USA: ‘The Stakes in the 2024 Election Are Incredibly High for the Fate of US Democracy’

Civil Society, Crime & Justice, Democracy, Featured, Headlines, International Justice, North America, TerraViva United Nations

Jul 25 2024 (IPS) –  
CIVICUS discusses the recent US Supreme Court ruling on presidential immunity and its potential impact on the 5 November presidential election with Ciara Torres-Spelliscy, a professor of Law at Stetson University College of Law.


On 1 July, the US Supreme Court ruled that presidents have absolute immunity for the exercise of their core constitutional powers and are entitled to a presumption of immunity for other official acts, although they don’t enjoy immunity for unofficial acts. The decision comes as Donald Trump faces criminal charges for trying to overturn his 2020 election loss to Joe Biden. The question now is whether Trump’s actions will be considered official or unofficial. But it’s unlikely he’ll be tried before the election, and if he returns as president he could pardon himself. Critics claim the Supreme Court ruling violates the spirit of the US Constitution by placing the president above the law.

What are the main points of the Supreme Court ruling on presidential immunity?

This is a ruling in the federal case against Trump for trying to overturn his loss to Biden in the 2020 election. He is accused of pressuring state officials to overturn the results, spreading lies about voter fraud and using the Capitol riot of 6 January 2021 to delay Biden’s certification and stay in power. Trump pleaded not guilty and asked the US Supreme Court to dismiss the entire case, arguing that he was acting in his role as president and was therefore immune from prosecution.

The Supreme Court didn’t do that, but instead created three new categories of presidential immunity: complete immunity for official acts involving core constitutional powers, potential immunity for acts within the ‘outer perimeter’ of official duties and no immunity for private, unofficial acts.

The key question now is whether Trump’s actions will be deemed official, giving him immunity, or unofficial, leaving him open to prosecution. This is the first case of its kind, as Trump is the first American president to be prosecuted.

How does this ruling affect Trump’s other criminal cases?

This immunity ruling is likely to delay all four of his criminal cases, as judges will have to apply these new rules and drop any charges that involve the use of core presidential powers, as these can no longer be used as evidence against him.

As well as being accused of trying to overturn his 2020 defeat, Trump is also accused of paying adult film actress Stormy Daniels hush money during the 2016 election and not properly accounting for it in his business records. This case is unlikely to be affected by the ruling, as his actions don’t involve either core or peripheral presidential powers. Judge Merchan will have to decide whether any of his 34 felony business fraud convictions will stand or be thrown out.

But some of his other crimes occurred during his time in the Oval Office. Trump is accused of conspiring to overturn his 2020 loss in Georgia by asking the state’s top election official to ‘find 11,780 votes’. Trump has pleaded not guilty and could be prosecuted in his personal capacity, as presidents have no role in administering US elections. As in the Capitol case, this was a private action he took as a candidate and it would be difficult to fit into the category of presidential immunity.

The fourth case Trump faces is the Mar-a-Lago classified documents case. Trump is accused of mishandling classified documents by taking them to his Mar-a-Lago residence after leaving office and refusing to return them to the National Archives when he could no longer lawfully possess them. As his alleged crimes took place when he was no longer president, this case shouldn’t be affected by the immunity ruling. However, he could argue he possessed the documents while in office and ask that his case be treated differently from other defendants. This case was dismissed by Judge Cannon. However, the Mar-a-Lago criminal case could come back to life if the 11th Circuit reverses her dismissal.

What are the broader implications of this case for the presidential election?

After this decision, the American public should think about the consequences of who they elect as president, because the presidency can become a wellspring of crime.

An honest president wouldn’t be affected by the Trump v. US decision, because an honest person doesn’t need criminal immunity. Only time will tell whether the Supreme Court has invited future presidents to go on a crime spree. But what is certain is that only US voters can keep criminals out of the White House. So, as I write in my new book, Corporatocracy, the stakes in the 2024 election are incredibly high for the fate of US democracy.

Civic space in the USA is rated ‘narrowed’ by the CIVICUS Monitor.

