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      Republicans Are Finding Out That ‘Pro-Life’ Means a Lot of Things to a Lot of People

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      Electoral results since the Dobbs v. Jackson Women’s Health Organization decision should tell a lot of people in the Republican Party something they absolutely do not want to hear: Even rank-and-file G.O.P. voters are not as pro-life as we might have thought when Roe v. Wade was the law of the land.That trend was confirmed last month in Ohio — the latest sign that the Republican Party needs to figure out a new way of addressing abortion.Many conservatives may call themselves pro-life, but in practice, that may be a more aspirational statement than an accurate reflection of hard policy views. Perhaps by figuring out what it now means to be pro-life — and recognizing that pro-life policy is easiest to sell only when it amounts to a ban on abortions later in pregnancy — Republicans can come up with a new approach to the politics of the issue.Before Roe was overturned, the term “pro-life” covered a lot of ground — which was useful over decades in galvanizing a broad coalition willing to use abortion as a political cudgel. As Republicans are finding out today, “pro-life” means many things to many people.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Is Trump Disqualified From Holding Office? The Question Matters, Beyond Him.

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      State courts in Colorado, Michigan, Minnesota and elsewhere have so far declined to rule in favor of challenges asserting that Donald Trump should be disqualified from holding the presidency again under Section 3 of the 14th Amendment. (Cases in Michigan and Colorado have been appealed.)Challengers assert that Mr. Trump is barred because, as stated in Section 3, he was an officer of the United States who, after taking an oath to support the Constitution, “engaged in insurrection or rebellion against” the country, or gave “aid or comfort to the enemies thereof,” before and during the Jan. 6, 2021, attack on the Capitol.Mr. Trump and his campaign have called this claim an “absurd conspiracy theory” and efforts to bar him “election interference.” Some election officials and legal scholars — many of them otherwise opposed to the former president — have also been critical of the efforts.The Georgia secretary of state, Brad Raffensperger, writes that invoking Section 3 “is merely the newest way of attempting to short-circuit the ballot box.” Michael McConnell, a former judge and professor at Stanford Law School, claims that keeping Mr. Trump off the ballot on grounds that are “debatable at best is not something that will be regarded as legitimate.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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      The Trump Threat Is Growing. Lawyers Must Rise to Meet This Moment.

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      American democracy, the Constitution and the rule of law are the righteous causes of our times, and the nation’s legal profession is obligated to support them. But with the acquiescence of the larger conservative legal movement, these pillars of our system of governance are increasingly in peril. The dangers will only grow should Donald Trump be returned to the White House next November.Recent reporting about plans for a second Trump presidency are frightening. He would stock his administration with partisan loyalists committed to fast-tracking his agenda and sidestepping — if not circumventing altogether — existing laws and long-established legal norms. This would include appointing to high public office political appointees to rubber-stamp his plans to investigate and exact retribution against his political opponents; make federal public servants removable at will by the president himself; and invoke special powers to take unilateral action on First Amendment-protected activities, criminal justice, elections, immigration and more.We have seen him try this before, though fortunately he was thwarted — he would say “betrayed”— by executive branch lawyers and by judges who refused to go along with his more draconian and often unlawful policies and his effort to remain in office after being cast out by voters. But should Mr. Trump return to the White House, he will arrive with a coterie of lawyers and advisers who, like him, are determined not to be thwarted again.The Federalist Society, long the standard-bearer for the conservative legal movement, has failed to respond in this period of crisis.That is why we need an organization of conservative lawyers committed to the foundational constitutional principles we once all agreed upon: the primacy of American democracy, the sanctity of the Constitution and the rule of law, the independence of the courts, the inviolability of elections and mutual support among those tasked with the solemn responsibility of enforcing the laws of the United States. This new organization must step up, speak out and defend these ideals.Leaders of the legal