Priyanka Singh
Published on: October 8, 2022 at 20:38 IST
The United States has been going through a vicissitude in the last years, with highly problematic curvatures of authoritarianism and fascism. Though, being faced by the globe today, the problem has been haunting the Western democracy since forever, and the situation has only grown worse.
In the Great American Judicial Arena, there has been a selection of ultraconservatives, who themselves have been selected by Presidents who did not win by popular vote, injecting extreme rightist into the system, threatening the US democracy in the process.
One such example of the beginning of the end is the Moore vs. Harper case.
The case rests upon the theory of Independent State Legislature (ISL), which imposes a notion in the US Constitution which states no need for a judicial oversight when setting up time, place and mannerism for the federal elections for the state legislatures, handing them absolute power to run federal elections without judicial interference.
One such example of this theory in form is the previous US election, where former President Donald Trump attempted mass intimidation in his favour, resulting in the unfortunate storming of the Capitol Building on 6th January.
But, in the contrasting reality, Trump had tried controlling the legal core to convince the many Republican States (30 out of 50) of faking Trump electors in states where he lost the popular votes in actuality.
Had Trump succeeded, he would’ve stayed in office via Electoral College set up by his own majority. This would’ve left United States authoritarian in nature, likely pairing it with Countries like Hungary or Turkey, where the leaders made a structural assurance to be never out of power.
The case shows the decreasing reliability on the Apex Court of the US with the numbers being only 70 cases per 70,000 presented for review. On contrary, Brazil’s top court adjudicates and disposes of about 1,00,000 cases a year.
It is highly likely that the US court accepted the Moore case in order to support the ISL theory.
The situation is a pile up of decades of coalitions of corporations and rightwing religious fundamentalists. The history of such associations shows the effect of the rightwing and how the funders have represented wealth as the essential in the process of controlling of the political system.
It is obvious to the prudent mind that the associations have figured the way democracy can uproot a political as well as the economical thrones, giving them motive to manipulate the system.
Without laying down the preliminaries for the contemporary expropriation of the Supreme Court, the rightwing funding nexus would not have existed.
The Moore case would practically suppress the right of people to vote and place electoral power in the hands of a cluster of organizations and officials a.k.a. authoritarianism. This cluster would have depreciated the people’s vote by interference of absolute ideology ruling the cluster and via them, the United States.
This only concludes the weakening and devaluation of the Supreme Court, whose revival is the road to balanced democracy.