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This Time is Different for Fiscal Policy – Ageing Proceeds Fast

Civil Society, Democracy, Featured, Global, Global Governance, Headlines, Human Rights, IPS UN: Inside the Glasshouse, Population, TerraViva United Nations

Opinion

Senior citizens are exercising at a park in Bangkok. Out of 67 million Thais, 12 million are elderly. Credit: UNFPA Asia and the Pacific

BANGKOK, Thailand, Jul 25 2024 (IPS) – Several Asia-Pacific countries are ageing fast. This transition is neither unique nor limited to the region — it is a global megatrend. However, this time it is different. Why? Because ageing proceeds quite fast.


While France and Sweden took 115 and 85 years, respectively, to progress from being an ageing society (with 7-14 per cent of the population aged 60 or older) to an aged society (14-21 per cent aged 60 or older), the same transition in China, Singapore, Thailand and Viet Nam is expected to take only 19-25 years.

Compared to other global megatrends that are shaping economies, such as digitalization or climate change, demographic shifts remain relatively foreseeable and slower by nature. This provides some soothing yet misleading comfort to policymakers. The impact these shifts have on economies is far from being simple, and analysts struggle to fully understand and/or quantify them.

The economy is the people. Therefore, demographic shifts stand out as one of the most influential factors shaping any aspect of an economy. Changing demographics means altering the essence and purpose of all economic activities.

As the purpose changes, so do the needs. Changes in productivity, the share of population in job markets, fiscal policy conduct and effectiveness, and how monetary policy affects economies – all these processes introduce high uncertainty into long-term economic and fiscal policy planning.

Why do the analysts struggle with quantifying the economic impact of ageing? The net change is a sum of multiple factors, often working in opposing directions. As people age, their productivity tends to fall. On the other hand, this trend is offset by technological progress, though to a largely unknown extent, making the net impact difficult to predict.

Ageing societies also exhibit a shift in consumption from durables (e.g. cars) to essential services (e.g. health care), thus affecting a country’s composition of demand for goods and services and tax revenues. Ageing also changes labour force participation. In simple terms, the share of working people in aged societies is lower than in young ones.

Furthermore, the more developed a society is, the greater the temptation to withdraw from the workforce as older people have the possibility to withdraw faster from labour force and enjoy the comfort of retirement. In contrast, in developing societies older people must work up until very old age to avoid poverty. No stone remains unturned.

Why is that all troublesome from the perspective of fiscal policymaking?

First, policymakers would like to know how much of goods and services are and will be produced so that they can plan how to redistribute them through taxes and fiscal expenditures. In plain words, policymakers need to know how to cut and redistribute the “economic pie” (GDP) – and it is not easy to predict its size in the future.

Second, some fiscal expenditures increase and some fall as societies age. Fiscal expenditures on pensions rise along with health care and other forms of social protection. In contrast, education expenditures fall given less demand for children education.

Third, the exact scale and time of these shifts is not easy to determine.

However, Governments do not have to remain passive observers of the demographic shifts, as they have multiple tools to soften the negative impact and boost positive processes. For example, premature retirement results in excessive burden on the fiscal system. Reskilling and upskilling of older people do retain them in work force, increase economic output and reduce poverty among older persons.

At the same time, governments may implement society-wide policies that support healthy and active ageing. With the help of modern technologies and experience from other aged countries, such as Japan, much can be done to keep people active into old age.

All such actions not only improve quality of life and economic performance among older people, but also, directly alleviate the fiscal burden of pension systems as retirement is postponed.

Finally, all the challenges highlighted above and policies needed to address them are closely linked. Therefore, policymakers should seek to address few problems at a time looking for synergies.

For example, greater investments in health care, education, social protection, and environment protection do not only improve the quality of life but also allow people to stay employed for a longer time period.

A better environment improves people’s health condition, which supports economic activity and decreases public spending needs for social protection and health care. In turn, saved social protection and health care expenditures can be used to support other development priorities.

This holistic approach must become the norm of government policy planning. Socioeconomic policies must embrace the idea of synergies between their goals, so that spending on one policy target also supports other goals.

For more insights into how demographic shifts are reshaping Asia-Pacific economies, fiscal policy, and the overall development agenda please delve into the Economic and Social Survey of Asia and the Pacific 2024, prepared by the United Nations Economic and Social Commission for Asia and the Pacific.

Michał Podolski is Associate Economic Affairs Officer

IPS UN Bureau

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