–Present: Contemporary America—Democracy, Rights, and the Future of Institutions

Capítulo 15

Estimated reading time: 10 minutes

+ Exercise

How to Read 2016–Present as an Institutional Stress Test

This period is best understood as a series of “stress tests” for democratic institutions: elections and voting systems, courts and executive power, federalism, public health agencies, and the information environment. A useful concept is institutional legitimacy: the public belief that rules are fair, outcomes are valid, and officials follow lawful procedures even when people dislike the result. When legitimacy is contested, conflicts shift from “who won?” to “whether the system counts as real democracy.”

Key concept: Institutions vs. outcomes

  • Institutions are the rules and organizations (election offices, courts, agencies, legislatures).
  • Outcomes are the policy results (tax rates, immigration rules, health mandates).
  • In contemporary America, political conflict often targets the institutional layer: who runs elections, how courts interpret rights, and which level of government controls policy.

2016–2020: Elections, Voting Access, and Legitimacy Disputes

Election administration as a political battleground

After 2016, debates intensified over how elections are run: voter identification rules, registration procedures, early voting, mail ballots, polling-place resources, and district maps. These are not just technical choices; they shape who can vote easily and how confidently the public accepts results.

Voting access: the mechanics behind the debate

Voting access disputes often revolve around three administrative “choke points”:

  • Registration (deadlines, automatic registration, purges, proof-of-citizenship requirements).
  • Ballot casting (ID requirements, early voting, mail voting, drop boxes, polling place closures or relocations).
  • Ballot counting and certification (signature matching, cure processes, recount rules, canvassing boards).

Practical example: Two states can both allow mail voting but differ sharply in access if one provides prepaid postage, broad eligibility, and a generous “cure” process for signature issues, while another requires strict witness rules and offers limited time to fix errors.

Step-by-step: How a U.S. election result becomes “official”

  1. Local administration: counties/municipalities run polling places, verify eligibility, and tabulate results.
  2. Canvass and audit: jurisdictions reconcile ballots cast with voters checked in; some states require risk-limiting audits or other checks.
  3. State certification: state officials certify totals based on local returns and legal standards.
  4. Electoral College process (presidential elections): states appoint electors under state law; electors vote; Congress counts electoral votes.
  5. Judicial review: courts can resolve disputes about rules, deadlines, or alleged irregularities, typically focusing on evidence and statutory authority.

Understanding these steps helps learners distinguish between policy disagreements (e.g., whether mail voting should be expanded) and legitimacy claims (e.g., whether lawful ballots were improperly rejected or counted).

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2020: Pandemic-Era Voting and the Challenge of Governing Under Emergency

COVID-19 as a test of public health institutions

The COVID-19 pandemic tested the capacity and credibility of public health agencies and the broader administrative state. Key institutional questions included: who has authority to issue emergency orders, how scientific guidance is communicated, and how to balance collective risk reduction with individual liberty.

Federalism in a public health crisis

Because states hold broad “police powers” over health and safety, many pandemic policies varied widely: business closures, mask rules, school operations, and vaccination requirements. The federal government influenced outcomes through funding, workplace rules, interstate travel guidance, and procurement, but state and local governments often made the most visible day-to-day decisions.

Step-by-step: How emergency public health policy typically gets made

  1. Trigger: declaration of emergency (state or federal) activates special statutory powers.
  2. Rulemaking pathway: agencies issue guidance, orders, or regulations; legislatures may pass relief or limit executive authority.
  3. Enforcement design: penalties, inspections, and compliance mechanisms are set (or intentionally minimized).
  4. Judicial review: courts evaluate whether the government has statutory authority and whether restrictions violate constitutional rights.
  5. Feedback loop: policies shift as data, hospital capacity, and political support change.

Uneven impacts across communities

COVID-19’s effects were uneven due to differences in exposure risk, baseline health, access to care, and economic vulnerability. Communities with higher shares of essential workers faced greater exposure; crowded housing increased transmission risk; and unequal access to paid leave or healthcare shaped outcomes. The pandemic also highlighted disparities in schooling access (remote learning), broadband availability, and caregiving burdens.

Economic policy under crisis conditions

Large-scale fiscal relief (direct payments, expanded unemployment support, aid to businesses and state/local governments) and monetary policy interventions aimed to prevent a deeper collapse. These choices revived long-running debates about the federal government’s role in stabilizing markets, supporting households, and managing inflation risks.

