Our Republican Legacy (ORL) Policy Statement in Support of the Rule of Law

The issue. The Trump Administration has repeatedly demonstrated opposition to the rule of law. It has done so by flagrantly disregarding court orders; refusing to honor the text of the Constitution; denying the constitutional guarantee of due process; encroaching on the powers of co-equal branches of government; and weaponizing the executive branch to punish individuals and organizations who oppose the administration.

Any one of these acts should be cause for significant concern to all Americans. Each of them violates a core Republican principle to respect the Constitution. Together, they are a coordinated assault on the rule of law. At best, they can be explained as the result of ignorance. When asked whether as President he was required to uphold the Constitution, Trump responded: “I don’t know.”

For almost 250 years, leaders of each of the three branches of government have shared an understanding that they would respect the constitutional powers of co-equal branches of government and follow court orders. All three branches have always agreed that in the words of Chief Justice Marshall in Marbury v. Madison: “It is emphatically the province and duty of the judicial department to say what the law is.” Adherence to this shared understanding is what is meant by respect for the “rule of law.” This Administration has abandoned the rule of law with breathtaking recklessness.

Respecting the rule of law is not an issue solely for lawyers, legislators, and constitutional scholars. It is at the core of what it means to be an American. Responding to the Administration’s claim that it need not provide due process to all residents in this country, Judge J. Harvie Wilkinson said: “This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”

ORL policy position. ORL supports the rule of law.  We believe in the Constitution, the separation of powers among three branches of our federal government, the authority of Courts to interpret the law, and the independent and impartial enforcement of the law. We uphold the principle of due process for all.

Action required.

• ORL calls on every American - Republican, Democrat, and Independent - to let the Administration know that we oppose the Administration’s rejection of the rule of law. Whatever our differences on issues, we insist on the fundamental principle that respect for the rule of law is central to our republican form of government. 

• ORL demands that the President respect the Constitution and abide by court orders that apply to his Administration.

• ORL demands that the President renounce publicly the use of law enforcement as a weapon to punish individuals or entities who have opposed him or his Administration.

• ORL demands that the President cease punitive actions against law firms, universities, and any other persons or entities that take policy positions or represent clients adverse to the President.

• ORL demands that due process of law be accorded to every resident.

• ORL demands that the President cease in fomenting resistance to judges and court orders with which he disagrees.

• ORL calls on Congress to reclaim its legislative authorities under the Constitution and to resist Administration efforts to usurp its Article 1 powers and responsibilities.

• ORL applauds courts and judges for faithfully carrying out their Article 3 responsibilities regardless of threats and intimidation by this Administration.