- Cool Stuff You Can Borrow
- Research Tools
- Legal Databases
- Academic and Historical Research
- Business and Corporations Research
- California and State-Specific Law
- Empirical Legal Research
- Foreign & Comparative Resources
- Low Cost—No Cost Guide To Online American Research
- LSN Subscriptions
- Table of Contents Alerts
- U.S. Law and Legislative History
- Other Resources
- Research Projects
- Campaign Finance
- Diary of a Contraband
- Don’t Ask. Don’t Tell.
- Election 2000
- Global Class Actions Exchange
- Lawyers of Latin America
- Libor Litigation
- Library Publications
- Proposition 8
- Recess Appointments
- United States v. Windsor
- University Women
- Women in the Legal Profession
- Women’s Legal History
Freedom House Report: “Democracy in Retreat — Freedom in the World 2019”
Of note (among other things [with emphasis added]):
The Erosion of U.S. Democracy
Freedom House has tracked a gradual decline in the total US score over the past eight years.
US FREEDOM IN DECLINE
The great challenges facing US democracy did not commence with the inauguration of President Donald Trump. Intensifying political polarization, declining economic mobility, the outsized influence of special interests, and the diminished influence of fact-based reporting in favor of bellicose partisan media were all problems afflicting the health of American democracy well before 2017. Previous presidents have contributed to the pressure on our system by infringing on the rights of American citizens. Surveillance programs such as the bulk collection of communications metadata, initially undertaken by the George W. Bush administration, and the Obama administration’s overzealous crackdown on press leaks are two cases in point.
At the midpoint of his term, however, there remains little question that President Trump exerts an influence on American politics that is straining our core values and testing the stability of our constitutional system. No president in living memory has shown less respect for its tenets, norms, and principles. Trump has assailed essential institutions and traditions including the separation of powers, a free press, an independent judiciary, the impartial delivery of justice, safeguards against corruption, and most disturbingly, the legitimacy of elections. Congress, a coequal branch of government, has too frequently failed to push back against these attacks with meaningful oversight and other defenses.
We recognize the right of freely elected presidents and lawmakers to set immigration policy, adopt different levels of regulation and taxation, and pursue other legitimate aims related to national security. But they must do so according to rules designed to protect individual rights and ensure the long-term survival of the democratic system. There are no ends that justify nondemocratic means.
Freedom House is not alone in its concern for US democracy. Republicans, Democrats, and independents expressed deep reservations about its performance in a national poll conducted last year by Freedom House, the George W. Bush Institute, and the Penn Biden Center. A substantial majority of respondents said it is “absolutely important” to live in a democracy, but 55 percent agreed that American democracy is weak, and 68 percent said it is getting weaker. Big money in politics, racism and discrimination, and the inability of government to get things done—all long-standing problems—were the top concerns of those surveyed.
And yet Republicans and Democrats alike expressed strong attachments to individual liberty. A solid majority, 54 percent, believes it is more important for the rights of the minority to be protected than for the will of the majority to prevail.
So far, America’s institutions have largely honored this deeply democratic sentiment. The resilience of the judiciary, the press corps, an energetic civil society, the political opposition, and other guardrails of the constitutional system—as well as some conscientious lawmakers and officeholders from the president’s own party—have checked the chief executive’s worst impulses and mitigated the effects of his administration’s approach. While the United States suffered an unusual three-point drop on Freedom in the World’s 100-point scale for 2017, there was no additional net decline for 2018, and the total score of 86 still places the country firmly in the report’s Free category.
But the fact that the system has proven durable so far is no guarantee that it will continue to do so. Elsewhere in the world, in places like Hungary, Venezuela, or Turkey, Freedom House has watched as democratic institutions gradually succumbed to sustained pressure from an antidemocratic leadership, often after a halting start. Irresponsible rhetoric can be a first step toward real restrictions on freedom. The United States has already been weakened by declines in the rule of law, the conduct of elections, and safeguards against corruption, among other important indicators measured by Freedom in the World. The current overall US score puts American democracy closer to struggling counterparts like Croatia than to traditional peers such as Germany or the United Kingdom.
The stakes in this struggle are high. For all the claims that the United States has lost global influence over the past decade, the reality is that other countries pay close attention to the conduct of the world’s oldest functioning democracy. The continuing deterioration of US democracy will hasten the ongoing decline in global democracy. Indeed, it has already done so.
Ronald Reagan declared in his first inaugural address, “As we renew ourselves here in our own land, we will be seen as having greater strength throughout the world. We will again be the exemplar of freedom and a beacon of hope for those who do not now have freedom.” Nearly four decades later, the idea that the United States is such an exemplar is being steadily discredited.