The United States of America is often regarded as one of the oldest modern democracies. The U.S. constitution is well known as a forefront in “the democratic experiment” and throughout history the U.S. has centered itself in global politics as a protector of freedom and an enforcer of democracy. Yet, the United States has consciously failed to live up to its ideals. On the brink of the 2024 election, we ask if American democracy is once again at risk.

Several political scientists have theorized that we are in the midst of a democratic crisis. Following the Cold War, the globe experienced an increase in democratization, but in 2024 there seems to be a different process underway. Scholars now point to a “third wave of autocratisation.” The V-Dem Insuituite’s 2023 Democracy Report, Defiance in the Face of Autocratization, found that “advances in global levels of democracy made over the last 35 years have been wiped out” with 72% of the world’s population living in some form of autocracy. Today we ask how the United States compares, and if democratic erosion is underway, whose fault it is?

Current Government Doesn’t Represent The People
Electoral College
When talking about failures in American democracy, the first thing that comes to mind is the electoral college. There are two major problems with this system in relation to democracy: it does not follow the popular vote and it creates no incentive for candidates to appeal to the country as a whole. In the 2016 election, Hillary Clinton received almost 2.9 million more votes than Donald Trump, yet it was Trump who was sworn in on January 20, 2017. For many, this must have felt like a slap in the face. How can a country that claims to be built on democracy ignore the voice of the majority? The reality is, in two of the past six presidential elections, the candidate who won the popular vote lost the election. Not only is the electoral college an obstacle on the way to an ideal democracy, it also is not supported by U.S. citizens; nearly two-thirds of U.S. adults say the president should be determined by the popular vote.

In addition, under the electoral college, candidates are forced to focus their attention on swing states, essentially ignoring 90% of voters. This is clearly seen in the campaign funds spent on swing states vs the rest of the union. In 2024, presidential election spending is expected to reach $2.1 billion. Of that 2.1 Billion, ¾ of it will be spent in only seven battleground states: Pennsylvania, Arizona, Georgia, Michigan, North Carolina, Nevada and Wisconsin.

The Supreme Court
Another systematic failure in the American government is the Supreme Court. The Supreme Court has seen an increase in power over the years as the size and span of the federal government has increased, something Alexander Hamilton could never have imagined when he called the Supreme Court the “weakest” branch of government. With this new power comes the question: is the Supreme Court a democratic institution?

The Supreme Court has been under scrutiny for the last year or so, particularly in connection with Dobbs v. Jackson Women’s Health Organization, the case that overturned Roe v Wade. What has become obvious through this case is that the court is not concerned about the preference of the people, something you would expect to find in a so-called democratic institution. This can be seen in the fact that 57% of adults disapprove of the court’s decision in Dobbs. This issue is only compounded when you realize that four out of the nine justices were appointed by a president who did not win the popular vote, and therefore does not accurately represent the opinion of the majority. Some may argue that the Supreme Court is not supposed to cater to public opinion and should act solely to determine legality and constitutionality, but that is not the current day reality of the court. The justices are loyal to their political party, and as long as that is the case the Supreme Court is undemocratic. Justice must either be appointed by a president who themselves is supported by the people or they must take the people into consideration on their own.

Public Opinion vs Public Policy
Even the public officials that are elected seem to not be very interested in everyday people’s concerns, this is particularly prevalent when concerning economic elites. In fact, a study done by political scientists Martin Gilens and Benjamin Page found that if fewer than 20 percent of these wealthy elites support a policy change, that policy change is implemented only 18 percent of the time. But when 80 percent of them were in support, change happened 45 percent of the time. The same can not be said for average Americans, instead when their opinion is opposite of elites, they seem to have almost no sway in decision making. This speaks volumes: politicians do not represent the people’s interest.

The Rise of Trump
Donald Trump has raised concern among many political scientists when discussing the case of democratic erosion in the U.S. This is due for various reasons, including his xenophobic “muslim bans,” delegitimizing his political opponents, racist, sexist and ableist remarks, and, of course, his refusal to admit defeat in a fair, free election. The events of January 6th are a dark spot in American history. Never before had America seen such an anti-democratic display.
But, Donald Trump did not do it alone. Failures in the U.S. government helped create a political environment that allowed Trump to seize power. Failures in the system lead to disillusionment in the population helped lead to the rise of populism and “drain the swamp” ideology. Guido Tabellini points out that “populists campaign on anti-establishment and anti-elite platforms, and claim to represent the ‘true interests’ of the people at large…” and that was exactly the rhetoric that led Trump to the White House. Trump was able to relate to everyday people, something our political system was sorely lacking. A report called Donald Trump and the Language of Populism discusses how “Trump’s language…aligns him with scenarios of casual conversation. Although his language, both in content and in style, is odd for a political leader, it is familiar to his audience. It is the true language of populism.”

Not only does Trump take advantage of his disgruntled constituents, but other political structures also allow him to gain and maintain power. Without the electoral college Trump would never have been elected, and if he is re-elected in 2024 it seems unlikely that he will win the popular vote then; from here it seems obvious that Trump’s power relies on an inherently undemocratic institution.
In addition, once in power, Trump can use the majority conservative Supreme Court to continue to push unpopular policies. The court may be accused of playing sides, but, because of their life appointment, they can not be held accountable by the public. Trump has overcome checks and balances by exploiting polarization and holes in the system, “A court system that could not control Trump as a private individual is not going to control him better when he is president of the United States…The one check Congress has on a rogue president, namely, impeachment and conviction, has already proved all but impossible — even when Trump was out of office and wielded modest institutional power over his party.” Donald Trump is a major concern when considering the future of American democracy, but he will have the systems themselves to thank. In conclusion, America is experiencing democratic erosion not despite its institutions and systems, but because of them.