Hannah Arendt Center for Politics and Humanities
28Apr/140

Amor Mundi 4/27/14

Arendtamormundi

Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.

Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.

Race, Democracy and the Constitution

421Looking for scandal, the press is focusing on the apparent conflict between Chief Justice John Roberts and Justice Sonia Sotomayor. But the case of Schuette v. Coalition to Defend Affirmative Action is more important than the scandal. It raises fundamental questions about the democracy, race and the constitution. Sonia Sotomayor, in her dissent, writes: "And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man's view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman's sense of self when she states her hometown, and then is pressed, 'No, where are you really from?', regardless of how many generations her family has been in the country. Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'" John Roberts, in his concurring opinion, responds: "The dissent states that "[t]he way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race." And it urges that "[r]ace matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'" But it is not "out of touch with reality" to conclude that racial preferences may themselves have the debilitating effect of reinforcing precisely that doubt, and-if so-that the preferences do more harm than good. To disagree with the dissent's views on the costs and benefits of racial preferences is not to "wish away, rather than confront" racial inequality. People can disagree in good faith on this issue, but it similarly does more harm than good to question the openness and candor of those on either side of the debate. Both opinions are worth reading. And read more about them in The Weekend Read.

The Sanctification of A Christian Pope

422Pope Francis I has declared two prior popes Saints. One is well known, Pope John Paul II. But Pope John XXIII is perhaps forgotten by many. As NPR reports, "John XXIII, also known as 'Good Pope John,' was nearly 77 at his coronation and, because of his advanced age, was widely regarded as a 'stopgap' pope who wasn't going to make waves. Instead, he called the Vatican II Council, which promulgated one of the most far-reaching and controversial reforms in the Roman Catholic Church's history." John XXIII also published a little book Journal of a Soul, which Hannah Arendt reviewed for the New York Review of Books. For the Jewish thinker, Good Pope John is a Christian Pope, one of the few. Arendt tells of a "Roman chambermaid" in a hotel who asked her, in all innocence: "Madam," she said, "this Pope was a real Christian. How could that be? And how could it happen that a true Christian would sit on St. Peter's chair? Didn't he first have to be appointed Bishop, and Archbishop, and Cardinal, until he finally was elected to be Pope? Had nobody been aware of who he was?" Arendt had a simple answer for the maid. "No." She writes that Pope John was largely unknown upon his selection and arrived as an outsider. He was, in the words of her title, a true Christian living in the spirit of Jesus Christ. In a sense, this was so surprising in the midst of the 20th century that no one had imagined it to be possible, and the Good Pope John was selected without anyone knowing who he was. On the day of Pope John XXIII's Sainthood, it is worth revisiting Arendt's full review.

The Human Factor—Hannah Arendt

423Taking Hannah Arendt's quote, "There are no dangerous thoughts; thinking itself is dangerous," as its starting point, the Canadian Public Radio show Ideas with Paul Kennedy explores Hannah Arendt's Eichmann in Jerusalem. The program features Roger Berkowitz, Adam Gopnik, Adam Kirsch, and Rivka Galchen. The conversation was heated at times, but overall offers a good account of Arendt's book, her thoughts on thinking, and the reason her thought matters. Take some time to listen to program.

 

 

Make Work

424Patricia Lockwood, at the Poetry Foundation blog, seems to be tired of being asked if poetry is work: "IS it work, though? The question persists. Is a single muscle exerted during the process? Do you sweat at all, besides the weird thing that sometimes happens under your right arm because you haven't lifted it up for 8 hours? Do you get to retire after you work at it faithfully for 50 years? The answers are no, no, and no. Can anyone fire a poet? Only Death can fire a poet." She is, of course, making a joke. For Arendt, though, poetry, and art more generally, is in fact work. Indeed, making art may be the last vestige of work in a world where the primary activity of life has become the repetitive, never ending, activity of consumption, in which nothing is left behind and all labor seeks only to further the process of consumption. Poetry, and painting, and art are outliers in the modern world to the extent they leave something behind and resist the process of consumption.

