Who Breaks The Law? Political Party And Crime

In recent years, the behaviour of some Republicans has raised questions about their commitment to upholding the law. This is particularly notable in the case of former President Donald Trump, who has repeatedly lied about the legitimacy of the 2020 election, even instigating a violent attack on the Capitol in an attempt to steal the election for himself. While many congressional Republicans initially denounced Trump's actions, most have since tried to deflect attention and avoid holding him accountable. This pattern of behaviour has been reflected in other Republican-controlled states, where lawmakers have disregarded Supreme Court rulings and passed laws that favour their own political agendas, indicating a concerning trend of Republican disregard for the rule of law.

Republicans and the rule of law

In recent years, the relationship between Republicans and the rule of law has been a complex and often contentious issue. While some Republicans uphold the rule of law as a foundational principle, there have been notable instances of Republican officeholders abandoning this principle in favour of partisan politics. This has led to concerns about the party's commitment to democracy and the rule of law.

The Rule of Law for Republicans

The organisation "Republicans for the Rule of Law" upholds the principle that no one is above the law, from citizens to the president. They believe in the American experiment in self-government, which can only survive if everyone agrees to abide by the laws and rules they make together. This includes respecting election outcomes, jury verdicts, and court decisions.

Abandoning the Rule of Law

However, since former President Trump, some Republican officeholders have been accused of abandoning the rule of law. This includes Trump's false claims about the 2020 presidential election being stolen and his subsequent attempts to steal the election, including threatening Republican leaders, harassing election workers, and pressuring Vice President Pence to violate the Constitution.

Partisan Politics

Many congressional Republicans initially condemned Trump's role in the violent January 6 attack on the Capitol. However, most have since deflected attention from holding Trump legally accountable, undermining the credibility of law enforcement agencies and officials in the process. House Speaker Kevin McCarthy, for example, has suggested opening an impeachment inquiry into President Biden without credible constitutional grounds.

State-Level Disregard

The disregard for the rule of law is not limited to federal politics. In Alabama, the Republican-controlled legislature ignored a US Supreme Court ruling that found racial discrimination in the state's congressional map. In Ohio, the Republican-controlled state legislature passed a law banning August special elections but later ignored their own law when it suited their political interests.

While not all Republicans abandon the rule of law, there is a concerning trend within the party that threatens the foundational principles of American society and government. As upstart Republican presidential candidate Vivek Ramaswamy stated, some Republicans seem willing to enact proposals "without the permission or forgiveness of Congress," indicating a potential disregard for democratic norms and the rule of law.

Republican control of state lawmaking bodies

As of 2025, Republicans are set to control the legislative process in nearly twice the number of states as Democrats. They will control the legislative process in 24 states, while Democrats will control 15. The remaining 11 states are either "split" control states, or the unique case of Nebraska, which has a unicameral legislature.

Of the 24 Republican-controlled legislatures, 22 states also have Republican governors. This means that, in theory, these states should be able to swiftly secure life, liberty, and the pursuit of happiness and property for their citizens.

However, it's important to note that having a Republican majority doesn't always translate into conservative limited government principles. Republican politicians are often criticized for failing to honor the foundational principles of American society and government.

Despite this, Republican control of state lawmaking bodies can have a significant impact on the lives of residents. State legislatures have primary responsibility for crafting and passing state laws that cover a wide range of issues, including education, healthcare, criminal justice, and infrastructure. They also play a crucial role in shaping state policies, providing a forum for the representation of diverse local interests, and ensuring a system of checks and balances on the governor's power.

Republican gerrymandering

Gerrymandering is the practice of setting electoral district boundaries to favour specific political interests. It often results in convoluted district shapes, and can be used to favour one party, protect incumbents, or maximise or minimise the impact of certain racial groups.

In the United States, redistricting takes place in each state about every ten years, following the decennial census. When one party controls the state's legislative bodies and governor's office, they are in a strong position to gerrymander district boundaries to their advantage.

In the lead-up to the 2010 elections, the Republican Party initiated a program called REDMAP, which recognised that the party in control of state legislatures would be able to set congressional and legislative district maps based on the census results, ensuring their control over the next ten years. The Republicans made significant gains in the 2010 elections, and by 2011-2012, some of the new district maps showed a clear Republican advantage through partisan gerrymandering.

