American Democracy Under Siege: Constitutional Experts Warn of Rising Authoritarianism

In a recent panel hosted by American Community Media, three prominent scholars analyzed the state of democracy in the United States. The discussion underscored how political polarization and institutional erosion, especially under the Trump administration, are fueling an authoritarian shift that threatens civil liberties and democratic norms.

Authoritarianism Is No Longer a Foreign Threat

Lucan Ahmad Way, Professor of Political Science at the University of Toronto, argued that the United States is experiencing a faster and more insidious form of authoritarianism compared to other countries like Hungary or Poland. “What we’ve seen in the U.S. is a much quicker imposition of authoritarianism,” he said.

Way introduced the concept of competitive authoritarianism, a regime where elections are held but systematically undermined. “In the U.S., dictators are elected and appear to follow democratic procedures while eroding its foundations from within,” he explained. This model enables authoritarian leaders to maintain a democratic façade while weakening core institutions such as a free press, the judiciary, and legislative oversight.

He also emphasized that American democracy has always been “imperfect,” particularly in its treatment of racial minorities and marginalized communities. “What’s new is that now even mainstream political opposition is under attack,” he added. The current moment, he warned, is marked by the normalization of anti-democratic rhetoric and complicity within parts of the political system.

The Judicial System in Peril

Aziz Z. Huq, Professor of Law at the University of Chicago, focused on the institutional weakening of courts and due process. He noted that during the early months of the Trump administration, there was a sustained pattern of disregard for judicial rulings. “Federal judges are facing rhetorical attacks from the White House and from private entities aligned with the administration. This has an intimidating effect,” he said.

Huq stressed that due process is a foundational right protecting all individuals—citizens or not—from arbitrary state actions. “It’s the right to be heard before the government takes any measure that affects your liberty or well-being,” he explained. This basic safeguard, he argued, has been repeatedly undermined under the guise of public order or national security.

Regarding habeas corpus, Huq was blunt: “It is unlawful for the government to transfer a detainee outside of their jurisdiction before their legal claim is resolved. And yet, that’s happening to students and protesters.” These practices, he argued, violate essential constitutional principles and represent an authoritarian shift with real, physical consequences.

Authoritarian Expansion and a Constitutional Crisis

Gloria J. Browne-Marshall, a constitutional law scholar at John Jay College (CUNY), remarked that many Americans took their liberties for granted—until they began to vanish. “We assumed our rights were permanent, but we’ve been asleep while a constitutional crisis has been growing,” she warned. “It now affects not only Black Americans, but also migrants, students, and dissenters.”

Browne-Marshall asserted that fear has been a central tool of political control. “The attack on universities, the repression of protests, and the criminalization of entire communities are all part of an authoritarian strategy,” she noted. She also highlighted how social fragmentation plays into the regime’s hands. “We need unity among isolated groups. Only then can we resist this model of power,” she added.

She emphasized the role of women, racialized communities, and youth as key drivers of democratic resistance. “These groups have the power to reshape history—but only if they understand the system and act strategically,” she said. Browne-Marshall concluded by reminding the audience that constitutional rights are not automatic; they are tools that must be actively defended.

What Seems Irreversible Can Still Be Reversed

Despite the alarming outlook, the panelists agreed that democratic backsliding is not inevitable. “We are in an authoritarian regime, but that doesn’t mean it’s irreversible. We must name it and respond accordingly,” Way insisted. Recognizing early signs—extreme polarization, anti-pluralist rhetoric, and judicial defiance—is crucial, he said, along with responding across all spheres: legal, political, educational, and civic.

Democracy: An Unfinished Project

The forum made one thing clear: American democracy is in crisis, but it is not beyond saving. Its survival will depend largely on the ability of citizens to resist, organize, and forge a new, more inclusive social contract. As the speakers reminded us, democracy is not a guaranteed legacy—it is an unfinished project that must be defended daily against the threat of unchecked power.