Geopolitics Strikes Back

425"So far, the year 2014 has been a tumultuous one, as geopolitical rivalries have stormed back to center stage. Whether it is Russian forces seizing Crimea, China making aggressive claims in its coastal waters, Japan responding with an increasingly assertive strategy of its own, or Iran trying to use its alliances with Syria and Hezbollah to dominate the Middle East, old-fashioned power plays are back in international relations." Walter Russell Mead believes that geopolitics, never really gone, is back for good: "Westerners should never have expected old-fashioned geopolitics to go away. They did so only because they fundamentally misread what the collapse of the Soviet Union meant: the ideological triumph of liberal capitalist democracy over communism, not the obsolescence of hard power. China, Iran, and Russia never bought into the geopolitical settlement that followed the Cold War, and they are making increasingly forceful attempts to overturn it. That process will not be peaceful, and whether or not the revisionists succeed, their efforts have already shaken the balance of power and changed the dynamics of international politics.

The Mundane's Beautiful Due

426On the occasion of the publication of a biography of the author, Hermione Lee describes what John Updike was up to: "As he said of himself... he is the artist of middleness, ordinariness, in-betweenness, who famously wanted 'to give the mundane its beautiful due.' For over half a century-even though his own life moved far away from 'middleness';-he transformed everyday America into lavishly eloquent and observant language. This-even more than his virtuoso writing about sex, his close readings of adultery and husbandly guilt, his tracking of American social politics, his philosophizing on time and the universe-is his great signature tune. No wonder that some of the narrators in his stories are archaeologists, or that he's so interested in vanished cities, ancient civilizations, and extinct species."

Killing Hamlet, Skipping Lear

427On the 450th birthday of William Shakespeare, Bob Duggan remembers that what are understood as his great contributions now were not his most well known plays during his life: "During Shakespeare's own lifetime he was known best as the "honey-tongued" poet of such works as Venus and Adonis and The Rape of Lucrece, in which he used classical and ancient characters to his own artistic purposes as well as practical purposes of making money during the plague-forced theater closures of 1593-1594. Readers literally read published copies of these works to pieces, making surviving copies extremely rare today. People went to see the plays, of course, but the emphasis of the theaters was on making money as much as making art."

Post-SAT

428Eric Hoover, in an essay about the ways that colleges and universities may begin to evaluate students, describes one measure designed to quantify the information in a recommendation: "Motivated by such findings, the Educational Training Service developed an online rating tool called the Personal Potential Index. Designed to quantify what's conveyed in a recommendation, it asks past instructors to rate students on a five-point scale in six categories: communication skills, ethics and integrity, knowledge and creativity, planning and organization, resilience, and teamwork. To gauge resilience, for instance, respondents are asked to what extent a student 'accepts feedback without getting defensive; works well under stress; can overcome challenges and setbacks; works extremely hard'. Recommenders can type in comments to elaborate on their ratings, if they choose." Adding comments, of course, is not the same thing as real qualitative assessment; perhaps, instead of attempting to replace the tests, institutions of higher education should abandon that requirement altogether, and instead evaluate students as students, rather than as data.

From The Hannah Arendt Center Blog

This week on the blog we revisit Tracy Strong’s Quote of the Week on “Thinking Without Bannisters.” And in the Weekend Read, Roger Berkowitz looks at the relation of race, democracy, and the constitution in Schuette decision.

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
26Apr/140

Race, Democracy, and the Constitution

ArendtWeekendReading

 

Looking for scandal, the press is focusing on the apparent conflict between Chief Justice John Roberts and Justice Sonia Sotomayor. The controversy began seven years ago before Sotomayor was on the Court, when Roberts wrote, in a decision invalidating a race-based busing program in Seattle, “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This week, in a dissent Sotomayor chose to read aloud from the Supreme Court bench, she scolded Roberts:

"In my colleagues’ view, examining the racial impact of legislation only perpetuates racial discrimination. This refusal to accept the stark reality that race matters is regrettable. The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination. As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter."

Sotomayor’s point is that race matters in ways that her colleagues, including Roberts, apparently do not understand. She is right; race does matter, and it matters in ways that are difficult to perceive and comprehend. Among the pages of historical, legal, and everyday examples she offers, there are these reflections on the small but persistent present reality of race in America:

“And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man’s view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman’s sense of self when she states her hometown, and then is pressed, 'No, where are you really from?', regardless of how many generations her family has been in the country. Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'”

Roberts responded in a separate concurring opinion, defending himself against the charge of racial insensitivity. It is not and he is not out of touch with reality, he argues, to disagree about the use of racial preferences in responding to the reality of race in 21st century America. He too is right.