profession should be asking themselves, “What role did we play in creating this ongoing legal emergency?” But so far, there has been no such post-mortem reflection, and none appears on the horizon. Many lawyers who served in the last administration — and many on the outside who occupy positions of influence within the conservative legal community — have instead stood largely silent, assenting to the recent assaults on America’s fragile democracy.We were members of the Federalist Society or followed the organization early in our careers. Created in response to left-liberal domination of the courts, it served a principled role, connecting young lawyers with one another and with career opportunities, promoting constitutional scholarship and ultimately providing candidates for the federal bench and Supreme Court.But the Federalist Society has conspicuously declined to speak out against the constitutional and other legal excesses of Mr. Trump and his administration. Most notably, it has failed to reckon with his effort to overturn the last presidential election and his continued denial that he lost that election. When White House lawyers are inventing cockamamie theories to stop the peaceful transition of power and copping pleas to avoid jail time, it’s clear we in the legal profession have come to a crisis point.We are thankful that there were lawyers in the Trump administration who opted to resign or be fired rather than advance his flagrantly unconstitutional schemes. They should be lauded.But these exceptions were notably few and far between. More alarming is the growing crowd of grifters, frauds and con men willing to subvert the Constitution and long-established constitutional principles for the whims of political expediency. The actions of these conservative Republican lawyers are increasingly becoming the new normal. For a group of lawyers sworn to uphold the Constitution, this is an indictment of the nation’s legal profession. Any legal movement that could foment such a constitutional abdication and attract a sufficient number of lawyers willing to advocate its unlawful causes is ripe for a major reckoning.We must rebuild a conservative legal movement that supports and defends American democracy, the Constitution and the rule of law and that incentivizes and promotes those lawyers who are prepared to do the same. To that end, we have formed a nonprofit organization, the Society for the Rule of Law Institute, to bring sanity back to conservative lawyering and jurisprudence.There is a need and demand for this new legal movement that the legal profession can readily meet. Pro-democracy, pro-rule-of-law lawyers who populate our law school campuses, law firms and the courts decry what is happening in our profession. They deserve an outlet to productively channel these sentiments.Originally formed in 2018 as Checks & Balances during what we took to be the height of Mr. Trump’s threat to the rule of law, the organization spoke out against his transgressions. Since then, the legal landscape has deteriorated to a degree we failed to imagine, with Mr. Trump and his allies explicitly threatening to upend fundamental tenets of the American constitutional system if returned to power.We believe it is necessary to build a legal movement with the capability to recruit and engage dues-paying members, file legal briefs, provide mentorship and career opportunities, convene supporters and speak out as vocally and forthrightly as is necessary to meet the urgency that this moment requires.First and foremost, this movement will work to inspire young legal talent and connect them with professional opportunities that will enable them to fulfill their vast potential without having to compromise their convictions.Second, the movement will focus on building a large body of scholarship to counteract the new orthodoxy of anti-constitutional and anti-democratic law being churned out by the fever swamps. The Constitution cannot defend itself; lawyers and legal scholars must. Conservative scholars like the former federal appellate judges Michael McConnell and Thomas Griffith and the law professor Keith Whittington, who joins Yale from Princeton next year, are models for a new and more responsible conservative legal movement.Third and most important, we will marshal principled voices to speak out against the endless stream of falsehoods and authoritarian legal theories that are being propagated almost daily. To do otherwise would be to cede the field to lawyers of bad faith. We have seen in recent years what the unchecked spread of wildly untrue and anti-democratic lies gets us. We lawyers have a gift for advocacy and persuasion; we must use it.While those in the pro-democracy legal community — many of them progressives — might disagree with our overall legal philosophy, we welcome them with open arms. We are at a point when commitment to fundamental classical liberal tenets of our republican form of government is far more important than partisan politics and political party — and even philosophical questions about the law. Our country comes first, and our country is in a constitutional emergency, if not a constitutional crisis. We all must act accordingly, especially us lawyers.The writers are lawyers. George Conway was in private practice. J. Michael Luttig was a judge on the United States Court of Appeals for the Fourth Circuit from 1991 to 2006. Barbara Comstock represented Virginia’s 10th District in Congress from 2015 to 2019. They serve on the board of the newly formed Society for the Rule of Law Institute, formerly called Checks & Balances.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      in Elections