2020–2024: Courts, Executive Action, and the Boundaries of Rights

The role of courts in high-stakes policy

Courts increasingly served as arenas where national conflicts were reframed as questions of constitutional interpretation and administrative authority. Litigation frequently targeted:

  • Election rules (deadlines, ballot access, districting, and state vs. federal oversight).
  • Public health measures (limits on gatherings, workplace rules, vaccination policies).
  • Regulatory authority (how much discretion agencies have to interpret statutes).
  • Individual rights (speech, religious exercise, privacy, bodily autonomy, and equal protection claims).

Executive power and “policy by order”

Presidents of both parties have relied on executive orders, agency rulemaking, and enforcement priorities to move policy when Congress is gridlocked. This raises a recurring institutional pattern: when legislatures cannot pass durable statutes, policy becomes more reversible and more dependent on courts and administrative interpretation.

Practical example: A policy implemented through agency guidance can change quickly with a new administration, while a policy enacted by statute typically requires a new law to undo it. Learners should ask: Is this policy rooted in legislation, regulation, or discretion?

Federalism Revisited: States as Policy Laboratories and Front Lines

Why federalism became more visible

In recent years, states have pursued sharply different approaches on voting rules, education policy, reproductive health, firearms regulation, labor standards, and environmental rules. This creates a “patchwork” where rights and services can vary substantially by residence, intensifying debates about national standards versus local control.

Step-by-step: How a federalism conflict typically unfolds

  1. State action: a state passes a law or adopts a regulation.
  2. Challenge: opponents sue, arguing preemption (federal law overrides) or constitutional violations.
  3. Injunction phase: courts may temporarily block enforcement while litigation proceeds.
  4. Appeals: higher courts clarify the boundary between state authority and federal constraints.
  5. Policy spillover: other states copy, resist, or adapt the model, creating national polarization through state-level divergence.

Renewed Activism: Racial Justice, Policing, and Inequality

Mass mobilization and institutional demands

High-profile incidents of police violence and broader concerns about racial inequality fueled large-scale protests and renewed activism. Institutional demands often focused on:

  • Police accountability (use-of-force rules, body cameras, independent investigations).
  • Budget priorities (shifts toward mental health response, housing, and community services).
  • Legal standards (qualified immunity debates, union contracts, disciplinary procedures).
  • Data transparency (reporting on stops, arrests, and use-of-force incidents).

Counter-movements and legislative responses

Alongside reform movements, counter-movements emphasized public safety, support for law enforcement, and skepticism of protest tactics. Legislative responses varied by state and locality: some expanded oversight and reform, while others increased penalties for certain protest-related offenses or strengthened protections for police. This divergence illustrates how federalism channels national conflict into different local institutional outcomes.

Practical lens: Separate “values debates” from “implementation debates”

Two people can agree on the value (e.g., safety and fairness) but disagree on implementation (e.g., training vs. staffing changes vs. prosecution standards). When analyzing a reform proposal, identify:

  • Goal (reduce violence, increase trust, lower crime).
  • Mechanism (policy change, oversight body, funding shift).
  • Metric (complaints, injuries, clearance rates, community surveys).
  • Tradeoffs (response times, officer retention, legal exposure).

Climate Policy, Technology Regulation, and the Information Environment

Climate policy: institutions under pressure from time horizons

Climate change policy highlights a mismatch between short electoral cycles and long-term risks. Policy tools include emissions standards, clean energy subsidies, infrastructure investment, and state-level renewable portfolio standards. Courts and agencies play major roles because many climate actions are implemented through regulation and administrative interpretation.

Technology regulation: platforms, privacy, and market power

As social media and digital platforms became central to politics and daily life, debates grew over:

  • Privacy (data collection, surveillance, consent).
  • Competition (antitrust enforcement, platform dominance).
  • Content governance (moderation rules, harassment, extremist content).
  • Algorithmic influence (recommendation systems shaping attention and beliefs).

Misinformation and institutional trust

Misinformation is not only about false claims; it is also about institutional trust erosion. When people distrust election offices, public health agencies, or courts, they become more receptive to alternative narratives. The institutional challenge is to maintain transparency, consistent procedures, and credible communication while protecting free expression.

