As the United States gears up for another presidential election in 2024, the lingering shadows of the 2020 election controversies are casting long shadows over the nation’s commitment to the rule of law. This year, several significant issues are poised to test the resilience of U.S. democracy and its foundational legal principles.
Accountability for the Capitol Siege
On January 6, 2021, the U.S. Capitol witnessed a disturbing display of violence as supporters of then-President Donald Trump stormed the building, leading to widespread condemnation and calls for accountability. To date, the Justice Department has charged 1,250 individuals, with over 890 convictions relating to the siege. Despite these actions, broader accountability, especially concerning Trump’s role, remains unresolved. Trump’s second impeachment ended in acquittal by the Senate, and ongoing investigations have yet to conclude definitively regarding his conduct surrounding the 2020 election outcomes.
Election Integrity and Upcoming Challenges
As the 2024 elections approach, the integrity and security of the electoral process are under scrutiny. Recent polls suggest that a significant portion of the American public is concerned about the future of democracy and the peaceful transfer of power. The U.S. currently ranks 37th out of 142 countries in terms of confidence in the government’s ability to lawfully transfer power, indicating a precarious trust in the electoral process that has only slightly recovered from its 2020 low point.
Judicial Decisions on Presidential Immunity
A contentious issue heading into the elections is the scope of presidential immunity. Trump’s legal team has argued that his presidential acts, including those related to the election’s outcome, should not be subject to prosecution. This issue is set to be addressed further in the courts, including a potential Supreme Court decision on whether Trump can be removed from ballots under the 14th Amendment due to his actions during and after the Capitol siege.
Legislative and State-Level Responses
Several states and legislative bodies are considering measures that could significantly impact the rule of law and the electoral process. For instance, Maine and Colorado have already taken steps to potentially bar Trump from the ballot, citing the insurrection clause of the 14th Amendment. These actions raise critical questions about states’ roles in enforcing constitutional norms and the broader implications for the rule of law.
Public Confidence and the Rule of Law
The overall confidence of the American public in the rule of law will be crucial in shaping the political landscape in 2024. Efforts to uphold or undermine the rule of law at various government levels will likely influence public perception and participation in the democratic process. As such, maintaining a commitment to legal principles and transparent governance will be key to navigating the challenges ahead.