      Colorado Judge Keeps Trump on Ballot in 14th Amendment Case

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      A district court judge ruled that former President Donald J. Trump “engaged in insurrection” but said the disqualification clause of the 14th Amendment did not apply to him.A Colorado judge ruled on Friday that former President Donald J. Trump could remain on the primary ballot in the state, rejecting the argument that the 14th Amendment prevents him from holding office again — but doing so on relatively narrow grounds that lawyers for the voters seeking to disqualify him said they would appeal.With his actions before and during the Jan. 6, 2021, attack on the U.S. Capitol, Judge Sarah B. Wallace ruled, Mr. Trump engaged in insurrection against the Constitution, an offense that Section 3 of the 14th Amendment — which was ratified in 1868 to keep former Confederates out of the government — deems disqualifying for people who previously took an oath to support the Constitution.But Judge Wallace, a state district court judge in Denver, concluded that Section 3 did not include the presidential oath in that category.The clause does not explicitly name the presidency, so that question hinged on whether the president was included in the category “officer of the United States.”Because of “the absence of the president from the list of positions to which the amendment applies combined with the fact that Section 3 specifies that the disqualifying oath is one to ‘support’ the Constitution whereas the presidential oath is to ‘preserve, protect and defend’ the Constitution,” Judge Wallace wrote, “it appears to the court that for whatever reason the drafters of Section 3 did not intend to include a person who had only taken the presidential oath.”“Part of the court’s decision,” she continued, “is its reluctance to embrace an interpretation which would disqualify a presidential candidate without a clear, unmistakable indication that such is the intent of Section 3.”She added in a footnote that it was “not for this court to decide” whether the omission of the presidency was intentional or an oversight.Steven Cheung, a spokesman for Mr. Trump, said in a statement: “We applaud today’s ruling in Colorado, which is another nail in the coffin of the un-American ballot challenges.” He added, “These cases represent the most cynical and blatant political attempts to interfere with the upcoming presidential election by desperate Democrats who know Crooked Joe Biden is a failed president on the fast track to defeat.”Mario Nicolais, one of the lawyers representing the six Colorado voters who filed the lawsuit in September, said he was encouraged by the narrow grounds on which they had lost — not on the substance of Mr. Trump’s actions, but on the scope of the amendment’s applicability. The voters will appeal to the Colorado Supreme Court within three days, but the United States Supreme Court will most likely have the final say.“The court found that Donald Trump engaged in insurrection after a careful and thorough review of the evidence,” Mr. Nicolais said. “We are very pleased with the opinion and look forward to addressing the sole legal issue on appeal, namely whether Section 3 of the 14th Amendment applies to insurrectionist presidents. We believe that it does.”Judge Wallace is the first judge to rule on the merits of whether Section 3 applies to Mr. Trump. Similar lawsuits in Minnesota and New Hampshire have been dismissed on procedural grounds, and a judge in Michigan recently ruled that the questions were political ones that courts did not have the authority to decide. The plaintiffs in Michigan have appealed that ruling.Judge Wallace’s assessment of Mr. Trump’s behavior before and on Jan. 6 was damning, and, notably, she rejected his lawyers’ argument that the First Amendment protected him. His words and actions, she wrote, met the criteria set by the Supreme Court in Brandenburg v. Ohio for distinguishing incitement from protected speech.