Democrats Are More Constitutional Than Republicans Myth

MYTH: Democrats support the Constitution more than Republicans.

REALITY: This is false. Various surveys and studies show that Democrats are more unconstitutional and view the Constitution more negatively than Republicans.

Democrats are more likely to have an unfavorable view of the Constitution compared to Republicans and Independents. Almost half of Democrats believe the Constitution should be rewritten, and a majority of Democrats believe the Constitution is “rooted in racism” and is “a sexist document.”

They are also more likely to support unconstitutional measures like gun restrictions, government censorship, packing the court, vaccine mandates, and the eviction moratorium; while they’re more likely to oppose the Electoral College and the Supreme Court.

It’s clear when you look at all the evidence, Democrats are less supportive of the Constitution than Republicans.

(Check below for all the evidence)


According to a Heartland and Rasmussen Reports survey, 49% of Democrats think the Constitution should be mostly or completely rewritten, compared to 17% of Republicans and 28% of Independents who felt the same way. Republicans had a 93% favorable view of the Constitution, compared to 74% of Democrats.

The survey also found that a majority of Democrats viewed the Constitution as racist and sexist. “The Heartland Institute and Rasmussen Reports of 1,025 likely voters found that 57% of Democrats and 65% of liberals believe the Constitution is rooted in racism, and 64% of Democrats and 69% of liberals say the Constitution is a sexist document that gives men advantages over women.”


The 2nd Amendment of the United States— “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

According to an Economist/YouGov Poll from 2018, 73% of Democrats strongly support banning semi-automatic guns. These are most handguns and rifles. In addition, 58% of Democrats want stricter firearm regulations, compared to 14% of Republicans; and 24% of Democrats strongly support the removal of the 2nd Amendment, compared to 4% of Republicans.

According to a Morning Consult/Politico survey, conducted in June 2022, “Record-high shares of Democrats (90%) and independents (67%) back stronger gun restrictions, compared with 44% of Republicans.”

Democrats overwhelmingly want to restrict your Constitutional right to own a firearm. Almost 1 out of 4 Democrats want to abolish the 2nd Amendment, while 3 out of 4 Democrats want to ban semiautomatic guns.


The 1st Amendment of the United States Constitution— “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

According to a 2021 Pew Research survey, Democrats overwhelmingly support government censorship. “Today, 70% of Republicans say those freedoms should be protected, even it if means some false information is published. Nearly as many Democrats (65%) instead say the government should take steps to restrict false information, even if it means limiting freedom of information.”


Article II, Section 1 of the U.S. Constitution— “Each State shall appoint, in such Manner as the Legislature thereof may direct, several Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress”

According to a Hill-HarrisX poll, 60% of Democrats supported removing the Electoral College, while only 20% wanted to keep it, and the rest were unsure. In the same survey, 64% of Republicans supported keeping the Electoral College, while 25% supported removing it.


Article III, Section I of the United States Constitution— “The judicial Power of the United States, shall be vested in one supreme Court, and such inferior Courts as the Congress may from time to time ordain and establish.”

According to a Rasmussen Reports and the Heartland Institute survey, conducted in July 2022, “Only 33% of Democrats view the court favorably, while 63% have an unfavorable opinion of the court, including 40% of Democrats who have a Very Unfavorable view of the Supreme Court. By contrast, 72% of Republicans and 52% of independent voters have a favorable opinion of the court.”


According to a survey by Gallup, conducted in September 2021, “94% of Democrats supported vaccine requirements for federal government workers and hospital workers.” This was compared to 19% of Republicans in favor of mandatory vaccinations for federal workers, and 25% of Republicans in favor of mandatory vaccinations for hospital workers.

“93% of Democrats support vaccine requirements for employees at private companies with 100+ employees.” This was compared to 17% of Republicans who favored “vaccine requirements for employees at private companies with 100+ employees.”


