Liekuut | The United States has always been less democratic than we think

The ferocity with which Donald Trump is eroding American democracy may seem unprecedented. Presidents have used their power to issue executive orders in the past, but not at the pace set by Trump. What if the US is less democratic than we think?

Assistant professor of American Studies Tim Jelfs observes that the 18th-century American democratic system is actually ill-suited for the 21^st century: ‘Trump’s actions expose the less democratic elements of America. However, a fundamental change to make the constitutional system more democratic in the future is unlikely and would have to come from outside the system itself.’

Democracy in America

‘The United States prides itself on being the world’s largest and oldest democracy. The US Constitution and the resulting political system were designed to divide and separate powers and ensure that no tyrant could ever come to power. However, this also means that popular sovereignty — the power of the people — was also limited, so what was deemed relatively democratic and progressive in the late 18^th century is not particularly democratic by 21st-century standards.

Power of the minority

‘The US system actually favours the minority. For instance, every state has two senators, while some states have only a fraction of the population compared to, say, California or New York. Therefore, senators from small states have a disproportionate amount of power while representing far fewer voters. In addition, the first-past-the-post electoral system and the Electoral College are not very democratic either. Thus, a candidate with fewer total votes can still become president. So, the minority then wins the election, which is actually anti-democratic.’

Constitutional amendments unlikely

‘Many contemporary European states have had to update their political systems as a result of catastrophes such as losing wars. Unlike many of its European counterparts, the US Constitution has never been thoroughly updated. A change or fundamental modernization of the political system is highly unlikely in the near future either. The Constitution is difficult to amend. The almost 50/50 split between the two political parties also makes it very challenging to force a change. Outside of a popular uprising or serious attempt by both parties to work together to update the political system, democracy in the US will remain an 18th-century relic with anti-democratic elements. As a result, authoritarian leaders can continue to exploit these weaknesses in US democracy.’

Legal prejudice

‘The composition of the Supreme Court is also shaped in a particularly anti-democratic way. The incumbent president and party select the SC justices as obviously partisan appointees. In this sense, therefore, the judiciary is not above politics. The Senate can ratify the appointment by a simple majority. These appointments are for life, and so a president elected by a minority can set the Supreme Court’s course for decades. That same Supreme Court is very likely to have to rule on all kinds of policies soon.’

Blowback in court

‘It’s interesting to see if the division of power still works. What the current US administration is doing is unprecedented. They’re attempting to dismantle several federal government agencies. Funds for all kinds of federal and international aid programmes are being cut. This is done quickly and bluntly. It’s interesting to see how the rule of law will respond. Judges already blocked certain measures. Are the courts going to stop more executions of decrees, and how will the Supreme Court rule once the decisions are appealed? That constitutional dance is now set to intensify, and the outcome is uncertain.’

Grassroots movements

‘If there’s going to be any opposition to Trump outside the courts, it will come from the bottom up. In the US, social groups and social movements can bring about change from outside the formal political system, rather than through political parties. Social reforms in the 1930s under President Franklin Delano Roosevelt came about mainly under pressure from the trade unions that had become more powerful and even from socialist and communist groups. More recently, the assassination of George Floyd and the Black Lives Matter movement have resulted in serious political pressure that the system has so far resisted. These forces in the US should, however, not be underestimated. Political agendas can indeed be influenced by them.’

20 mei | Symposium Trump 2.0 and the New World Order

On Tuesday 20 May, the American Studies programme at the University of Groningen will host a half-day symposium on the new Trump administration. Guest speakers will include Prof. Debora van Nijnatten (Wilfrid Laurier University), who will discuss US-Canada relations, and photographer Nicola Moscelli, who will talk about his book Dead End, which explores the past and present of the US-Mexico border.

More information and registration

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• Tim Jelfs

• Overview of all 'Liekuut' opinion pieces