Did Trump damage American democracy? – Brookings Institution
Did Trump permanently damage American democracy? This question has spawned a veritable cottage industry of hand wringing over the state of American democracyunderstandably so. Never before have we had a president who schemed to overturn legitimate election results, who attacked the press and the civil servants who worked for him, who admired dictators, who blatantly profited from his public office and who repeatedly lied to the public for his own selfish purposes. But while Trumps four years of rhetoric have been a shock to democratic norms, did they inflict permanent damage on our democracy? My answer is a qualified no. The guardrails of democracy held. The institutions designed to check autocracy are intact.
Successful democratic systems are not designed for governments composed of ethical men and women who are only interested in the public good. If leaders were always virtuous there would be no need for checks and balances. The Founding Fathers understood this. They designed a system to protect minority points of view and to protect us from leaders inclined to lie, cheat and steal. Fortunately, we havent had many of those in our 200-plus years of history, which is why the Trump presidency sent such shock waves through a large part of the body politic.
Those who bemoan Trumps effect on democracy complain that he did not adhere to the established norms of the presidency. That is correct; he is, at heart, a dictator. But lets start by distinguishing between norms and institutions. Norms are different from laws; they are not enforceable and they evolve. In contrast, democratic institutions are based in law and entail real consequences. Changes in norms can in fact lead to changes in law and in democratic institutionsthis has happened in many of the countries in eastern Europe and Latin America that have slipped into pseudo-democracy or autocracy. [1] But in spite of Donald Trumps best efforts it has not happened here. At least not yet.
To get a sense of why I argue that the guardrails of democracy have held, lets look at the five major institutions that protect us from rule by an aspiring dictator: Congress, the courts, the federal system, the press and the civil service. Not a single one of them has lost legal power during Trumps turbulent presidency. Refusing to use power is not the same as losing the power.
Did Trump weaken the powers of Congress? No.
Nancy Pelosi had no trouble confronting Trump, as is evident to anyone who has seen the iconic photo of her standing up in the Cabinet room and pointing at Donald Trump as she lectured him. Democrats brought impeachment charges against Trump not once but twice. Although speculation was rampant, in the end then-Majority Leader Mitch McConnell (R-KY) did not block either trial. Trump did not try to disband Congress, nor did he try to pass laws that weakened its most important power, the power of the purse. In fact, at no point during the Trump years did Trump attempt to formally weaken congressional power.
Those who argue that Trump weakened democracy often dont distinguish policy from democratic process. While Mitch MConnell and allies have been called Trumps lapdogs, on domestic policy they have acted like almost any Republican majority would act, siding with business on issues like cutting taxes, regulations and liability protections. And on foreign policy McConnell did not stop nor punish Republican senators who tried to constrain Trump when they thought he was wrong.[2]
Has Trump damaged our system of shared power between the federal government and the states? No.
The Constitution distributes power between the federal government and the state government, codified in the 10th Amendment to the Constitution: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. It took Trump a long time to understand this but states have repeatedly exercised their power against Trump, especially in two areas; COVID-19 and voting.
In the spring of 2020 Trump, anxious to get past COVID in time for his re-election campaign, was pushing hard for states to open up early. Democratic governors ignored Trumps demands to open up. In some states, Republican governors tried acting like mini-Trumps, in others they gave him lip service but did not open up completely, and in Ohio Republican Governor Mike DeWine politely disagreed and kept the state closed. Trump, seeing that the governors were not scared of him, then threatened to withold medical equipment based on states decisions about opening up. He came up against the 10th Amendment which prevents the president from conditioning federal aid on the basis of governors acquiescing to a presidents demands. Trump couldnt use the cudgel he thought he had.
The guardrails between the federal government and the states also held when it came to Trumps campaign to win the election.
In Georgia the courageous Republican Secretary of Brad Raffensperger, a stalwart Republican and Trump supporter, certified election results in spite of personal calls and threats from the president. In Michigan, Republican Senate Majority Leader Mike Shirkey and Republican House Speaker Lee Chatfield did not give in to Trumps attempts to get them to diverge from the process of choosing electors.