“Trump acted with the specific intent to incite political violence and direct it at the Capitol with the purpose of disrupting the electoral certification,” she wrote. “Trump cultivated a culture that embraced political violence through his consistent endorsement of the same.”Referring to his speech on the Ellipse on Jan. 6, in which he told his supporters that they needed to “fight like hell” and that they were justified in behaving by “very different rules,” Judge Wallace said, “Such incendiary rhetoric, issued by a speaker who routinely embraced political violence and had inflamed the anger of his supporters leading up to the certification, was likely to incite imminent lawlessness and disorder.”Jena Griswold, the Colorado secretary of state, said she would obey whatever ruling was in place on Jan. 5, 2024, the state’s deadline for certifying candidates to the primary ballot. Ms. Griswold, a Democrat, is responsible for that certification, and the effect of Judge Wallace’s ruling was to order her to include Mr. Trump.But, while emphasizing that she was not saying whether the judge was right or wrong about the scope of Section 3, she said she found the notion that the presidency was excluded “deeply problematic.”“The idea that the presidency itself is a get-out-of-jail-free card for insurrection and rebellion, I think, is striking,” she said in an interview Friday night. Referring to Judge Wallace’s conclusion that Mr. Trump had engaged in insurrection, she added: “I think that court determination in itself is incredibly powerful for the country.”The decision followed a weeklong trial in which lawyers for the plaintiffs called eight witnesses to build their case for Mr. Trump’s disqualification, relying in particular on the testimony of two professors.Peter Simi, an expert on political extremism, testified that far-right groups routinely relied on implicit, plausibly deniable calls for violence, and that Mr. Trump had communicated with them in that way — an argument presented to rebut the defense that he never explicitly told anyone to storm the Capitol. And Gerard Magliocca, an expert on Section 3 of the 14th Amendment, testified that at the time it was ratified, “engaging in insurrection” had been understood to include verbal incitement of force to prevent the execution of the law.Mr. Trump’s lawyers called one expert, Robert Delahunty, a law professor who testified that Section 3 was vague and that it should be up to Congress to define it. Their other witnesses included a former Defense Department official who said Mr. Trump had pre-emptively authorized the use of National Guard troops to prevent violence on Jan. 6 — followed by people who were at Mr. Trump’s rally on the Ellipse that day, who testified that they had not heard his words as a call to violence and that the crowd had been peaceful before part of it turned violent. More

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      in Elections

      Minnesota Justices Rebuff Attempt to Bar Trump From Ballot Under 14th Amendment

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      In rejecting a petition arguing that former President Donald J. Trump was ineligible, the Minnesota Supreme Court did not rule on the merits and said the claims could be filed again later.The Minnesota Supreme Court on Wednesday dismissed a petition seeking to disqualify former President Donald J. Trump from holding office again under the 14th Amendment.Election officials and the courts did not have the authority to stop the Republican Party from offering Mr. Trump as a primary candidate, the justices found. They did not rule on the merits of the petitioners’ constitutional argument: that Mr. Trump’s actions before and during the Jan. 6, 2021, attack on the Capitol amounted to “engaging in insurrection” against the Constitution after taking an oath to support it.Section 3 of the 14th Amendment, ratified in 1868 to keep former Confederates out of the government, says anyone who has done that is ineligible to hold office.Minnesota’s presidential primary, scheduled for March, is “an internal party election to serve internal party purposes, and winning the presidential nomination primary does not place the person on the general election ballot as a candidate for president of the United States,” the court wrote in an order signed by Chief Justice Natalie E. Hudson, with no noted dissents.There is no law in Minnesota prohibiting a political party from putting a constitutionally ineligible candidate’s name on the ballot, it continued, and so “there is no error to correct here as to the presidential nomination primary.”The court emphasized that the petitioners were free to file the same claims again later, challenging Mr. Trump’s inclusion on the general-election ballot if he wins the Republican nomination. For now, it did not address the constitutional questions surrounding whether the 14th Amendment applies to Mr. Trump.Though the ruling was procedural, Mr. Trump’s campaign promoted it as a substantive victory. Steven Cheung, a campaign spokesman, called it “further validation of the Trump campaign’s consistent argument that the 14th Amendment ballot challenges are nothing more than strategic, unconstitutional attempts to interfere with the election by desperate Democrats who see the writing on the wall.”Ron Fein, the legal director at Free Speech for People, the left-leaning group that filed the case on behalf of a group of Minnesota voters and is also suing in other states, said: “We are disappointed by the court’s decision. However, the Minnesota Supreme Court explicitly recognized that the question of Donald Trump’s disqualification for engaging in insurrection against the U.S. Constitution may be resolved at a later stage.”The Minnesota petition is the second case challenging Mr. Trump’s eligibility that has been dismissed on procedural grounds, after one in New Hampshire. No court has yet ruled on the merits of the 14th Amendment argument.A state district court judge in Colorado is expected to rule in a similar case in the coming weeks after a recent five-day hearing. More

