Democracy In Peril

When government by the people is no longer for the people

U.S. democracy is facing an existential challenge. The core concept of any democracy, namely the rule of law, appears increasingly precarious in the United States, and signs of democratic backsliding are now unmistakable. Threats to the independence of the judiciary; failure to adhere to the constitutional rights of individuals; lack of independence of the legislature from the executive; and political targeting of critics of the government are among the many symptoms of a democracy under strain. Recent events in Minnesota underscore these concerns. Video evidence and eyewitness observers document the use of excessive force by federal law-enforcement agents during Operation Metro Surge. ICE agents went so far as to shoot and kill two protesters who posed no apparent threat to law enforcement or to others, following which the Justice Department announced investigations into the victims and failed to discipline the officers involved. More generally, the current administration appears to be using the power of government against individuals and groups it perceives as political opponents. Individuals targeted include members of Congress and retired military officials, who have been placed under investigation and threatened with prosecution for speaking out against the administration.

These actions of the U.S. government in recent months are reminiscent of patterns seen in other supposed democracies hovering on the brink of authoritarianism elsewhere in the world and throughout history. Both Hungary and Poland have struggled against the forces of authoritarianism, where weakening of judicial independence, control of the media and targeting of journalists and others by the government, unchecked use of emergency powers, and disregard of civil rights have been regular features of the political landscape in those countries. Struggles over the independence of the judiciary have been common in other countries at risk for democratic backsliding as well. These are arguably stops on the way to full-blown autocracy, such as seen in China and Russia, where no organizations can survive if they are truly independent of the government.

The University of Pennsylvania’s Center for Ethics and the Rule of Law (CERL), together with Penn Carey Law, will host a public panel to compare the current state of democratic backsliding in the United States with instances of such democratic decay in other countries. Professor Wojciech Sadurski, Polish constitutional scholar and Bok Visiting International Professor at Penn Carey Law, will offer comparative insights from Poland, discussing what the incoming Polish government faces as it navigates an institutional landscape that is deeply damaged by years of illiberal rule and riddled with entrenched authoritarian enclaves. Poland’s “post-populist predicament” offers lessons for other states that may soon attempt to transition away from populist-authoritarian governance.

Professors William W. Burke-White, Professor of Law at Penn Carey Law, Mitchell A. Orenstein, Professor of Russian and East European Studies at Penn, and Rogers M. Smith, Christopher H. Browne Distinguished Emeritus Professor of Political Science at Penn, will contribute their expertise to a discussion about the risk of democratic backsliding and to help members of the audience place events occurring in the United States today in the broader context of history and international developments. Professor Claire Finkelstein, Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of CERL, will moderate the discussion.