In 2024, skewed maps gave Republicans advantages in 11 states, mostly in the South and Midwest. Texas and Florida, which gained the most congressional seats this decade, are key states anchoring the Republican advantage. In Texas, Democrats hold only 13 of 38 seats, despite getting between 46 and 48% of the vote in recent statewide federal elections. The median Freedom to Vote Act-compliant map would have given them 18 Democratic districts. In Florida, Republicans transformed a 16-11 edge in the state's congressional delegation into an astonishing 20-8 advantage.

Other states contributing to the Republican advantage include North Carolina, Ohio, Indiana, Iowa, South Carolina, and Utah. In Tennessee and Georgia, Republicans gained seats by dividing diverse and heavily Democratic areas among multiple districts.

Gerrymandering in the aforementioned states played a significant role in helping Republicans retain control of the House in 2024. While Democrats were able to keep the fight close due to fairer maps in some states, gerrymandering in key states like North Carolina and Georgia ultimately tipped the scales in favour of the Republicans.

Republican views on immigration

The Republican Party has a range of views on immigration, with a focus on national security and the rule of law. While the party has always been divided on the specifics of immigration laws, there are some common beliefs among Republicans. Firstly, they believe in the importance of having a system in place to distinguish between legal and illegal immigrants, with benefits and resources being provided only to those who enter the country through legal methods. Republicans argue that amnesty for those who break immigration laws encourages future illegal immigration. They also support the use of biometric data and increased border security measures, such as the US VISIT system, to track immigrants entering and leaving the country.

The Republican Party prioritises legal immigrants when granting citizenship, with a focus on family and skill. They believe that children and spouses of legal immigrants, as well as individuals with valuable skills, should be given priority. While Republicans recognise the contributions of immigrants to the country, they emphasise the importance of following legal processes. They support increasing H-1B visas for high-tech workers and expanding the H-2A program for temporary agricultural workers.

Some Republicans, such as House Speaker John Boehner, have proposed immigration reform plans. Boehner's plan includes a post-reform, no-tolerance policy for illegal border crossings, with no path to citizenship for lawbreakers. Instead, they may be allowed to reside in the country if they meet certain conditions, such as passing background checks, paying fines and back taxes, and learning English. Boehner's plan also includes an entry-exit visa tracking system and a focus on employment-based visas.

In contrast to Democrats, Republicans generally do not support a path to citizenship for illegal immigrants. While some Republicans believe that illegal immigrants could benefit the workforce if legalised, they do not agree with granting full citizenship. This differs from the Democratic view, which often includes a road to citizenship for undocumented immigrants.

Overall, the Republican Party takes a hard line on illegal immigration, emphasising border security and the rule of law. They believe in supporting legal immigration while deterring and penalising illegal entry into the country. This stance has evolved over time, with immigration becoming a more polarising issue in recent years, especially with the election of President Trump in 2016, who promised to build a wall between the US and Mexico.

Republican views on election results

A survey from the Associated Press-NORC Center for Public Affairs Research and USAFacts found that Republicans are more likely to trust former President Donald Trump than official election results. Many Republicans believe that the 2020 election was rigged against Trump and that the current president, Joe Biden, was not legitimately elected. This belief persists despite dozens of failed court challenges, reviews, recounts, and audits in battleground states affirming Biden's win, as well as statements from Trump's own attorney general that there was no evidence of widespread fraud.

Trump has continued to lie about the outcome of the 2020 election, signalling to his supporters that he can only lose the 2024 election through widespread fraud. This has led to concerns that a significant number of Republicans might be more inclined to believe Trump's claims about election results than official certifications.

Some Republicans' distrust of election results predates the 2020 election, with suspicions arising as early as the 2000 U.S. presidential race between George W. Bush and Al Gore. This distrust has been fuelled by conservative media outlets like Fox News and social media platforms, where misinformation can spread easily.

However, not all Republicans share this distrust of election results. The group "Republicans for the Rule of Law" advocates for abiding by election outcomes and upholding the principle that no one is above the law, including the president. They have launched a $2 million ad campaign urging the Supreme Court to reject any claims of executive privilege by the president.

While many congressional Republicans initially condemned Trump's role in the violent attack on the Capitol on January 6, 2021, most have since tried to deflect attention from holding him legally accountable. House Speaker Kevin McCarthy, a Trump ally, has even suggested opening an impeachment inquiry into President Biden, despite there being no credible constitutional basis for such an inquiry.

The Republican Party's response to Trump's false claims and attempts to subvert the election results highlights a tension within the party between those who prioritize partisan politics and those who advocate for abiding by election outcomes and upholding the rule of law.

Frequently asked questions