United States of America
The United States of America (the US) performs in the high range across all four categories of the Global State of Democracy framework, and among the top 25 per cent globally regarding most factors of democracy. Since 2018, it has experienced improvements in Credible Elections and Absence of Corruption and declines in Freedom of Association and Assembly and Economic Equality. With the world’s largest economy (fueled significantly by the services and industry sectors) and largest military (by expenditure), the US plays a significant economic and geopolitical role globally.
The population of the US is mostly white, with Black, Hispanic, Asian, and Indigenous minorities. Four decades of increasing income inequality have produced a wealth gap where the top 10 per cent of citizens hold 70 per cent of the wealth. Indigenous peoples in the US, especially those residing on reservations, often face stark barriers to economic opportunities and experience the highest poverty rate among minority groups. America’s long history of African slavery, racial segregation and discrimination continues to be reflected in the racial wealth gap and the disproportionate rate of Black incarceration. The country’s racial wealth gap is also expanding, and race issues have gained new political salience in recent years, especially around high-profile police killings of Black civilians. The Black Lives Matter movement gained international attention, and advocates of racial justice increasingly call for reparations.
Although several important milestones for gender equality have been achieved in the US, including the first woman of color leading a major-party presidential ticket, women’s political participation continues to lag. Women make up less than 30 per cent of lawmakers in both the House and Senate. The formal end of abortion rights has further spotlighted renewed challenges to women’s rights.
The US’s two-party system is well-entrenched and stimulates nationally competitive elections, though a long history of gerrymandering has resulted in minimally competitive legislative districts. The weakening of the Voting Rights Act of 1965 (VRA) and voter suppression through discriminatory laws and partisan gerrymandering have also threatened electoral integrity for well over a decade. The former President’s refusal to concede defeat in the 2020 election led to a violent riot at the US Capitol on 6 January 2021, and laid the groundwork for an extreme-right political movement that, to this day, denies the viability, without evidence, of the American electoral system.
Despite historically robust protections for its democratic institutions, recent decisions regarding presidential immunity and criticism of weak ethics provisions in the Supreme Court have dominated national politics. The unevenly distributed socioeconomic fallout of the 1990s rollback of the welfare state and the rise of China, weak gun control and widespread mass shootings, are other salient issues in the US.
The phenomenon of election-denial and persistent issues with voter disenfranchisement and gerrymandering are key issues to watch, due to their potential to severely impact Representation. The impact on both Representation and Participation from an ageing political class perceived as detached from voters’ concerns, will also be important to follow. The country is increasingly polarized, with levels of political violence at the highest since the 1970s. The Political Equality factor is also crucial, with emphasis on women’s reproductive rights, Economic Equality, the country’s racialized politics and immigration. Personal Integrity and Security will continue to be key as gun violence still threatens every day security around the country.
Last Updated: August 2024
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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
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: Politico, CNN, 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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