Trump’s Ideas for Expanding U.S. Create Conflicts with Constitution

WASHINGTON -- President-elect Donald Trump set off a possible constitutional crisis with his social media post on Christmas Day saying he wanted to buy Greenland, take control of the Panama Canal and to make Canada the 51st state.

Some U.S. political and legal analysts say his expansive proposal forebodes autocratic tendencies that could create havoc over the president’s legal authorities.

USA Today columnist Michael J. Stern told CNN, "When one country tries to take over parts of another country it's not 'expansion,' it's an illegal act of war."

Election lawyer Marc Elias said on social media that “This 'expansion' would require military invasions of several allies in violation of international law.”

U.S. constitutional law authorizes the president to oversee foreign relations but not to intrude on other countries’ sovereignty. Any annexations of foreign countries or their properties would require either popular agreement of the annexed country or a U.S. constitutional amendment, according to constitutional law attorneys.

Article Four of the Constitution allows the federal government to create new states but only from territories already under U.S. ownership.

In Canada, Panama and Greenland, political leaders are ridiculing Trump.

Trump taunted Canadian Prime Minister Justin Trudeau by calling him “governor” and  threatening to impose a 25 percent tariff on Canadian exports unless border security and drug issues are resolved.

He added, “But if Canada was to become our 51st state, their taxes would be cut by more than 60 per cent. Their businesses would immediately double in size and they would be militarily protected like no other country anywhere in the world.”

Trudeau responded by posting a video on his X account that discussed close economic and diplomatic relations with the United States but gave no recognition to Canada being anything other than a separate country.

In Panama, President José Raúl Mulino said there was no possibility of agreeing to a U.S. takeover of the Panama Canal.

"The canal is Panamanian and belongs to Panamanians,” Mulino said during a press conference. “There's no possibility of opening any kind of conversation around this reality.”

Trump based the idea of taking over the canal largely on Panama’s relations with China. Panama established diplomatic ties with China in 2017 while breaking off relations with its rival Taiwan.

Trump’s sarcastic post on Truth Social said, "Merry Christmas to all, including to the wonderful soldiers of China, who are lovingly, but illegally, operating the Panama Canal."

Panama’s president called Trump’s allegations “nonsense.”

Greenland’s prime minister made equally strong criticisms of Trump’s proposal for buying Greenland.

Trump said that “for purposes of National Security and Freedom throughout the World, the United States of America feels that the ownership and control of Greenland is an absolute necessity.”

Greenland Prime Minister Múte Egede said in a statement, “Greenland is ours. We are not for sale and will never be for sale. We must not lose our long struggle for freedom.”

For more information, contact The Legal Forum (www.legal-forum.net) at email: tramstack@gmail.com or phone: 202-479-7240.