Step-by-step: A practical checklist for evaluating a contested claim

  1. Define the claim precisely (what happened, where, and when?).
  2. Identify the institution involved (court, agency, election office) and its formal role.
  3. Look for primary documentation (court filings, official reports, statutes, recorded votes).
  4. Separate evidence from interpretation (what is verified vs. what is inferred).
  5. Check incentives (who benefits from the claim being believed?).
  6. Assess falsifiability (what evidence would change the claimant’s mind?).

Changing Global Alliances and National Strategy

Alliance management in a polarized era

U.S. foreign policy in this period has involved shifting emphases on alliances, trade, and strategic competition. Domestic polarization affects foreign policy durability: agreements made by one administration may be revised by the next, which can alter how allies and rivals assess U.S. commitments.

Institutional pattern: Congress vs. executive in foreign affairs

Presidents often act quickly through executive agreements, sanctions, and military deployments, while Congress controls funding, oversight, and formal declarations. Learners should track which branch is driving a given action and whether it rests on statute, treaty, or executive discretion.

Topical Timeline: Connecting Events to Long-Term Patterns (2016–Present)

PeriodInstitutional arenaWhat changedLong-term pattern it echoes
2016–2019Elections & informationHeightened concern about interference, media ecosystems, and legitimacy narrativesRecurring struggles over who controls political information and how consent is manufactured
2017–2020Executive powerExpanded reliance on executive orders and agency action amid legislative gridlockOngoing tension between energetic executive action and checks-and-balances
2020Public health & federalismEmergency governance, uneven state responses, rights litigationFederalism as both flexibility and fragmentation during crises
2020–2021Election administrationDisputes over mail voting, counting procedures, certification, and public confidenceVoting rules as contested terrain shaping participation and legitimacy
2020–2022Courts & rightsMajor rulings and intensified litigation over agency authority and individual rightsJudicial power as a central policymaking channel when politics polarize
2020–PresentRacial justice & policingRenewed activism, reform efforts, and counter-mobilizationCycles of protest and institutional response around equality and public order
2021–PresentClimate & technologyPolicy and regulatory battles over emissions, energy transition, platform governanceModern governance struggles over regulating powerful economic systems
2022–PresentGlobal alliancesReassessment of security commitments and strategic competitionEnduring debate over international leadership vs. restraint

Skills-Focused Synthesis: Trace One Right or Institution Across the Timeline

Choose one of the following and trace it across multiple chapters of the course to see continuity and change: voting rights, federal courts, social welfare programs, or executive power. Your goal is to build a “throughline” that explains how today’s conflicts draw on earlier institutional designs and past turning points.

Step-by-step assignment: Build a continuity-and-change map

  1. Pick your focus (example: voting rights).
  2. Create a 4-column table labeled: Era, Institutional rule, Who gained/lost power, Trigger for change.
  3. Select at least 4 eras from earlier chapters plus 2016–Present.
  4. For each era, write one concrete mechanism (a law, court doctrine, administrative practice, or constitutional interpretation) rather than a general theme.
  5. Identify one recurring tension (e.g., national standards vs. state control; access vs. fraud prevention; liberty vs. safety; expertise vs. accountability).
  6. Test your story: can you explain a current dispute using your earlier mechanisms without treating the present as totally unprecedented?

Template learners can copy

Focus: (voting rights / federal courts / social welfare / executive power)  Era | Institutional rule or tool | Who gained/lost power | Trigger for change -----|---------------------------|-----------------------|------------------- [Earlier era #1] | | |  [Earlier era #2] | | |  [Earlier era #3] | | |  2016–Present | | |  Recurring tension:  One sentence “throughline”:

Worked example (abbreviated): Executive power

  • Institutional tool: executive orders, emergency declarations, agency enforcement priorities.
  • Continuity: executives act fastest in crises and when Congress is deadlocked.
  • Change: courts and states more frequently become direct counterweights, and policy reversals accelerate across administrations.

Now answer the exercise about the content:

Which scenario best illustrates the difference between a policy disagreement and a legitimacy claim in U.S. elections?

You are right! Congratulations, now go to the next page

You missed! Try again.

A policy disagreement focuses on what rules or outcomes should be adopted. A legitimacy claim challenges whether election procedures were fair and lawful, shifting the conflict from who won to whether the result counts as valid.

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