Guilty x 34 – What the Hush Money Process tells us about the State of American Democracy

Guilty in all charges

Last week in New York, the 12 jurors agreed unambiguously that Donald Trump is guilty of all 34 charges he faced during the Hush Money Trial.

As discussed broadly, this does not prevent him from being a presidential candidate for this year’s elections or from eventually being elected. Theoretically, the Constitution even allows him to hold the presidential office while in jail. But apart from Trump’s chances for a second presidency, the trial tells us so much more about the state of American democracy today.

Source: https://www.ft.com/content/0db07c5b-ebe8-4e35-8642-4c8415d5ec55

An Imperfect Constitution

The state of US democracy is in a precarious position. Since Trump's political debut in 2016, the country has experienced a steady decline in democratic standards. This is not just a perception but a reality that citizens, experts, and various democracy indicators have confirmed.

As the case of Donald Trump illustrates, the American Constitution lacks fundamental guidelines to keep the US democracy in check nowadays. How can it be that convicted criminals lose their right to vote but are still allowed to be President of the country? As this inconsistency shows, the Constitution is partly responsible for the misery of US democracy. However, the founding fathers could have never imagined a situation like the current one when they signed the Constitution in 1787. Much more likely, they were concerned about a potential civil war between smaller and bigger states and developed a framework that would tackle the 18th-century challenges. On top of this, they would have never thought that this Constitution, written in a moment of uncertainty and despair about the American faith, would even last for almost 300 years.

However, the reality is that the US is grappling with a constitution that is ill-suited to the challenges of a 21st-century nation, its diverse demographics, and its evolving political landscape. The question then becomes, are fundamental adaptations and improvements the solution to this pressing issue? Absolutely! Is it realistic that these adaptations will be realized soon? Absolutely not. Unfortunately, the necessary majorities are missing, so the US has to keep its democracy in check without the help of a suited constitution.

A Working Judiciary

The constitutional setting is a misery. And for everyone who knows a little bit about constitutions and their effects on democratic conditions, it is a shame. A well-formulated constitution is the easiest way to ensure democratic standards. But as several failed democracies around the world have proven, it needs more than just a beautiful constitution. It takes a judiciary system that upholds the rights and laws actively and on a daily. And at least this part still works pretty well.

Yes, Donald Trump has harmed the judiciary during his presidency. He has politicized the Supreme Court when he packed it with loyalists. And his ongoing attacks against the judicial system, accusing everyone of corruption and undermining its credibility, have harmed the judiciary’s image among the population. People have lost trust in fundamental democratic institutions. Nonetheless, this exact judicial system still works. The fact that Trump also lost this case (this year, he already lost two less prominent cases with similar white-collar crimes) proves that despite all of his efforts, the US judiciary is still an actively working pillar in the US democracy. And even Trump can’t undermine its full legal power. As long as the judiciary is not fully politized and unconditionally loyal towards Trump, democracy has good survival chances.

No Need for High Hopes, but the US isn’t doomed either

I don’t want to play it down. The US democracy is intoxicated with Trump’s populist agenda and attacked by his anti-democratic behavior. US democracy is endangered, it is under attack. And we all, citizens and experts as supporters of a free, democratic world, should keep a critical eye on these developments.

This trial’s outcome did not avert the danger US democracy faces. But it gives hope that the US democracy is more resistant towards despots like Trump than you might have thought. Every judicial success against Trump reduces his power and increases the chances that more people will question his actions and that fewer people will vote for him. Personally, I really hope that I don’t have to see Trump in office again. But even if this should be the case, I don’t think that US democracy is doomed to fail right away. The hush money trial gave me the hope that the judicial system is strong enough to survive also a second Trump presidency.