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United States of America

https://www.idea.int/democracytracker/

July 2024

Supreme Court rules former presidents enjoy broad immunity

On 1 July, the Supreme Court ruled that former President Donald Trump enjoys broad immunity from criminal prosecution. The decision was delivered regarding the charges brought against him for conspiracy to overturn the results of the 2020 election. The Court’s conservative majority determined that immunity for the exercise of core constitutional powers is absolute, while other acts carried out in an official capacity are protected by at least presumptive immunity. According to the Court, such immunity is necessary for both the separation of powers and the effectual working of the executive branch. It added that former presidents are not immune regarding unofficial acts. In the election subversion case, the Court concluded that allegations in the indictment related to discussions with Justice Department officials are covered by absolute immunity; most others are protected by presumptive immunity, but the determination of whether they involve official or unofficial acts must be considered by the District Court. The ruling further severely restricts the ability of prosecutors to present evidence. Dissenting justices and many constitutional experts strongly criticised the ruling for placing the president above the law and out of reach of accountability.

Sources: Supreme Court of the United States, Washington Post, Brennan Centre, NPR

Former President Trump targeted in an assassination attempt
Red flag

On 13 July, former President Donald Trump was targeted and injured in an assassination attempt during a campaign rally held in Pennsylvania. A supporter seated behind Trump was fatally shot and two others were wounded. According to officials, the gunman, who was killed by a Secret Service agent responding to the attack, did not have an evident political leaning or ideology. Although officials did not rule out domestic terrorism, a motive for the assassination attempt has not been disclosed. The attack prompted harsh criticism of the Secret Service, whose director resigned on 23 July, amidst fallout from the security failures at the rally.

Sources: PoliticoCNN, The Washington Post

June 2024

Federal jury finds Chiquita Brands liable for paramilitary killings

A federal jury in Florida found that Chiquita Brands, a transnational fruit company, is liable for the killings (that took place between 1997 and 2004) of eight people in Colombia at the hands of the paramilitary group United Self-Defense Forces of Colombia (Auto Defensas Unidas de Colombia, AUC), and ordered the payment of damages. The jury considered that, by making payments to AUC, Chiquita had acted contrary to Colombian law and provided substantial assistance that constituted a foreseeable peril to community members. The lawsuit was filed after the company pleaded guilty in 2007 to making payments to the AUC, which was considered a terrorist organization by the United States government. The company has stated it plans to appeal the verdict, and has claimed that payments were necessary at the time to protect its employees.

Sources:  NPR, CNN, BBC, Business & Human Rights Resource Centre, Transnational Litigation Blog

Government severely restricts asylum

President Joe Biden issued an executive order that, starting 5 June, blocks people from making asylum claims at the US-Mexico border, unless arrivals fall below 1,500 a day for a week, and a two-week waiting period has passed; the number of arrivals has not fallen below that level since 2021. The executive order will allow authorities to expedite the deportation of people who cross the border in an irregular way. People will still be able to request an appointment at a legal border crossing through the CBP One app and the limitation does not include unaccompanied minors or victims of trafficking. Advocacy organizations and legal specialists have argued that the asylum ban is contrary to international law, particularly refugee law and international human rights law, as it prejudges claims to asylum as unlawful and places people in serious risk of harm. 

Sources: Reuters, Human Rights Watch, ACLU, Homeland Security

Supreme Court overturns Chevron doctrine

In a case involving a challenge by fishing companies to Department of Commerce regulation, the Supreme Court overruled a 1984 precedent known as the Chevron doctrine, through which courts were to defer to an administrative agency’s reasonable interpretation of a law in cases where Congress’s language led to ambiguity. Instead, the Court’s majority determined that courts should employ their own independent judgment when weighing whether an agency’s actions are considered an overreach or if it is acting according to its statutory authority. It added that although an agency’s interpretation of an ambiguous law may hold informative value, it should not constrain the courts. It further considered Chevron deference to be irreconcilable with the Administrative Procedure Act. The ruling effectively curbs federal agencies’ power to regulate and could lead to numerous legal challenges against the executive agencies that regulate areas such as health and the environment.  

Sources: Supreme Court of the United States, CNN, The New York Times,  Reuters

May 2024

Donald Trump becomes first former president to be convicted of a felony

On 30 May, a New York jury found former president Donald Trump guilty of 34 felony counts of falsifying business records (one count for each falsified document), in a case related to the cover-up of a sex scandal. Trump has become the first former US president to be convicted of a felony. He has stated he will appeal the conviction and has argued he is the target of a political persecution. His sentencing hearing will take place in July.  

Sources: The New York Times, CNN

April 2024

Protests erupt across multiple college campuses

More than 2,000 students and others have been detained or arrested following pro-Palestinian protests and encampments across college campuses. The student movement began at Columbia University in an effort to pressure the university to sever all financial ties with Israel. The situation escalated on 30 April, when the president of Columbia University requested that the New York City Police Department arrest all students encamped on university grounds. Similar demonstrations have taken place across the country when the demands of protesters to disclose all academic ties with Israel and divest have not been met. Many students have been suspended and in some rare cases even threatened with expulsion. Protests and encampments have sparked a nationwide debate and divided the country over America's longtime support for Israel. There have been multiple reports that antisemitic incidents have marred some of the demonstrations, as well as some reports of counter-protester violence.  

The New York Times, National Public Radio, Public Safety: Colombia University, Cable News Network, Vox 

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Global ranking per category of democratic performance in 2023

Chevron
Representation
46/173
Rights
34/173
Rule of Law
26/173
Participation
8/173
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Basic Information

Chevron
Population Tooltip
334 914 895
System of government
Constitutional Federal Republic
Head of government
President Joe Biden (since 2021)
Head of government party
Democratic Party
Electoral system for lower or single chamber
First Past the Post
Women in lower or single chamber
29.2%
Women in upper chamber
25.0%
Last legislative election
2022
Effective number of political parties Tooltip
2.04
Head of state
President Joe Biden
Selection process for head of state
Indirect election ('electoral college' - body elected for the express purpose)
Latest Universal Periodic Review (UPR) date
09/11/2020
Latest Universal Periodic Review (UPR) percentage of recommendations supported
75.79%
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Human Rights Treaties

Chevron
State Party State party
Signatory Signatory
No Action No action
United Nations Human Right Treaties
International Covenant on Civil and Political Rights
State Party
International Covenant on Economic, Social and Cultural Rights
Signatory
International Convention on the Elimination of All Forms of Racial Discrimination
State Party
Convention on the Elimination of Discrimination Against Women
Signatory
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
State Party
Convention on the Rights of the Child
Signatory
International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families
No Action
International Convention for the Protection of All Persons from Enforced Disappearance 
No Action
International Convention on the Rights of Persons with Disabilities
Signatory
International Labour Organisation Treaties
Forced Labour Convention
No Action
Freedom of Association and Protection of the Right to Organise Convention
No Action
Right to Organise and Collective Bargaining Convention
No Action
Equal Remuneration Convention
No Action
Abolition of Forced Labour Convention
State Party
Discrimination (Employment and Occupation) Convention
No Action
Convention concerning Minimum Age for Admission to Employment
No Action
Worst Forms of Child Labour Convention
State Party
Regional Treaties
American Convention on Human Rights
Signatory
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights
No Action
in
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Performance by category over the last 6 months

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Representation neutral Rule of law
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Representation neutral Participation
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Global State of Democracy Indices

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Explore the indices
Representation
Representation
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/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
Rights
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rule of Law
Rule of Law
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
Participation
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4

Factors of Democratic Performance Over Time

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