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The Double Standard Presidency: When We Watch Leaders Act Above the Law

Opinion

Protestors holding signs at a rally, one reads, "Trump is not above the law."

Protesters gather at a Nobody Is Above the Law rally protesting President Trump's interference in the Mueller investigation on November 08, 2018 in Washington, DC.

Larry French/Getty Images

Americans are told that no one is above the law. Yet every day, they watch a president behave in ways that would get any ordinary citizen fired, disciplined, confronted, or held accountable — and they watch some Americans excuse it. What makes this moment even more striking is that critics across the political spectrum, including conservatives, now warn that the presidency is operating on a dangerous double standard. This is not a partisan concern. It is a constitutional one. And it is tearing at the fabric of our democracy.

For generations, the Constitution has provided guardrails — separation of powers, checks and balances, oversight mechanisms, and limits on executive authority — designed to prevent any leader from functioning above the law. The framers feared concentrated power more than anything else. They believed that the presidency must be constrained not only by written law but by norms of restraint, dignity, and respect for institutions. Those norms held for centuries because presidents understood that the office was larger than any individual, and Congress understood that oversight was not optional.


Today, those guardrails are weakening. The public sees a president who breaks long‑standing norms, attacks predecessors, ignores bipartisan laws, and treats accountability as optional. They see Congress look away. They see institutions hesitate to assert independence. And they see behaviors that would be unacceptable in any other setting — retaliation, public insults, threats, and victimhood — excused simply because they come from the presidency.

If any ordinary American behaved this way — shouting insults, attacking colleagues, ignoring rules, retaliating against critics, and playing the victim — they would face consequences immediately. They would be disciplined at work, confronted at home, or held responsible in court. Yet when the president behaves this way, some Americans defend it, normalize it, or dismiss it. Retaliation is not power. Revenge is not leadership. Playing the victim is not strength. These behaviors do not demonstrate authority; they demonstrate insecurity. And they are behaviors that many Americans would never tolerate from their own families, friends, neighbors, or coworkers.

The public has watched a president verbally attack reporters, demean citizens, and retaliate against critics — yet demand respect in return. They have watched him warn that he will be impeached if his party loses control of Congress, as if oversight were a punishment rather than a constitutional duty. If a president were acting lawfully and responsibly, the loss of congressional control would not be a threat; it would simply be part of the democratic process. The truth is not that Americans want him impeached. The truth is that they want him checked.

And they have watched something else: powerful supporters — including billionaires who would never tolerate such behavior from their own employees — excuse conduct from the presidency that they would punish in any other context. Analysts note that some do not excuse it because it is acceptable, but because it benefits them. That is not loyalty. That is not leadership. It is a distortion of democratic expectations.

Americans also watched a national milestone — the 250th anniversary of the country, originally designed as a bipartisan celebration — reshaped into a personal spectacle. What should have been a moment of shared pride became another example of how easily national symbols can be repurposed for personal branding.

They also watched as the president declined to divest from his businesses, despite constitutional expectations. Multiple analyses estimate that his businesses generated billions in revenue during his presidency — raising concerns about conflicts of interest and Emoluments Clause violations. No other president in modern history has profited at this scale while in office. That, too, is a double standard.

Americans will never forget Senator Susan Collins saying the president had “learned his lesson” after facing accountability. Months later, the nation witnessed an attack on the Capitol — an abuse of power that contradicted her assurance. Ordinary citizens are expected to learn lessons, follow rules, and face consequences. The president is expected to do none of those things.

Some even accept this behavior, calling it a “new norm.” But lowering standards is not a path to stability. It is a path to erosion — of expectations, of institutions, and of the shared rules that hold a democracy together. Many Americans are exhausted — not by politics itself, but by the constant erosion of standards they once believed were shared. How much are Americans willing to tolerate when it comes to standards?

This normalization is not accidental. Scholars warn that when democratic norms erode, societies begin to tolerate behaviors they once rejected. They call this authoritarian drift — not because the nation has become authoritarian, but because the habits that protect democracy begin to weaken. When leaders retaliate against critics, undermine independent institutions, portray oversight as persecution, and demand loyalty over legality, the system starts to tilt. And when the public excuses conduct from the presidency that they would never tolerate from anyone else, the tilt accelerates.

Some policy proposals circulating today — including those in Project 2025 — reflect this shift. They call for expanding presidential control over federal agencies, reducing independent oversight, and replacing career civil servants with political appointees. Analysts warn that these proposals would weaken the very guardrails the framers designed to prevent executive overreach. Whether these proposals are adopted or not, their existence signals a troubling willingness to reconsider the constitutional boundaries that have protected the Republic for more than two centuries.

Americans must stop normalizing behavior that is not normal. We cannot excuse conduct from the presidency that we would never tolerate from anyone else. Democracy depends on shared expectations — and when those expectations collapse, the system collapses with them. Society punishes citizens for behaviors it excuses in the president. The scales of justice feel increasingly flawed. Ordinary people face consequences for misconduct, while leaders often do not. This triple standard — one for the powerful, one for their allies, and one for everyone else — is incompatible with the rule of law.

If the nation wants to restore stability, it must return to the constitutional guardrails that were designed to protect it. That means insisting that presidents separate personal financial interests from public duty, and that Congress enforce transparency and strengthen conflict‑of‑interest laws. It means restoring congressional oversight as a coequal function of government, not a partisan weapon. It means empowering independent institutions to act without fear of retaliation, and protecting career civil servants from political replacement. It means rejecting the idea that misconduct becomes acceptable simply because it comes from the presidency, and demanding that standards apply equally — to citizens, to Congress, and to the executive branch. And it means reviving a culture of dignity, restraint, and respect for institutions, so the presidency once again embodies character, integrity, responsibility, and accountability rather than spectacle, retaliation, or self‑promotion. Restoring standards is not only a constitutional necessity — it is a moral one.

We cannot keep saying that no one is above the law while watching leaders act above it. We cannot keep excusing behavior from the presidency that we would never tolerate from anyone else. Americans want normalcy — a government free of retaliation, corruption, and revengeful acts; a restoration of separation of powers; respect for the Republic and its people; and fidelity to the Constitution. When conservatives and liberals alike begin warning about double standards and unchecked power, it is a sign that the crisis is not ideological — it is structural. If the nation is to regain its footing, it must return to a simple truth: what’s good for the goose must be good for the gander — and the law must apply to leaders with the same force it applies to citizens. Anything less is not democracy.


Carolyn Goode is a retired educational leader and former principal who has spent her career advancing civic responsibility, equity, and public engagement. She writes about democracy, leadership, and the values that strengthen American communities.


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