Governance vs Rule   

Governance vs Rule

Contributed by Kassandra Rees
 

It’s only been a few days since the election, and there is much to consider.

A writer for The Economist (and others) suggest that the Democrats must a) reflect on why Trump followers rejected Democrats and their governance policies, and b) learn the meaning of democracy.  

The implication: a winner has been chosen by a majority of American voters, and all Americans should support the decision – perhaps by trying to better understand why this same argument was vehemently and violently rejected in the 2020 election?

Regardless, it appears that the real “democracy” lesson here is that the American democracy experiment is over. Given the election results and extraordinary campaign promises, the question then becomes: what can be expected to replace traditional American democracy governance principles and policies? 

American Democracy, Drivers of Change, and Authoritarianism

American democracy sought to govern by empowering citizens to shape their society, upholding human rights, and fostering equality, transparency, and accountability in governance. Primary drivers of change in this election included a mix of economic fears, cultural preferences, and political dynamics, such as distrust in the system, election influence by foreign entities, social media, and big/dark money from billionaire oligarchs. Expected results will be a significant change from our American democratic governance to American rule by authoritarian principles and policies, a system in which political power is concentrated in the hands of a single authority or a small group, often lacking democratic practices and accountability to the public.

Free and Fair Elections

American democracy is the general idea that Americans want a system of government in which power is vested in the people, who exercise that power directly or through elected representatives, through free and fair elections. Drivers for change included challenges to 2020’s “free and fair” election results: claims that widespread voter fraud, irregularities, and procedural issues in certain states affected the results. 2024’s “free and fair” election results are again challenged: election interference by foreign entities, technology hacking, media influence, big money, etc. Expected result: authoritarian rule with Limited Political Freedoms where public participation in political processes, such as elections, will be restricted or manipulated, reducing citizens' influence over leadership and policy.

Rule of Law

America’s foundation, the Rule of Law - that laws apply equally to all citizens, including leaders – was designed to ensure accountability and justice. This maxim was repeatedly challenged by Trump, and supported by the Supreme Court by allowing immunity, and in a matter of hours following the 2024 election, prosecutors in important cases simply began folding their tents and walking away. Expected result: authoritarian implementation of the Absence of Rule of Law, where laws are often applied inconsistently, favoring those in power and suppressing political or ideological opposition.

Protection of Individual Rights

American democracy’s Constitutional First Amendment was designed to ensure Protection of Individual Rights: the expectation that fundamental rights and freedoms, such as freedom of speech, assembly, and religion, are protected. Rights in each of these areas were perceived as threatened, particularly with regard to religious freedom. Expected result: erosion of the principle of separation of church and state, and authoritarian Control Over Civil Liberties, where freedom of speech, assembly, and the press are typically curtailed to prevent opposition, criticism, or dissent.

Majority Rule with Minority Rights

American democracy supported Majority Rule with Minority Rights where decisions are made by the majority, but the rights of minorities are safeguarded to prevent oppression. Immigration and border security became a focal point, so campaign promises include plans for ramping up border security, and for those already here, profiling, incarceration in detention camps, and deportation.  Expected result: authoritarian Reliance on Coercion where leaders may use force, intimidation, and surveillance to maintain control, deter dissent, and ensure compliance with government policies. Authoritarian regimes prioritize stability and control over political freedom and individual rights, often justifying their rule as necessary for social order, national security, or economic progress. Private prison stock prices have skyrocketed in anticipation, while detention camps are under construction. 

Checks and Balances

American democracy relied on Checks and Balances, the separate branches of government (executive, legislative, judicial) with distinct powers designed and intended to help prevent any single entity from gaining excessive control. Checks and balances repeatedly failed on all fronts – institutional, civil and ethical. Expected result: Campaign promises include authoritarian Centralized Power where authority is held by a leader, a ruling party, or a small elite group, with limited input or control from the general population.

Bottom line: The reality is that all Americans will now learn, first-hand, the lessons of authoritarianism. Gains and losses are already being assessed, but it will take years for America, and the rest of the world, to fully realize what has been wrought. The new American Rule has begun.