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      Donald Trump’s Abortion Shell Game

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      As a candidate for president in 2016, Donald Trump promised to put “pro-life justices” on the Supreme Court. He even issued a list of potential nominees that featured some of the most conservative judges in the country.As president, Trump made good on his promise, appointing three of the six justices who voted last year to overturn the Supreme Court’s precedent in Roe v. Wade and end, after years of erosion, the constitutional right to an abortion.Each of these appointments — Neil Gorsuch in 2017, Brett Kavanaugh in 2018 and Amy Coney Barrett in 2020 — was a landmark occasion for the Trump administration and a major victory for the conservative movement. Trump used his court picks to energize Republican voters ahead of the 2020 presidential election and, later, took credit for the court’s decision in Dobbs v. Jackson Women’s Health Organization, the case that made Roe obsolete.The Dobbs decision, Trump said in a statement, was “the biggest WIN for LIFE in a generation” and was “only made possible because I delivered everything as promised, including nominating and getting three highly respected and strong Constitutionalists confirmed to the United States Supreme Court.” It was, he continued, “my great honor to do so!”As recently as last week, in remarks to the Concerned Women of America Summit, Trump bragged about the anti-abortion record of his administration. “I’m also proud to be the most pro-life president in American history,” he said. “I was the first sitting president ever to attend the March for Life rally right here in Washington, D.C.” The biggest thing, he emphasized, was his appointment of three Supreme Court justices who “ruled to end the moral and constitutional atrocity known as Roe v. Wade.”“Nobody thought that could be done,” Trump said.Whether or not Trump is personally opposed to abortion is immaterial. The truth, established by his record as president, is that he is as committed to outlawing abortion in the United States as any other conservative Republican.There is no reason, then, to take seriously his remarks on Sunday, in an interview on NBC’s “Meet the Press,” where he criticized strict abortion bans and tried to distance himself from the anti-abortion policies of his rivals for the Republican presidential nomination. “I think what he did is a terrible thing and a terrible mistake,” Trump said, taking aim at Gov. Ron DeSantis’s decision to sign a six-week ban into law in Florida in April. Trump also rejected the 15-week federal ban pushed by his former vice president, Mike Pence, and promised to negotiate a compromise with Democrats on abortion. “Both sides are going to like me,” he said. “I’m going to come together with all groups, and we’re going to have something that’s acceptable.”Trump is triangulating. He sees, correctly, that the Republican Party is now on the wrong side of the public on abortion. By rejecting a blanket ban and making a call for compromise with Democrats, Trump is trying to fashion himself as an abortion moderate, a strategy that also rests on his pre-political persona as a liberal New Yorker with a live-and-let-live attitude toward personal behavior.There is a real chance this could work. In 2016, voters did not see Trump as a conservative figure on either abortion or gay rights, despite the fact that he was the standard-bearer for the party that wanted restrictions on both. It would be a version of the trick he pulled on Social Security and Medicare, where he posed as a defender of programs that have been in the cross-hairs of conservative Republicans since they were created.But there’s an even greater chance that this gambit falls flat. There are the Democrats, who will have his record to highlight when they go on the offensive next year, assuming he’s on the ballot as the Republican nominee. There is the political press, which should highlight the fact that Trump is directly responsible for the end of Roe (so far, it mostly has). And there are his rivals, like DeSantis, who are already pressing Trump to commit to further anti-abortion policies in a second term.It’s probably no accident then that Trump went to Iowa — where the Florida governor is investing the full resources of his campaign — to remind voters of his role in ending Roe. “They couldn’t get the job done. I got the job done,” Trump said. “I got it done. With the three Supreme Court justices that I appointed, this issue has been returned to the states, where all legal scholars on both sides said it should be. Of course, now the pro-life community has tremendous negotiating power.”Trump is no longer the singular figure of 2016. He is enmeshed within the Republican Party. He has real commitments to allies and coalition partners within the conservative movement. He is the undisputed leader of the Republican Party, yes, but he can’t simply jettison the abortion issue, which remains a central concern for much of the Republican base.