So did Trump inflict lasting damage to our Federalist system? Are governors weaker than they were pre-Trump? If anything citizens now understand that in a crisis, governors are the ones who control things that are important to them like shutdown orders and vaccine distribution. Trumps campaign to convince governors to take actions to suppress the vote remains a huge problem for democracy but it is succeeding not because Trump had dictatorial powers over the states but because he has like-minded allies in many state houses and state legislatures.
Has Trump weakened the judiciary? No.
One of the hallmarks of dictators is that they weaken the judiciary so that courts rubber-stamp their every whim. But to Trumps dismay he discovered that appointing conservative judges is not the same as controlling judges the way someone like Vladimir Putin does. Trumps first controversial act as presidentthe famous Muslim banwas repeatedly struck down by the courts until the administration drafted a version that could pass legal muster.
When it came to trying to overturn the results of the 2020 election, Trump-appointed judges often made decisions that thwarted Trumps attempts at denying the results. Take, for instance, the following from Judge Stephanos Bibas, a Trump appointee on the 3rd Circuit, writing for the three-judge panel in Pennsylvania:
Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here.
In fact, after the election Trumps team brought 62 lawsuits and won one. The others he either dropped or he lost and many of those decisions were made by Republican judges. Perhaps his biggest disappointment had to be the Supreme Courts decision to not hear election challenges from states Trump believed he had won.
Did Trump weaken the press? No.
Trump spent four years using the bully pulpit of the presidency to mock the press, calling them names and the enemy of the people and referring to outlets he doesnt like as failing. He revoked the press credentials from reporters he didnt like. (Although the courts restored them.) Reporters have not been afraid to call out his lies. With Trump out of office for months now, no major news outlets have gone broke. None are afraid to criticize Trump or his supporters.
The free press is still free and fairly healthy. Its financial and structural problems have to do with their adaptation to the internet age, all of which predated Trump.
Some argue that Trump increased distrust in the media but as the following Gallup poll indicates, the lack of trust in the media fell in around 2008 has been largely constant since then.
Was Trump able to exert control over the civil service? No.
The United States government is based on the rule of law, not the rule of men. Nowhere is that more evident than in the behavior of the career civil service or the permanent government. In dictatorships there is no such thing as a career civil serviceonly loyalists who act on dictates from the man, not the law. Early on, Trump found out that he could not prevent the appointment of a Special Counsel to investigate his relations with Russia. Where the law allowed for discretion and where career government officials could legally implement a presidential orderas in the disastrous separation of children at the borderthe career civil servants acted as Trump wished. But where the law was clear Trump could not force his will on the bureaucracy.
Take, for instance, Trumps desire to announce a successful vaccine for the coronavirus before Election Day. When the Food and Drug Administration wrote guidelines that would govern when a pharmaceutical company could get emergency-use authorization to begin distributing vaccines, the Trump administration tried to block thembecause it would mean release of the vaccines after the election. The attempt to politicize a scientific process was not well received by FDA employees and career scientists, who in defiance of the White House went ahead and published the vaccine guidelines, which the Trump administration then approved after the fact.
Frustrated by the many veto points in the system, Trump took to issuing executive actions, many of which were focused on the environment. But once again he did not see the limits of his powers. According to a Brookings study:
Many of the Trump administrations measures, environmental or otherwise, have failed to stand up in court, with the administration losing83 percentof litigations.
While Trump has been able to weaken environmental regulations, the courts and the system itself proved to be guardrails. As of the last year of his administration less than half of his environmental regulatory actions (48 out of 84) were in effect. The others were either in process or have been repealed or withdrawnoften after the administration lost in court.
Conclusion
The fact that Trump did not tear down the major guardrails of democracy does not mean that all is well in the United States. He attracted the support of millions of voters in 2020 and, even more dangerous is the fact that much of the Republican Party still insists on refuting the results of that election and weakening non-partisan election administration in certain states where they hold legislative majorities. Norms have been broken and could yet result in majorities that overturn laws and weaken institutions. Its possible that had Trump been more experienced in government he could have been able to amass the powers he so wanted to have. The lesson is that democracy requires constant care and constant mobilization.