"The dissent states that '[t]he way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race.' And it urges that '[r]ace matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: "I do not belong here.'" But it is not 'out of touch with reality' to conclude that racial preferences may themselves have the debilitating effect of reinforcing precisely that doubt, and—if so—that the preferences do more harm than good. To disagree with the dissent’s views on the costs and benefits of racial preferences is not to 'wish away, rather than confront' racial inequality. People can disagree in good faith on this issue, but it similarly does more harm than good to question the openness and candor of those on either side of the debate."

The background of these supremely intemperate contretemps is a decision in Schuette v. Coalition to Defend Affirmative Action in which the Court, in an opinion written by Justice Kennedy, upheld a Michigan Constitutional provision (recently amended through a ballot initiative) prohibiting race-based affirmative action in public universities.

As both Justice Kennedy’s controlling opinion and Justice Breyer’s concurring opinion make clear, the decision does not at all address the constitutionality of race-based affirmative action programs themselves. While in recent years the Supreme Court has shown skepticism about race-based affirmative action, it has consistently allowed such programs as long as they are tailored to achieve a legitimate state purpose understood as diversity in educational institutions. Nothing in Schuette changes that.

At the same time, Schuette does give constitutional blessing to states that democratically choose not to use race-based affirmative action. Already a number of states (including Blue states like California and swing states like Florida) have passed voter initiatives banning such race-based preferences. Racial preferences are not popular. In Michigan, a state that has voted democratic in the last five presidential elections, the anti-affirmative action ballot proposal passed by a margin of 58 percent to 42 percent. For this reason, Schuette is rightly seen as another nail in the coffin of race-based affirmative action programs.

Support for race-based affirmative action is dwindling, hence the impassioned and at times angry dissent by Justice Sotomayor. Even if the Court does not further limit the ability of states to practice race-based affirmative action, more and more states—which means the people of the United States—are choosing not to.

This, by the way, does not mean a return to segregated education although it will likely mean, at least in the short term, fewer African Americans at public universities in Michigan. To choose not to allow race-based preferences opens the door to other experiments with promoting diversity in education. For example, universities in Michigan and California can seek to give preference to students from poor and socio-economically disadvantaged zip codes. Depending on the connection between race and poverty in a given state, such an approach to diversity may or may not lead to racial diversity on campus, but it will very likely lead to increased and meaningful diversity insofar as students from meaningfully different pasts and with uniquely divergent life experiences would be in school together. It is at least arguable that such an approach would lead to greater diversity than many race-based preference programs that end up recruiting a small group of upper class minorities.

As a legal matter, Schuette concerned two different understandings of freedom. On the one hand, as Justice Kennedy writes, “The freedom secured by the Constitution consists, in one of its essential dimensions, of the right of the individual not to be injured by the unlawful exercise of governmental power.” Understood as individual rights, freedom means the right to attend desegregated schools, the right to be free from unreasonable searches and seizures, and the right to meaningful dissent.

But freedom, Kennedy continues, “does not stop with individual rights.” There is another understanding of freedom, which may be called the freedom to participate in self-government:

"Our constitutional system embraces, too, the right of citizens to debate so they can learn and decide and then, through the political process, act in concert to try to shape the course of their own times and the course of a nation that must strive always to make freedom ever greater and more secure. Here Michigan voters acted in concert and statewide to seek consensus and adopt a policy on a difficult subject against a historical background of race in America that has been a source of tragedy and persisting injustice. That history demands that we continue to learn, to listen, and to remain open to new approaches if we are to aspire always to a constitutional order in which all persons are treated with fairness and equal dignity. Were the Court to rule that the question addressed by Michigan voters is too sensitive or complex to be within the grasp of the electorate; or that the policies at issue remain too delicate to be resolved save by university officials or faculties, acting at some remove from immediate public scrutiny and control; or that these matters are so arcane that the electorate’s power must be limited because the people cannot prudently exercise that power even after a full debate, that holding would be an unprecedented restriction on the exercise of a fundamental right held not just by one person but by all in common. It is the right to speak and debate and learn and then, as a matter of political will, to act through a lawful electoral process."

