Anaya Nolan
In recent years, Republican officeholders have been criticized for abandoning the rule of law and prioritizing partisan politics. This trend, which began during former President Donald Trump's administration, has continued and even intensified. Trump's disregard for the Constitution was evident in his attempts to steal the 2020 election and his administration's campaign to undermine elections, which ran afoul of the U.S. Constitution. Trump's actions have been supported and enabled by Republican lawmakers, who have sacrificed the rule of law for political gain. This includes ignoring Supreme Court rulings, such as in the case of Alabama's racial gerrymandering, and using legislative maneuvers to push through their agenda, as seen in Ohio's attempt to restrict abortion rights. With their actions, Republicans are threatening the foundational principles of the nation and the very fabric of American democracy.
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What You'll Learn
Trump's disregard for the rule of law
Since his election as the 47th president, Donald Trump has been accused of undermining the rule of law and the US Constitution. Trump's actions have been described as a "'blitzkrieg on the law' by legal experts, with some scholars pointing to his rapid-fire and controversial moves that have tested the extent of his presidential powers.
One of the most notable examples of Trump's disregard for the rule of law is his spending freeze, which legal experts argued violated the Constitution and the 1974 Impoundment Control Act. This Act allows presidents to withhold funds in limited circumstances, but only if they follow specific procedures, which Trump failed to do. Trump's spending freeze was seen as an attempt to ignore Congress's constitutional power of the purse.
Trump has also been criticised for his firing of 17 or 18 inspectors general, independent watchdogs who investigate waste, fraud, and potential criminal activity in the government. These firings have been described as "unprecedented and illegal" by constitutional law experts, as the National Labor Relations Act allows presidents to fire board members only for neglect of duty and malfeasance.
Furthermore, Trump has been accused of illegally pardoning violent criminals, stealing funds from programs that help American families and businesses, firing public servants, dissolving federal agencies, and taking taxpayer money from communities. He has also been criticised for his handling of the FBI and the Department of Justice, removing experienced officials and initiating plans to transfer or gut certain sections.
Trump's actions have weakened respect for the law and created rips in the constitutional fabric of the nation. His disregard for the rule of law has been compared to that of Richard Nixon, who broke the law during the Watergate scandal, but even Nixon, according to historian Julian Zelizer, didn't try to overturn parts of the Constitution.
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Republicans' abandonment of the rule of law
The Republican Party in the United States has been accused of abandoning the rule of law and instead opting for partisan politics. This trend can be traced back to former President Donald Trump, who repeatedly expressed a desire to ignore constitutional constraints on his power. Trump's false claims of a stolen election in 2020 culminated in the violent attack on the Capitol on January 6, as he and his allies attempted to seize power through a series of illicit schemes. Despite initial condemnation from many Republicans, most have since tried to deflect attention from holding Trump accountable for his role in the insurrection.
Trump's disregard for the rule of law has been evident in his attempts to undermine elections. He has claimed unilateral authority to regulate federal elections, usurping the powers of Congress, the states, and independent agencies. Trump's administration has also targeted law firms involved in litigation protecting voting rights, issuing executive orders revoking their security clearances and prohibiting the federal government from contracting with them. These actions violate the First Amendment and the constitutional separation of powers.
The Republican-controlled legislature in Alabama similarly ignored a Supreme Court ruling that found racial discrimination in the state's congressional map. Rather than complying with the ruling and creating two majority-Black districts, the Alabama legislature redraws the map with only one majority-Black district, denying fair representation to Black voters.
In Ohio, Republicans have also been accused of sacrificing the rule of law for partisan gain. The Ohio legislature scheduled a special election in August with the stated purpose of increasing the threshold of voters needed to pass any state constitutional amendment. However, the immediate goal is to increase the chances of defeating an amendment protecting abortion rights on the November ballot. By manipulating the election process, Ohio Republicans are prioritizing their political agenda over the rule of law and the rights of citizens.
Overall, the Republican Party's abandonment of the rule of law threatens the foundational principles of American democracy. The Constitution and the law are meant to serve as limits on political power, but Republicans have increasingly ignored or subverted them to advance their partisan agenda. This trend, which began with Trump's disregard for constitutional norms, continues to undermine the country's democratic institutions and the separation of powers.
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Conservative justices' skepticism of Congress
In recent years, Republicans have been criticised for abandoning the rule of law and instead pursuing raw partisan politics. This has included attempts by former President Trump to overturn the 2020 election results, which culminated in the violent attack on the Capitol on January 6, 2021. Trump has also been accused of usurping the constitutional powers of Congress and ignoring the Constitution's elections clauses.