The eviction moratorium is when the CDC made it illegal to evict tenants from rental properties during the COVID-19 pandemic. The CDC argued that evicting tenants during the pandemic would lead to the further spread of the virus.

The CDC claimed that they had the authority to implement this strategy, based on Section 361 of the Public Health Service Act. Section 361 of the Public Health Service Act gives the CDC the authority to “provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in [the Surgeon General’s] judgment may be necessary.”

In Texas, a landlord named Lauren Terkel had a tenant who refused to pay rent and was displaying aggressive behavior. She was unable to evict the tenant, because of the CDC order, despite the tenant not paying. Terkel argued that the CDC’s order was unconstitutional. She claimed that the federal government does not have the authority to halt evictions, saying it violated the commerce clause found in Article I of the Constitution. She decided to sue the CDC. She was represented by attorneys from Texas Public Policy Foundation (TPPF) and attorneys from the Southeastern Legal Foundation.

“The CDC order violates Lauren’s constitutional rights by forcing her to keep an unwanted person on her private property and blocks her from exercising her legal remedies under state law,” says TPPF Lead Counsel Robert Henneke. “The federal government cannot do this. Period.”

The case went up to the United States District Court for the Eastern District of Texas. The court agreed with Terkel and concluded that the CDC order was unconstitutional.

The CDC didn’t give up there. The case then went all the way up to the Supreme Court. The Supreme Court on August 26, 2021, agreed with the Texas District Court decision and ruled that the CDC eviction moratorium was unconstitutional. The Supreme Court said the CDC doesn’t have the authority to implement a policy like that. The decision is ultimately up to Congress. (The Supreme Courts verdict is at the bottom)

A majority of Democrats supported the eviction moratorium. According to a Morning Consult/Politico poll, conducted in August 2021, a majority of Democrats support the eviction moratorium. 75% of Democrats supported it and 15% opposed it. “Thirty-one percent of Republicans said they support the eviction moratorium being issued again, while 55 percent opposed it.”

The study also stated that “nearly 3 in 5 Democrats support the CDC’s authority to ban evictions through Oct. 3, while just 16% of GOP voters said the same.”

Republicans were overwhelmingly opposed to giving the CDC legal authority over the eviction process.

The Supreme Courts Verdict— “The District Court produced a comprehensive opinion concluding that the statute on which the CDC relies does not grant it the authority it claims. The case has been thoroughly briefed before us— twice. And a careful review of that record makes clear that the applicants are virtually certain to succeed on the merits of their argument that the CDC has exceeded its authority. It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened. Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.” (Supreme Court of the United States: ALABAMA ASSOCIATION OF REALTORS, ET AL. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL. ON APPLICATION TO VACATE STAY.)


Court-packing is the action of increasing the number of Justices in the Supreme Court to shift the balance in a liberal, conservative or other direction.

Court-packing has already been deemed unconstitutional. It was deemed unconstitutional in 1937. On February 5, 1937, Democrat President Franklin Roosevelt (FDR) proposed a plan to expand the Supreme Court. He claimed it was to make the court more efficient. His critics claimed it was because he wanted to give the Supreme Court a Democrat majority, so his plans related to the New Deal would get passed.

The Senate Judiciary Committee, made up of mostly Democrats (7 out of 10), after reviewing the text and history of the Constitution, declared FDR’s bill unconstitutional. Increasing the size of the Supreme Court for political reasons goes against the Constitution.

The Committee said, “We recommend the rejection of this bill as a needless, futile, and utterly dangerous abandonment of constitutional principle….. Under the form of the Constitution it seeks to do that which is unconstitutional.”

They reasoned that “[The packing plan’s] ultimate operation would be to make this Government one of men rather than one of law, and its practical operation would be to make the Constitution what the executive or legislative branches of the Government choose to say it is—an interpretation to be changed with each change of administration.”

The Committee concluded that court-packing “should be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America.”

