The Constitution Isn’t Optional: Why USA Belongs on the CIVICUS Monitor Watchlist

By Mandeep S.Tiwana
NEW YORK, Aug 2 2025 – Successive United States governments have prided themselves on being governed by the Constitution of 1788. The First Amendment introduced in 1791 lays the foundations for secularism, respect for fundamental freedoms, and the right to seek redress of grievances.

Notably, presidential administrations since the Second World War and through the Cold War and even during the so-called ‘War on Terror’ have sought to model the United States as a beacon of democracy. They positioned the Constitution of the United States as a revered document that guarantees civic freedoms which enable people to come together freely, publicly express themselves, and organise to take action to advance their issues.

But today, that image is unravelling. The United States is on the CIVICUS Monitor July 2025 Watchlist along-with Kenya, El Salvador, Indonesia, Serbia, and Turkey. None of these countries are considered bastions of democracy. The CIVICUS Monitor is a civil society research collaboration that measures civic freedoms around the world. The reasons for including the United States in this list are as troubling as they are undeniable.

Protests Confronted with Military Might

The First Amendment guarantees the right of the people to assemble peaceably. Yet in June this year, President Trump personally threatened protestors and ordered the deployment of 700 Marines and 2,000 National Guard troops to Los Angeles. This was a blatant intimidation tactic to keep people from coming to the streets to protest violent and arbitrary implementation of immigration regulations by his administration.

Although, there were a few isolated incidents of violence during the demonstrations, most of the protests were peaceful. The actions of the Trump administration went against the advice of California’s Governor. Sending military personnel into city streets to silence dissent is a common tactic employed by despots. It’s something that takes place in authoritarian states ruled by dictators not celebrated democracies.

The administration has also violated due process rights of foreign-born student protest leaders and advocates speaking out for the realisation of fundamental freedoms and dignity of the Palestinian people in the face of Israeli occupation. Prominent cases include those of Mahmoud Khalil, Mohsen Mahdawi and Rumeysa Ozturk.

Press Freedom in Peril

The First Amendment also protects freedom of speech and of the press. American presidents however powerful have generally respected the role of the media to hold them accountable.

Today, journalists representing independent media outlets are routinely insulted and subjected to derogatory language by the White House press corps, the President and senior officials. Journalists covering protests have faced rubber bullets, arbitrary arrests, and legal intimidation. Salvadoran journalist, Mario Guevara, a legal resident of the United States was detained while livestreaming a peaceful protest. He was then arbitrarily transferred to immigration enforcement custody.

Meanwhile, the Trump Administration’s signature ‘One Big Beautiful Bill Act’ slashed $1.1 billion from the Corporation for Public Broadcasting. This effectively defunds PBS, NPR, and independent local stations committed to non-partisan fact-based reporting. President Trump is also using lawsuits against media houses and entering into questionable settlements to silence criticism. These actions are not isolated; they’re part of a systematic effort to prevent media scrutiny and deny people the ability to form opinions based on truthful journalism.

Civil Society in the Crosshairs

The Constitution doesn’t specially mention nonprofits, but the US Supreme Court has declared that First Amendment rights enshrine freedom of association. That right is being eroded in insidious ways which are unprecedented in modern American history. Through the ages, non-profits have been an essential part of associational life in the United States. The “One Big Beautiful Bill Act” slashes billions in nonprofit funding over the next decade. The law guts support that civil society organisations render to some of the most excluded people and communities in the country.

The rapid dismantling of USAID democracy support programs around the world have strengthened the hands of authoritarian governments vehemently opposed to civil society groups that speak truth to power or uncover high level corruption. Robust civil society organisations are an essential component of democracy.

Democracy in Decline

The United States is currently rated as “narrowed” on the CIVICUS Monitor’s rating scale. It’s a designation for countries where civic freedoms exist in theory but aren’t fully upheld in practice. The loss of civility in public life, extreme political polarisation, military response to protests, attacks on journalism, and defunding of civil society are not just policy choices; they are breaches of well-established constitutional premises and the very promise of American democracy. These actions mock the sacrifices of revolutionaries, suffragettes, civil rights activists and civic minded individuals who laid the foundations for American democracy.

To be clear, today, the license to exercise civic freedoms remains uneven. While critics of the administration are being put under pressure, groups aligned to the Make America Great Again (MAGA) movement are having a free run. On its first day in office, the Trump Administration pardoned over 1500 violent protestors who were part of a mob that attacked police officers and sought to intimidate Members of Congress. They were convicted by the courts for storming the House of People in January 2021 with the aim of disrupting the peaceful transfer of power, which is the most American of traditions.

Picking who gets to exercise their constitutional rights does not behove a responsible administration. It erodes the very foundations of justice. The Constitution of the United States is a living document meant to safeguard the rights of all people, not just those close to power. When a government treats peaceful protest as rebellion, journalism as subversion, and civil society as a threat, it forfeits its claim to democratic leadership. The world is watching in dismay. And so are we.

Mandeep S. Tiwana is Secretary General of global civil society alliance, CIVICUS.

 


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