“We’re at a moment where we need a human rights advocate, someone who is dedicated to saving the lives of children and serving mothers in need. Every single candidate should be clear on how they plan to do that,” Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, said in a statement issued in response to Trump’s comments on “Meet the Press.”Trump will have to talk about abortion again and again, in a context that does him no political favors.There is a larger point to make here. Because we are almost certain to see a rematch between Joe Biden and Donald Trump, it is easy to think that the next election will be a replay of the previous one in much the same way that the 1956 contest between Dwight Eisenhower and Adlai Stevenson was virtually identical to the one in 1952.But conditions will be very different in 2024 from what they were in 2020. Trump will not be an incumbent and, according to my colleague Nate Cohn, he may not have the same scale of Electoral College advantage he enjoyed in his previous races. He’ll be under intense legal scrutiny and, most important, he’ll be a known quantity.The public won’t have to imagine a Trump presidency. It will already know what to expect. And judging from Trump’s attempt to get away from his own legacy, he probably knows that a majority of the voting public isn’t eager to experience another four years with him at the helm.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      How Biden’s View on Presidential War Powers Has Shifted

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      The president says he can direct limited military operations without lawmakers’ approval. Most G.O.P. presidential candidates, including Donald J. Trump, did not answer a survey on executive power.If he is elected to a second term, President Biden pledged that he will go to Congress to start any major war but said he believed he was empowered “to direct limited U.S. military operations abroad” without such approval when such strikes served critical American interests.“As president, I have taken great care to ensure that military actions carried out under my command comply with this constitutional framework and that my administration consults with Congress to the greatest extent possible,” he wrote in response to a New York Times survey of presidential candidates about executive power.“I will continue to rigorously apply this framework to any potential actions in the future,” he added.The reply stood in contrast to his answer in 2007, when he was also running for president and, as a senator, adopted a narrower view: “The Constitution is clear: Except in response to an attack or the imminent threat of attack, only Congress may authorize war and the use of force.”In the survey, The New York Times asked major presidential candidates to lay out their understanding of issues that can be critical to the outcome of policy fights but about which they are rarely asked: the scope and limits of a president’s power to act unilaterally or in defiance of statutes, particularly in war, secrecy and law enforcement.Mr. Biden’s answers showed how his view of executive power evolved over years in the White House — eight as Barack Obama’s vice president and now nearly three as president.Only a handful of candidates for the Republican nomination engaged in the survey, including former Vice President Mike Pence, former Gov. Asa Hutchinson of Arkansas and Mayor Francis Suarez of Miami before he suspended his campaign late last month.Vivek Ramaswamy, a businessman and entrepreneur, answered only about half of the 14 questions, and former President Donald J. Trump declined to participate altogether, as did Gov. Ron DeSantis of Florida and Nikki Haley, the former ambassador to the United Nations, among others.The Times has published in full the answers of participants, including Mr. Biden and two of his Democratic challengers, Robert F. Kennedy Jr. and Marianne Williamson.Notably, Mr. Biden declined to embrace the idea of curtailing emergency powers Congress enacted that presidents can activate if they declare that there are exigent circumstances, said Jack Goldsmith, a Harvard Law School professor and former senior Justice Department lawyer in the Bush administration.Mr. Trump invoked emergency powers to spend more on a border wall than lawmakers were willing to appropriate, and the Biden administration invoked the authority for a plan to forgive more than $400 million in student debt. (The Supreme Court struck down the proposal over the summer.) There are bipartisan proposals in Congress to impose new curbs, such as by ensuring that national emergencies terminate after 30 days unless lawmakers affirm a presidential declaration.Asked whether he would sign such a bill, Mr. Biden instead made a vague remark about “working with Congress on devising sensible solutions to the challenges we face as a nation.” He added that he would use every tool at his disposal to respond to emergencies.