A fig leaf democracy

Americas constitution exposed

Oscar-winning film-maker Errol Morris described America as a “fig leaf” democracy.

IMHO that leaf was held in place by a decades long unspoken agreement between Republicans and Democrats, “We’ll fight like cats and dogs over policy, but not the stuff under the fig leaf that suits us both; the loopholes, protocols and norms like gerrymandering, political appointment of judges, the electoral college, PACs, Super PACs… etc.”

After 4 years of Trump (culminating in Jan 6th’s unprecedented display of contempt), Biden’s administration chose to stick with the legal framework and “constitutional norms” under the fig leaf. They chose to prosecute the symptom, this suited both sides of the aisle and worked out well for Trump. As for the underlying cause…. it was business as usual.

... And the business of politics had never been so good, donations up all round - even in the (largely un-reported) business behind the checks and balances of power. In those states where judges are elected their campaign costs have grown 280% since 2004. In 2023 the election for Wisconsins Supreme Court cost more ($51 million) than an entire general election in the UK.

So now what ?

In America the outcome of Trump’s assault on checks and balances will primarily be determined by the legal framework under the fig leaf. You can track how the legal challenges to Trumps executive orders here. Past performance isn’t encouraging - the Supreme Court (with its politically appointed judges) gifted Presidential immunity to Trump last year.

In the rest of the world, democracy’s ability to resist authoritarianism is being tested. 2024 saw 42 nations “autocratizing”, nearly four times as many as 2004 (there were 11). The outcome will be determined by their desire to;

1. inoculate against the election strategies Trump employed

2. protect the robustness of institutional checks and balances with more than a fig leaf.

There are signs of light.

Mick Antoniw MS, Minister for the Constitution in Wales announcing the first democracy in history is outlawing political deception.

Wales is the first democracy in history outlawing political deception. Politicians connecting the dots between political deception, public trust and autocracy was a factor driving the Senedd (Wales’s Parliament). Wales is aiming to have the legislation on the statute books in time for the next elections in 2026 - you can watch the rather impressive cross-party moment it was announced here. You can also show your support for the legislation by adding your name to the list of supporters.

Though Westminster shows little sign of connecting the dots, at least an understanding of the threat is growing. In the UK conferences like Professor Alan Jagolinzer's Cambridge Disinformation Summit are springing up, and books like Anne Applebaum ’s “Autocracy Inc” appeared on UK bestseller lists.

In Europe the first moves are being made towards regulating the algorithms behind social media. There are protests from Trump, Vance, Musk et al - they’re framing their argument as the EU being pro censorship/anti-free speech. That’s eloquently dissected and countered in Yuval Noah Harari’s “Nexus” by distinguishing the right to claim “Haitian immigrants are eating pets” from the algorithm sending it to the top of your news feed.

The main question for democracies is timescale. Legislation takes time and there’s a limited window of opportunity whilst aspiring autocrats learn from Trumps strategy/blueprint. The technology supporting the threat is evolving faster than the legal frameworks needed to counter it. If there’s anything to be learned from America’s fig leaf democracy it’s the speed at which your legal and constitutional framework can be left naked... and the time it takes for politicians to connect those dots between political deception, public trust and autocracy….

"Without facts, you can't have truth. Without truth, you can't have trust. Without trust, we have no shared reality, no democracy”. Professor Maria Ressa, Nobel Laureate

UPDATE 21.03.25