But all in all, my bet is that the Founding Fathers would be proud of the way the system they designed stood up to and thwarted King Trump. The guardrails held: Congress was not disbanded and its powers were not weakened, the states retained substantial power and authority over their own citizens, the courts displayed their independence and ability to stand up to the presidency, the press remained free and critical and the bureaucracy held to the rule of law, not the whim of man.
[1] See William A. Galston, Anti-Pluralism: The Populist Threat to Liberal Democracy,
[2] In July 2017 Congress passed a Russian sanctions bill that included in it a unique provision limiting Trumps ability to lift sanctions unilaterally. The bill was opposed by the White House but passed the House 419 to 3 and the Senate 98 to 2meaning it was veto proof. The constraint on presidential action was a major step thwarting Trumps romance with Putin.
Since then Republican senators have been openly critical of Trump on a variety of other foreign policy moves: many Republican senators condemned his praise of Putin at the 2018 Helsinki summit, some joined Democrats in opposing Trump actions in Yemen and 2/3 of House Republicans joined Democrats in condemning Trumps actions in Syria. Some Republicans joined Democrats in opposing Trumps declaration of an emergency at the southwest border. In 2020, Republicans joined Democrats in a bill to rename bases that had been named after Confederate leaders and Trump did not veto it.
Continued here:
Did Trump damage American democracy? - Brookings Institution
- Threats to democracy in the 2nd Trump administration - Niskanen Center - January 9th, 2025 [January 9th, 2025]
- North Carolina Supreme Court GOP Candidate Seeks to Tilt the Playing Field in His Favor - Democracy Docket - January 9th, 2025 [January 9th, 2025]
- Lessons from self-inflicted blows to democracy in South Korea and the U.S. - NPR - January 9th, 2025 [January 9th, 2025]
- Nowicki: Its a New Year. Will it be the same democracy? - Oregon Daily Emerald - January 9th, 2025 [January 9th, 2025]
- Democracy depends on obedience - America: The Jesuit Review - January 9th, 2025 [January 9th, 2025]
- The rise and fall of Justin Trudeau Democracy and society - IPS Journal - January 9th, 2025 [January 9th, 2025]
- Not All Elections Are Created Equal - Renew Democracy Initiative - January 9th, 2025 [January 9th, 2025]
- Kamala Harris says Americas democracy stood, after certifying Trumps election victory as it happened - The Guardian US - January 9th, 2025 [January 9th, 2025]
- Democracy dies, first, in the workplace: A conversation with Hamilton Nolan and Sara Nelson - The Real News Network - January 9th, 2025 [January 9th, 2025]
- The Militia and the Mole: Reporter Josh Kaplan on How a Freelance Vigilante Infiltrated U.S. Militias - Democracy Now! - January 9th, 2025 [January 9th, 2025]
- U.S. DOE Selects Nine Organizations for Regional Energy Democracy Initiative in Texas and Louisiana - SolarQuarter - January 9th, 2025 [January 9th, 2025]
- Everss Direct Democracy Initiative Should Go Directly to the Waste Bin - MacIverInstitute - January 9th, 2025 [January 9th, 2025]
- Unpacking the Meta Announcement: The Future of the Information Ecosystem and Implications for Democracy - Just Security - January 9th, 2025 [January 9th, 2025]
- Harris called Trump a danger to democracy. Now she is set to certify his election win - The Independent - January 6th, 2025 [January 6th, 2025]
- After a year of elections, whats next for democracy in 2025? - Eco-Business - January 6th, 2025 [January 6th, 2025]
- Psychological profile of Daniel Ortega and the Crisis of Democracy in Nicaragua - Robert Lansing Institute - January 6th, 2025 [January 6th, 2025]
- Southeast Asias human rights and democracy: A reflection - The Jakarta Post - January 6th, 2025 [January 6th, 2025]
- Fareed Zakaria, "The Crisis of Democracy Is Really a Crisis for the Left" / "Why Is the Left Flailing? Look at New York vs.... - January 6th, 2025 [January 6th, 2025]