“If Biden is not open to reform — and his answer was as noncommittal as he could be without saying he was not open to it — then it is likely dead on arrival,” Professor Goldsmith said.On the topic of pardons, every candidate who answered the survey said that a president cannot pardon himself. While in office, Mr. Trump claimed he had a legal right to do so, but that is an ambiguous and untested constitutional question. It could become important if he wins the 2024 election even as he faces criminal charges in two federal cases.Former President Donald J. Trump claimed he had the legal right to pardon himself.Doug Mills/The New York TimesIndeed, while Mr. Trump did not participate in the survey, many of its questions addressed disputed assertions of executive power he made as president, and he and his allies are openly planning to expand his authority over the machinery of government if he wins in 2024. Mr. DeSantis has also pushed an expansive view of executive powers as Florida governor.The refusal by the two men and most other G.O.P. contenders to answer questions on the powers they are seeking from voters reflects a party shift that emerged in the 2016 primary, which Mr. Trump upended by becoming the front-runner ahead of establishment candidates.Other Republican presidential hopefuls in the current primary campaign who declined to answer the questions included Senator Tim Scott of South Carolina, Chris Christie, the former governor of New Jersey, Gov. Doug Burgum of North Dakota, and Will Hurd, a former representative of Texas.By contrast, most major Republican primary candidates in 2007 and 2011 were willing to answer the versions of the questions put to them those years, including the party’s eventual nominees, John McCain and Mitt Romney.Four years ago, 17 Democrats vying for their party’s nomination to challenge Mr. Trump also participated in the project. Mr. Biden was among them, making his answers this cycle the third time he has participated. (His willingness to do so as an incumbent seeking re-election also stood in contrast to Mr. Obama, who declined to participate in 2011.)In 2019, Mr. Biden had already shifted to embracing the view, adopted by the executive branch under administrations of both parties, that presidents have broader constitutional authority to carry out limited attacks on other countries without congressional authorization, so long as it falls short of full-scale war.As president, both Mr. Trump and Mr. Biden used force unilaterally, citing their claimed constitutional authority to use military force without congressional permission. In April 2017 and again in April 2018, Mr. Trump directed airstrikes against Syrian government forces, and Mr. Biden in June 2021 and in August 2022 directed airstrikes on Iranian-backed militia groups in Syria.Mr. Pence, who was vice president at the time of Mr. Trump’s strikes, said: “As commander in chief, the president has a constitutional duty to use his executive authority to protect the country from imminent threats. Whether a threat is imminent is a matter of judgment, and it is essential the president be a person of character, experience, and competence whose judgment the American people can trust.”To be sure, just because candidates commit to respecting a limit while on the campaign trail does not mean they will follow through once in office. But their legal policy statements can offer a way to analyze and bring attention to any departure from what they told voters.In 2019, for example, Mr. Biden said that if elected, he would order the Justice Department to review and potentially replace a legal policy memo that says sitting presidents are temporarily immune from indictment. He strongly criticized the department’s interpretation of the Constitution, which limited the special counsel investigating the Trump campaign’s ties to Russia and Mr. Trump’s attempts to impede that inquiry, Robert S. Mueller III.But Mr. Biden never followed through on that pledge. He is now protected himself by the Justice Department’s theory since a special counsel, Robert Hur, is investigating how several classified documents were in his possession when he left the vice presidency.In his survey answers this time, Mr. Biden sidestepped a question about that issue, instead offering a vague statement about Justice Department independence.“As president, I have fulfilled my campaign promise of restoring a strong and independent Department of Justice led by top-flight legal professionals dedicated to realizing the ideal that this nation was founded on of equal justice under the law,” he wrote. “This means no one is above the law — especially the president of the United States.” More

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      Republicans Don’t Mind the Constitution. It’s Democracy They Don’t Like.

