Trump's NYC Takeover Threat: A Constitutional Crisis?

Former President Donald Trump recently threatened to seize control of New York City if a “communist” mayor is elected. This provocative statement, made during a cabinet meeting, raises serious constitutional questions.

Trump's target appears to be Zohran Mamdani, the Democratic mayoral nominee. While Mamdani identifies as a democratic socialist, Trump's use of the term “communist” is seen by many as inflammatory rhetoric reminiscent of the Red Scare era. Trump further insulted Mamdani with profanity in the White House Cabinet Room.

<img src="https://media.cnn.com/api/v1/images/stellar/prod/gettyimages-2221170613.jpg?q=w_1110,c_fill" alt="Zohran Mamdani arrives for a news conference at Astoria Park in the Queens borough of New York on June 24.">

The Legality of a Presidential City Takeover

Legal experts argue that Trump's proposed takeover of NYC would be unconstitutional, violating the 10th Amendment which reserves powers not explicitly given to the federal government to the states. There is no precedent or emergency power allowing a president to seize control of a city in retaliation for an election outcome.

<img src="https://media.cnn.com/api/v1/images/stellar/prod/gettyimages-2224127797.jpg?q=w_1110,c_fill" alt="President Donald Trump speaks to members of the press during a Cabinet Meeting at the White House on July 8, in Washington, DC.">

Trump's History of Pushing Constitutional Boundaries

Trump's actions during his second term repeatedly challenged constitutional norms, including reinterpretations of the 14th Amendment and birthright citizenship. While courts have thus far rejected some of his more extreme attempts to expand executive power, his words must be taken seriously given his history.

The DC Precedent: A Different Story?

Trump's threat to also take over Washington, D.C. is a different matter. The federal government's authority over the nation's capital is constitutionally established, though Congress granted D.C. residents self-governance in 1973. This contrasts sharply with the situation in New York City.

<img src="https://media.cnn.com/api/v1/images/stellar/prod/gettyimages-2190516907.jpg?q=w_1110,c_fill" alt="D'marco Dixon, left, attempts to catch a football beside his brother, Seanery Dixon, near Robert F. Kennedy Stadium on December 22, 2024 in Washington, DC. The Robert F. Kennedy Memorial Stadium Campus Revitalization Act passed the US Senate early December 21.">

A Threat to Local Governance

Experts see Trump's threat as a form of disenfranchisement, undermining the democratic process by suggesting that local elections are meaningless if he disapproves of the results. This tactic is reminiscent of historical instances of state governments overriding local authorities, often targeting minority populations.