The conservative majority in the Supreme Court has also been accused of enabling Trump's actions and not doing enough to hold him accountable. However, there are some signs that certain conservative justices, such as Chief Justice John Roberts and Justice Barrett, may be disenchanted with Trump's actions and could vote with the court's liberal justices on certain key occasions.
In terms of specific cases, the conservative justices have shown skepticism of Congress in a few notable instances. In the student loan case, the conservative majority found that the Biden administration's attempt to cancel student debt overstepped the power of Congress to control government spending. This decision was justified by Justice Barrett, who argued that Congress needed to provide more specific guidance to agencies.
In another case, West Virginia v. EPA, the conservative majority tossed out the Biden administration's attempt to regulate greenhouse gas emissions, arguing that Congress needed to speak clearly before a department secretary could alter large sections of the economy. This decision was criticised by Justice Kagan, who felt that the majority was striking down administrative actions they disagreed with.
Additionally, the conservative justices have been accused of pushing the unitary executive theory, which gives the president sole authority over the executive branch and allows him to fire members of independent agencies without cause. This theory has been criticised by Leah Litman, a law professor at the University of Michigan, who believes that the conservative justices are emboldening Trump and reverting to their own views of executive power.
Overall, while the conservative justices on the Supreme Court have shown some skepticism of Congress in certain cases, there are also concerns that they have enabled Trump's actions and abandoned the rule of law in favour of partisan politics.
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Republican-led gerrymandering
Gerrymandering is a political tactic that has been a thorn in the side of democracy for centuries. It involves redrawing electoral district boundaries to benefit a particular party, and it often results in oddly shaped districts that heavily favour one party. While both parties have engaged in gerrymandering, the bias in the 2020 cycle's maps strongly favours the Republicans, particularly in the South and Midwest. This is due to their aggressive gerrymandering in GOP strongholds, giving them an advantage of around 16 House seats in the 2024 race to control Congress.
In 2010, Republicans launched a successful campaign to win majorities in state legislatures, which gave them control over the drawing of 213 congressional districts. This allowed them to create some of the most extreme gerrymanders in history. For example, in Pennsylvania, Republicans gained a virtual lock on 13 of the state's 18 congressional districts, despite Democrats winning the majority of the statewide congressional vote.
Gerrymandering often targets the political power of communities of colour, especially in the South, where residential segregation makes it easier for map drawers to pack or crack these communities to achieve maximum political advantage. This form of gerrymandering was evident in Alabama, where the Republican-controlled legislature created a gerrymandered congressional map with only one Black-majority district, despite Black voters representing a quarter of the state's voting-age population.
Overall, Republican-led gerrymandering has had a significant impact on the electoral landscape, often tilting the playing field in their favour and reducing the competitiveness of elections.
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Trump's attempts to steal the 2020 election
The 47th president of the United States, Donald Trump, has been accused of attempting to steal the 2020 election. Trump and his supporters asserted that he was the winner of the election, and that large-scale voter and vote-counting fraud took place in several swing states. These claims were promoted by far-right news organisations and commentators, as well as Russian state media outlet RT. Despite a lack of evidence, Trump continued to spread these conspiracy theories, even as late as 2025.
Trump and his allies used "fake electors", threatened Republican leaders, harassed election workers, and pressured Vice President Pence to violate the Constitution. These actions culminated in the violent Trump-instigated attack on the Capitol on January 6, 2021. The insurrection aimed to stop the certification of President Joe Biden's victory. Trump's supporters, including far-right groups, rioted at the Capitol, resulting in a full-scale attempt to overturn the election results.
Trump's disregard for the rule of law and the Constitution has been evident throughout his career. He has expressed a desire to ignore the First and Fourteenth Amendments, the free press, and the Constitution's birthright-citizenship guarantee. Trump's actions have been enabled by Republican lawmakers, who have sacrificed the rule of law for partisan politics. This includes attempts to expunge Trump's impeachments and defy Supreme Court rulings. As a result, Trump's efforts to subvert the 2020 election have set a dangerous precedent for future elections, with Trump already taking steps to disrupt the 2026 and 2028 elections.
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Frequently asked questions
Republicans are ignoring the laws of the Constitution to further their own political agenda.
The US Constitution outlines the powers of the three branches of government and protects the rights of citizens.
Republicans have ignored the Constitution by attempting to influence policy on issues like campaign finance and voting rights, undermining elections, and harassing election workers.
The impact of Republicans ignoring the Constitution includes increased political spending, impeding freedom to vote, and threatening the rule of law.
Citizens, lawyers, and non-governmental organizations can challenge Republican actions in court and through public advocacy to defend the integrity of the Constitution and hold those accountable who ignore it.