Democrats, today, widely support the unconstitutional action of court-packing.

According to the results of a survey by Mason Dixon Polling & Strategy, 68% of all respondents oppose court-packing. So, a majority of Americans oppose court packing, but that’s not the case for Democrats. The survey showed that 50% of Democrats support packing the court to “alter the ideological balance of the court”, in contrast to only 4% of Republicans supporting the same action.

63% of Democrats support “a plan proposed by congressional Democrats to increase the number of Justices of the Supreme Court of the United States from nine members to thirteen members,” compared to 3% of Republicans supporting the same plan.

Interestingly, Democrat respondents had completely changed their support if the plan was proposed by Donald Trump. Only 7% of Democrats supported if Trump “proposed increasing the size of the Supreme Court from nine members to thirteen members,” compared to only 14% of Republicans supporting the same action. Even when the question was framed as Trump proposing the court be packed, Republicans remained mostly consistent on the topic. A majority of Republicans (76%) still opposed the action, while the rest of the Republican respondents (10%) were undecided.


Haskins, J., Talgo, C., Kendal, D., McPherrin, J., & Lakely, J. (2022, July 13). Heartland/Rasmussen Poll: Majority of Democrats believe Constitution is ‘rooted in racism’ and ‘sexist’. The Heartland Institute. Retrieved September 26, 2022, from

Publisher. (2019, March 26). Poll: Democrats want to Abolish Electoral College, Republicans want to keep it. The Hill. Retrieved September 26, 2022, from

Publisher. (2022, July 12). Most Democratic voters want to ‘abolish’ Supreme Court. Rasmussen Reports. Retrieved October 5, 2022, from

Publisher. (n.d.). The Constitution of the United States: A transcription. National Archives and Records Administration. Retrieved October 5, 2022, from

Publisher. (n.d.) All Amendments to the United States Constitution. Human Rights Library. Retrieved October 5, 2022, from

Sullum, J. (2022, August 3). Democrats don’t care whether Banning ‘assault weapons’ is constitutional. Reason Magazine . Retrieved October 5, 2022, from

Yokley, E. (2022, June 15). Voter support for stricter gun control reaches new high. Morning Consult. Retrieved October 5, 2022, from

Williams, C. (2021, August 11). About 1 in 2 voters support new eviction moratorium, but they’re uneasy about the CDC’s authority to issue it. Morning Consult. Retrieved October 5, 2022, from

Jacobson, L. (2022, August 14). Fact-check: Was overturning roe v. wade an ‘unconstitutional action’ by the Supreme Court? Statesman. Retrieved October 5, 2022, from

Blackman , J., & Shapiro, I. (2021, June 3). The CDC’s Eviction Moratorium Is Unconstitutional. Cato Institute . Retrieved October 5, 2022, from

Griffith, J. (2021, July 6). Supreme Court leaves unlawful, unconstitutional eviction moratorium intact. The Heritage Foundation. Retrieved October 5, 2022, from

Publisher. (2021, January 5). Lauren’s story. Texas Public Policy Foundation. Retrieved October 5, 2022, from

Publisher. (2021, March 14). Is the eviction moratorium constitutional. Eviction Lawyer. Retrieved October 5, 2022, from

Henderson , M. T. (2020, October 30). Court-packing is unconstitutional. Newsweek. Retrieved October 5, 2022, from

Barnett , R. E. (2021, July 20). Court packing is unconstitutional. Reason Magazine . Retrieved October 5, 2022, from

Publisher. (2021, May 24). What Americans really think about court-packing. Supreme COUP: First Liberty Institute . Retrieved October 5, 2022, from

Senate Committee on the Judiciary. (1937, July 7). Reorganization of the federal judiciary. Teaching American History. Retrieved October 5, 2022, from

Publisher. (2022, April 26). FDR & the Court Packing Controversy: Full script. Supreme Court Historical Society. Retrieved October 5, 2022, from

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