imposed the 50% tariff. Trump’s move is an outrage because he’s seeking to strong-arm a longtime US ally over how to run its justice system and because, as Senator Ron Wyden of Oregon said, this is “far outside his legal authority”.
Many lawyers voiced shock and dismay when the law firm Paul, Weiss, a litigation powerhouse, reached a deal with Trump instead of fighting him. Paul, Weiss promised to provide Trump with $40m in pro bono legal services after he sought to cripple the firm by suspending its security clearances and barring its lawyers from federal buildings. All told, nine law firms have reached deals with Trump, promising nearly $1bn in pro bono services . Some legal experts call these deals illegal – one Yale law professor said “a contract that you make with a gun to your head is not a contract”.
Columbia has reached a $221m settlement with the Trump administration, while Brown reached a $50m deal. While denying any liability, Columbia vowed to “work on multiple fronts to combat” antisemitism and other “forms of hatred and intolerance at Columbia”. The university also pledged not to use “race, color, sex, or national origin” in hiring decisions and said its admissions policies would be merit-based and wouldn’t “unlawfully preference applicants based on race, color, or national origin”.
Columbia officials hailed one part of the deal – the Trump administration agreed to unfreeze $1.3bn in funding. That freeze was devastating Columbia’s research programs.
But David Pozen, a constitutional law professor at Columbia, denounced the dealsaying it “gives legal form to an extortion scheme”. Pozen described it as the “first-ever cutoff of congressionally appropriated funds to a university, so as to punish that university and impel it to adopt sweeping reforms, without any pretense of following the congressionally mandated procedures”. Pozen slammed this deal-by-deal style of governance as “coercive”, “arbitrary”, “deeply susceptible” to “corruption” and “corrosive to the democratic order and to law itself”.
We shouldn’t be shocked that Trump acts this way. He loves dealmaking and lording it over others and he has long paid scant heed to following the law. But we should be shocked by the way the two other supposedly co-equal branches of government, Congress and the supreme court, have behaved. They have essentially rolled over in the face of Trump’s ruling by shakedown.
Republican lawmakers in Congress have cravenly sat on their hands while Trump has boosted inflation and sabotaged economic growth by forcing tariffs on more than 90 countries, notwithstanding the strict restrictions Congress set on when and how a president can impose tariffs. Republicans have vowed never to raise taxes, but let’s not fool ourselves: Trump’s tariffs are a regressive sales tax that hits non-affluent Americans hardest. Republican lawmakers have also been quiet as mice while Trump has used a wrecking ball to threaten leading universities – institutions that played a vital role in making the US a world leader in medicine and many other fields of research.
The supreme court has been strangely, worrisomely silent while Trump rules by shakedown, even as many district court judges have shown plenty of spine, ruling, for instance, that Trump’s across-the-board tariffs and assaults on law firms are illegal. When the supreme court wants to move quickly, it often finds a way. It would be great if the court moved to protect the rule of law, universities and academic freedom from Trump’s shakedowns. The court could and should issue a ruling as soon as possible that Trump violated Title VI of the Civil Rights Act by egregiously failing to follow its requirements before freezing universities’ funding. Similarly, the court could greatly reduce the economic mayhem that Trump’s tariffs are causing by quickly upholding the US court of trade’s ruling that Trump has far overstepped his authority to impose tariffs. But the high court been shamefully passive, even submissive.
Congress and the supreme court need to wake up, step up and lay down the law. They must stop Trump’s rule by shakedown, which far too often involves capricious, vindictive dealmaking and ignores our legal rules and standards. Americans need to realize that Trump’s style of governance is dangerously eroding our rule of law and democracy.
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Steven Greenhouse is a journalist and author, focusing on labor and the workplace, as well as economic and legal issues