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      “A very large portion of my party,” Senator Mitt Romney of Utah tells McKay Coppins of The Atlantic, “really doesn’t believe in the Constitution.”Romney doesn’t elaborate further in the article, and Coppins, who spoke to him in depth and at length, beginning in 2021, for a forthcoming biography, does not speculate on what exactly Romney meant with this assessment of his co-partisans.If Romney was using “the Constitution” as a rhetorical stand-in for “American democracy,” then he’s obviously right. Faced with a conflict between partisan loyalty and ideological ambition on one hand and basic principles of self-government and political equality on the other, much of the Republican Party has jettisoned any commitment to America’s democratic values in favor of narrow self-interest.The most glaring instance of this, of course, is Donald Trump’s attempt to overturn the results of the 2020 presidential election, which was backed by prominent figures in the Republican Party, humored by much of the Republican establishment and affirmed, in the wake of an insurrectionary attack on the Capitol by supporters of the former president, by a large number of House and Senate Republican lawmakers who voted to question the results.Other examples of the Republican Party’s contempt for democratic principles include the efforts of Republican-led state legislatures to write political majorities out of legislative representation with extreme partisan gerrymanders; the efforts of those same legislatures to raise new barriers to voting in order to disadvantage their political opponents; and the embrace of exotic legal claims, like the “independent state legislature theory,” meant to justify outright power grabs.In just the past few months, we’ve seen Tennessee Republicans expel rival lawmakers from the State Legislature for violating decorum by showing their support for an anti-gun protest on the chamber floor, Florida Republicans suspend a duly elected official from office because of a policy disagreement, Ohio Republicans try to limit the ability of Ohio voters to amend the State Constitution by majority vote, Wisconsin Republicans float the possibility that they might try to nullify the election of a State Supreme Court justice who disagrees with their agenda and Alabama Republicans fight for their wholly imaginary right to discriminate against Black voters in the state by denying them the opportunity to elect another representative to Congress.It is very clear that given the power and the opportunity, a large portion of Republican lawmakers would turn the state against their political opponents: to disenfranchise them, to diminish their electoral influence, to limit or even neuter the ability of their representatives to exercise their political authority.So again, to the extent that “the Constitution” stands in for “American democracy,” Romney is right to say that much of his party just doesn’t believe in it. But if Romney means the literal Constitution itself — the actual words on the page — then his assessment of his fellow Republicans isn’t as straightforward as it seems.At times, Republicans seem fixated on the Constitution. When pushed to defend America’s democratic institutions, they respond that the Constitution established “a republic, not a democracy.” When pushed to defend the claim that state legislatures have plenary authority over the structure of federal congressional elections and the selection of presidential electors, Republicans jump to a literal reading of the relevant parts of Article I and Article II to try to disarm critics. When asked to consider gun regulation, Republicans home in on specific words in the Second Amendment — “the right of the people to keep and bear Arms, shall not be infringed” — to dismiss calls for reform.Trump tried to subvert American democracy, yes, but his attempt rested on the mechanisms of the Electoral College, which is to say, relied on a fairly literal reading of the Constitution. Both he and his allies took seriously the fact that our Constitution doesn’t require anything like a majority of the people to choose a president. Attacks on representation and personal freedom — the hyper-gerrymandering of legislatures to preserve and perpetuate minority rule and the attempts to limit or restrict the bodily autonomy of women and other Americans — have operated within the lines drawn by the Constitution, unimpeded or even facilitated by its rules for structuring our political system.Republicans, in other words, do seem to believe in the Constitution, but only insofar as it can be wielded as a weapon against American democracy — that is, the larger set of ideas, intuitions, expectations and values that shape and define political life in the United States as much as particular rules and institutions.Because it splits sovereignty between national and subnational units, because it guarantees some political rights and not others, because it was designed in a moment of some reaction against burgeoning democratic forces, the Constitution is a surprisingly malleable document, when it comes to the shaping of American political life. At different points in time, political systems of various levels of participation and popular legitimacy (or lack thereof) have existed, comfortably, under its roof.Part of the long fight to expand the scope of American democracy has been an ideological struggle to align the Constitution with values that the constitutional system doesn’t necessarily need to function. To give one example among many, when a Black American like George T. Downing insisted to President Andrew Johnson that “the fathers of the Revolution intended freedom for every American, that they should be protected in their rights as citizens, and be equal before the law,” he was engaged in this struggle.Americans like to imagine that the story of the United States is the story of ever greater alignment between our Constitution and our democratic values — the “more perfect union” of the Constitution’s preamble. But the unfortunate truth, as we’re beginning to see with the authoritarian turn in the Republican Party, is that our constitutional system doesn’t necessarily need democracy, as we understand it, to actually work.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More