Donald Trump is exposing how much of the presidency relies purely on tradition


President-elect Donald Trump has not released his tax returns. He has not given a formal press conference since his election. He wants his private security team to supplement the Secret Service. He is skipping many intelligence briefings because he is, "like, a smart person." And none of those things — along with many of the incoming president's other unconventional choices — are against the law.
As Politico explains in a new analysis Friday, Trump's decision to flout tradition at every turn "is shining a light on how much of the American political system is encoded in custom," not law. Much of what we expect the president to do and say is not grounded in any requirement more formal than longstanding practice — and that suits Trump just fine. "If it's not written down, you can get away with it," says Trump biographer Gwenda Blair. "That's the new premise."
The question once Trump takes office is how much he will push boundaries with real legal heft. As a candidate, Trump "said things that were clearly unconstitutional, but there's no legal prohibition about saying you're going to do something unconstitutional," explains Richard Painter, formerly chief White House ethics lawyer under President George W. Bush. But there is a legal prohibition "against doing something unconstitutional," and Trump will have to learn the difference if he wants to avoid offering grounds for impeachment to critics ready to pounce.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
'Arise, Sir Goldenballs': David Beckham plays the long game in quest for knighthood
Talking Point Former footballer set to be knighted in King's birthday honours after years of snubs
-
Quiz of The Week: 31 May – 6 June
Have you been paying attention to The Week's news?
-
The Week Unwrapped: How did Japan become a space superpower?
Podcast Plus, why on earth are Labubu dolls so popular? Will buy-now-pay-later cause a new financial crisis?
-
Trump hits Africa, Middle East with new travel ban
Speed Read The travel ban bars visitors from 12 countries and restricts entry from seven
-
Elon Musk slams Trump's 'pork-filled' signature bill
speed read 'Shame on those who voted for it: you know you did wrong,' Musk posted on X
-
Depleted FEMA struggling as hurricane season begins
speed read FEMA has lost a third of its workforce amid DOGE cuts enforced by President Donald Trump
-
White House tackles fake citations in MAHA report
speed read A federal government public health report spearheaded by Robert F. Kennedy Jr. was rife with false citations
-
Judge blocks push to bar Harvard foreign students
speed read Judge Allison Burroughs sided with Harvard against the Trump administration's attempt to block the admittance of international students
-
Trump's trade war whipsawed by court rulings
Speed Read A series of court rulings over Trump's tariffs renders the future of US trade policy uncertain
-
Elon Musk departs Trump administration
speed read The former DOGE head says he is ending his government work to spend more time on his companies
-
Trump taps ex-personal lawyer for appeals court
speed read The president has nominated Emil Bove, his former criminal defense lawyer, to be a federal judge