- Slotkin prioritizes protection of democracy ahead of U.S. Senate swearing-in - Michigan Advance - January 6th, 2025 [January 6th, 2025]
- Before preaching democracy, political parties must lead by example: The Daily Star - asianews.network - January 6th, 2025 [January 6th, 2025]
- Liberal Democracy Shrinks in India, Turkey and the US - IDN-InDepthNews - January 6th, 2025 [January 6th, 2025]
- What does an America without democracy look like? Were about to find out. - The Hill - January 6th, 2025 [January 6th, 2025]
- Biden says Trump is a genuine threat to democracy, scolds reporters - MSN - January 6th, 2025 [January 6th, 2025]
- Nonprofits Are at the Core of American Democracy. Now Theyre Under Threat - TIME - January 6th, 2025 [January 6th, 2025]
- New Congress Takes Office Tomorrow What This Means for Voting Rights - Democracy Docket - January 6th, 2025 [January 6th, 2025]
- Who were the winners and losers of African democracy in 2024? - RFI English - January 6th, 2025 [January 6th, 2025]
- Commentary: 2024 saw plenty of elections, little in the way of democracy - Stocktonia News - January 6th, 2025 [January 6th, 2025]
- Opinion | The crisis of democracy is really a crisis for the left - The Washington Post - January 6th, 2025 [January 6th, 2025]
- Biden takes departing jab at Trump, says he was a genuine threat to democracy - Fox8tv - January 6th, 2025 [January 6th, 2025]
- The Best and Worst of 2024 - Democracy Docket - January 6th, 2025 [January 6th, 2025]
- Democracy vs. bureaucracy: How populism became the handmaiden of tech - Washington Examiner - January 6th, 2025 [January 6th, 2025]
- Avery Davis-Roberts former manager of The Carter Centers democracy program gives interview on Carter's legacy - Americus Times-Recorder - January 6th, 2025 [January 6th, 2025]
- Jimmy Carter sought to expand democracy worldwide long after he left the White House - The Associated Press - January 1st, 2025 [January 1st, 2025]
- Local news organizations are vital to healthy communities and democracy | Guest Column - Port Townsend Leader - January 1st, 2025 [January 1st, 2025]
- Daily Briefing Dec. 30: Day 451 Democracy in Syria? De facto leader says not so fast - The Times of Israel - January 1st, 2025 [January 1st, 2025]
- What I learned from talking to Atlantans about our democracy this year - Atlanta Civic Circle - January 1st, 2025 [January 1st, 2025]
- In Trumps America, Theres Democracy Only When He Wins - Democracy Docket - January 1st, 2025 [January 1st, 2025]
- Democratic Sen. Andy Kim: 'The opposite of democracy is apathy' - CNN - January 1st, 2025 [January 1st, 2025]
- Germany, France and Poland condemn violence in Georgia, stress support for pro-democracy movement - The Associated Press - January 1st, 2025 [January 1st, 2025]
- The Fulcrum Democracy Forum Meets Tim Shriver, Special Olympics International Board of Directors - citybiz - January 1st, 2025 [January 1st, 2025]
- The inspiring resilience of democracy - Financial Times - January 1st, 2025 [January 1st, 2025]
- Lapid warns Israel must choose between democracy and theocracy - The Times of Israel - January 1st, 2025 [January 1st, 2025]
- The People and Groups Who Tried to Disenfranchise Voters in 2024 - Democracy Docket - January 1st, 2025 [January 1st, 2025]
- Opinion: 2024 was a Year of Elections when democracy lost out - The Globe and Mail - January 1st, 2025 [January 1st, 2025]
- PMs wife accuses AG of terrorizing Israeli democracy with probe into her conduct - The Times of Israel - January 1st, 2025 [January 1st, 2025]
- South Asia In 2024: Elections, Transitions, And The Struggle For Democracy - thefridaytimes.com - January 1st, 2025 [January 1st, 2025]
- Uprising for Democracy in the Caucasus - CounterPunch - January 1st, 2025 [January 1st, 2025]
- Our Country and Democracy Demand Open Hearts and Minds - Washington Monthly - January 1st, 2025 [January 1st, 2025]
- Hes anti-democracy and pro-Trump: the obscure dark enlightenment blogger influencing the next US administration - The Guardian US - December 22nd, 2024 [December 22nd, 2024]
