Will Trump give US democracy the final blow?

Par Laura HUCHET & Adèle SOMAT

Trump has shaken US democracy in an unprecedented way and his recent statements, which deliberately threaten free and fair elections, are not auspicious for November. 

The first 2020 Presidential Debate between Donald Trump and Joe Biden embodied the feebleness of democratic dialogue, reflecting the deep crisis of the United States (US) democracy which accelerated during the past four years. Indeed, according to the 2019 edition of The Economist Intelligence Unit’s Democracy Index, the US is considered as a “flawed democracy”: the index has fallen under 8 (7.96/10), while it was of 8.05/10 in 2015. What happened to the American democracy that Tocqueville praised in the 19th century?

The weakening of US democracy preceded Trump’s election

The democratic crisis in the US is not a new phenomenon. For more than a decade now, Americans have been living in a democracy whose institutions are weakened and core principles are disregarded. The use of Filibuster has become systematic and strategic to obstruct the normal functioning of institutions. For instance, the Republican majority refused to consider the candidacy of Justice Merrick Garland for the Supreme Court proposed by Barack Obama. Moreover, at the beginning of President Obama's term, the Tea Party's success made the Republican Party’s ideas more extreme and their speeches more aggressive, thus accentuating the polarization of American political life. 

The reign of money has also contributed to the weakening of American democracy. In his book De la démocratie en Amérique (1835), Tocqueville argues that the principle of equality of conditions among citizens is one of the foundations of American democracy. Yet, it has been a long time that political equality no longer exists and that the democratic process is captured by the richest who marginalize collective democratic action. Indeed, election spending is very little controlled. The Supreme Court ruled that setting a cap would be unconstitutional since it would violate the First Amendment, which guarantees freedom of speech. As a consequence, major donors can pressure elected representatives to serve their interests. In other words, the few decide for the others. 

Trump is the symptom of the US crisis of democracy: he would not have been able to come to power in 2016 without this conducive environment, yet, he considerably accelerated the crisis.

Trump’s presidency imperiled US democracy in an unprecedented way

Did Trump breach the law? The answer is yes, and several times. He constantly violates the Constitution’s Foreign Emoluments Clause which prohibits the president from receiving personal benefits from foreign government or official. He pressured and bribed Ukraine to help his 2020 reelection. The New York Times recently disclosed that Trump avoided taxes for years and paid only $750 in federal income taxes in 2016 and 2017. These are only examples from a long list. “President of the people,” he says, but the reality is different: he considers himself above the law, uses the presidency for his benefit, and always adopts behaviors that expressly despise all Americans and threatens democracy.

Trump also disdains deliberative democracy and public debate with his systematic attacks on the press that he calls “the enemy of the people”. Instead, he spreads fake news that put the population in danger as when he minimized risks of Covid-19. He enhances the polarization of the political life by constantly insulting his political opponents and fosters divisions within the society with his racist remarks and policies. He regularly fuels confrontation, insurrection and violence, for instance when he expressly supports neo-Nazis militias. The image of two Americas has never been so real than under Trump’s presidency.

The presidential election of November: will Trump give US democracy the final blow?

Amid the public health crisis, Trump impedes the vote by mail. He points out the risk of fraud fearing that it will favor democrats. This is a deliberate intention to restrict participation and, in this regard, he violates the fundamental right to vote, the essence of democracy. All states must facilitate the posting vote so that all citizens are treated equally and thus the legitimacy of the election’ results is granted.

On top of that, Trump already claimed that, if Biden wins, he will not recognize the results and will not undertake a peaceful transition of power. As the Supreme Court could be in charge of determining the winner as it did with Bush vs. Al Gore in 2000, Trump rushed to fill the vacancy left by the death of Ruth Bader Ginsburg by nominating the very conservative Amy Coney Barret. The difference with the Court ruling in 2000 would be that, if the Court designs Trump, it might be due to the lack of neutrality as he was able to appoint three conservative republican judges during his term. And if the court awards the presidency to Biden, Trump might still not respect the decision compared to Al Gore. Instead, he could spark violence across the country. Trump threatens free and fair elections, undermines public confidence in the elections and his disrespect of the results could lead to a constitutional crisis. 

One thing is sure: reforms are needed to avoid these situations in the future, to ensure the legitimacy of the elections, and reinforce democracy. To grant the full enjoyment of the right to vote to all citizens, their registration on electoral lists shall be automatic in all states, and states’ laws that limit or prevent certain categories of the population from voting shall be made unconstitutional. 

Global repercussions for democracy

As Trump brings discredit on democracy, he leaves the door open to autocratic slides in countries like Russia, China, Turkey, and Belarus. The deliberate decline of American leadership is a victory for China and Russia as both countries seek to dismantle democratic institutions and norms and to diminish Western countries' supremacy on the international stage. The November’s elections will have global repercussions for democracy. If Biden wins, he will have to meet the challenge of restoring the US image. 

The current context again proves “the end of History” wrong. Democracy should not be taken for granted. France and Europe must more than ever show exemplarity in protecting its founding principles and values.