- Column | Musks dangerous, exaggerated conflation of social media and democracy - The Washington Post - December 22nd, 2024 [December 22nd, 2024]
- In a year of global elections, what did we learn about the state of democracy? - NPR - December 22nd, 2024 [December 22nd, 2024]
- Opinion | What if Our Democracy Cant Survive Without Christianity? - The New York Times - December 22nd, 2024 [December 22nd, 2024]
- The Future of Democracy and Human Rights in American Foreign Policy - Center for Strategic & International Studies - December 22nd, 2024 [December 22nd, 2024]
- Democrats really dont understand democracy, or why they lost the presidential election - OCRegister - December 22nd, 2024 [December 22nd, 2024]
- 'The state of democracy in the world is worse than in the 1930s' - Le Monde - December 22nd, 2024 [December 22nd, 2024]
- Musk Shouldn't Be Allowed to Toy With Britain's Democracy - Bloomberg - December 22nd, 2024 [December 22nd, 2024]
- Bashar Assad is finished but Syrias fight for democracy is just beginning - POLITICO Europe - December 22nd, 2024 [December 22nd, 2024]
- Buying democracy: The corrupting influence of Elon Musk - Counterfire - December 22nd, 2024 [December 22nd, 2024]
- Democracy has a good chance of slipping away - The Gazette - December 22nd, 2024 [December 22nd, 2024]
- Democracy across the Americas is in crisis - The Conversation - December 22nd, 2024 [December 22nd, 2024]
- Human Rights Watch: Israels Extermination and Genocide in Gaza - Democracy Now! - December 22nd, 2024 [December 22nd, 2024]
- Another Member of NYC Mayor Eric Adamss Inner Circle Is Indicted - Democracy Now! - December 22nd, 2024 [December 22nd, 2024]
- Trumps Presidency Will Unleash Right-Wing Sheriffs Across America - Democracy Docket - December 22nd, 2024 [December 22nd, 2024]
- Amid a year of elections around the world, is democracy expanding or retreating? - KUOW News and Information - December 22nd, 2024 [December 22nd, 2024]
- Rape Club Prison in California: U.S. Govt to Pay Record $116M to 103 Women Who Sued over Abuse - Democracy Now! - December 22nd, 2024 [December 22nd, 2024]
- Donald Trump Tamed the Media. Some Even Paid for the Privilege. - Democracy Docket - December 22nd, 2024 [December 22nd, 2024]
- Undermining democracy: The weaponization of social media in Romanias 2024 elections - EDMO - December 22nd, 2024 [December 22nd, 2024]
- Rep. Barry Loudermilk pushes democracy to the brink - Baptist News Global - December 22nd, 2024 [December 22nd, 2024]
- A Better World is Possible: Strengthening Civic Participation and Local Democracy Through Participatory Budgeting - Amherst Indy - December 22nd, 2024 [December 22nd, 2024]
- Do Not Obey in Advance: Timothy Snyder on How Corporate America Is Bending to Trump - Democracy Now! - December 22nd, 2024 [December 22nd, 2024]
- Opinion | Is Democracy Getting Sick of Winning? - The Wall Street Journal - December 22nd, 2024 [December 22nd, 2024]
- Redistricting Cases that Could Impact the 2026 Midterms - Democracy Docket - December 22nd, 2024 [December 22nd, 2024]
- Opinion | Why Im Not Giving Up on American Democracy - The New York Times - November 30th, 2024 [November 30th, 2024]
- NRx: The (underground) movement that wants to destroy democracy - EL PAS USA - November 30th, 2024 [November 30th, 2024]
- 25 Years Ago, the Battle of Seattle Showed Us What Democracy Looks Like - The Nation - November 30th, 2024 [November 30th, 2024]
- Opinion: Georgias civil society is the last line of defense for democracy - Kyiv Independent - November 30th, 2024 [November 30th, 2024]
- Inflation And Democracy Are Still Tied At The Hip - Forbes - November 30th, 2024 [November 30th, 2024]
- The constitutional court is easy to crack: the threats to German democracy go on stage - The Guardian - November 30th, 2024 [November 30th, 2024]
- Opinion | Why American democracy will survive a second Trump term - The Washington Post - November 30th, 2024 [November 30th, 2024]
- Opinion | Taiwan Is Ready to Defend Democracy. Is Trump With Us? - The New York Times - November 30th, 2024 [November 30th, 2024]