Both individual freedom and political freedom are important. Both are at the core of American understandings of free, democratic, constitutional government. The point is that these freedoms must be balanced. In this case, the balance swung in favor of political freedom. Here is Justice Breyer’s argument from his concurring opinion:

“The Constitution allows local, state, and national communities to adopt narrowly tailored race-conscious programs designed to bring about greater inclusion and diversity. But the Constitution foresees the ballot box, not the courts, as the normal instrument for resolving differences and debates about the merits of these programs. In short, the 'Constitution creates a democratic political system through which the people themselves must together find answers' to disagreements of this kind.”

For Sotomayor and those who agree with her, the claim is that the reality of racism historically and presently threatens the integrity of the political process. The problem with Sotomayor’s argument is that it is not at all clear that racial inequality today is the primary factor threatening the integrity of our political system. On the contrary, while it is incontrovertible that race matters, other facts, like class or income, may matter more.

To think seriously about race in American is hard. Very hard. As Walter Russell Mead writes, in discussing these questions,

“There’s a basic point that should not be forgotten in dealing with anything touching on race: The place of African Americans in the United States is a uniquely difficult and charged question. The history of slavery, segregation and entrenched racism in the United States cannot be denied and should not be minimized. The effects of this history are still very much with us today, and while the overwhelming majority of Americans repudiate racist ideologies and beliefs, the continuing presence of racist ideas, prejudices and emotions in this country is a reality that policy makers and people of good will cannot and should not ignore. It is naive to think otherwise, and any look at how our system works and any thoughts about whether it works fairly have to include a serious and honest reflection on the fading but real potency of race.”

Mead raises a difficult question, which is whether race is really the best way to think about inequality in 21st century America. He argues for status based public policy programs to replace race-based programs:

“Ultimately, this is why status-based forms of affirmative action seem better than race based ones. President Obama’s kids don’t need any special help in getting into college, but there are many kids of all races and ethnic groups who have demonstrated unusual talent and grit by achieving in difficult circumstances. Kids who go to terrible schools, who overcome economic disadvantages, who are the first in their family to complete high school, or who grow up in neighborhoods that are socially distressed can and should be treated with the respect their achievements warrant.”

Should President Obama’s children benefit from race-based preference programs? Clearly the answer is no. But note, this does not mean that his children will not suffer from racism. Mead knows this and says so. Indeed, it is likely they will, over the course of their lives, find themselves in situations where they are looked at askance, avoided, singled out, discriminated against, and also privileged on account of their races. Race matters, undoubtedly, in complicated but overwhelmingly in damaging and at times degrading ways. Responding to the reality of race in our society is absolutely necessary.

It is not at all clear that race-based preferences in college admission are the best way to respond to the reality of race in the 21st century. Some states believe such race-based preferences are necessary. Other states, including Michigan, California, and Florida, have concluded they are not. Deciding that preferential admissions to universities on the basis of race is impermissible is not unconstitutional. That is the correct decision the Court made this week.

That does not mean, of course, that we shouldn’t try to address both racial and class discrimination in higher education. There are many ways to address the damaging impact of racial as well as economic inequality in our society—some maybe better than race-based preferences. For one, schools could institute truly need-blind admissions and decide to give preference to applicants who come from poor or disadvantaged backgrounds. While many of the poorest and most disadvantaged children in our society are white and from rural backgrounds, many others are racial minorities. Both would benefit from such an approach, which would be infinitely more just than a simple preference based on skin color.

Even better would be a serious commitment to affirmatively act to improve our shamefully underfunded and under-achieving high schools. Especially in poorer areas where rural and urban poverty crush the hopes and dreams of young people, our public schools are too-often disastrous. These schools, however, are free and the four years students spend in them are frequently wasted. If we could somehow figure out how to make high school a meaningful experience for millions of low-income children, that would be the single best way to help disadvantaged children around the country, both minority and white. That would be a truly meaningful form of affirmative action.

Over the last 50 years race has replaced class as the primary way that people on the left have perceived the injustices of the world. During that time poverty did not disappear as a problem, but it was hidden behind concerns of race and at times of gender. A whole generation of activists and politicians have grown up and worked in an era in which the problems of the nation were seen through a racial lens. There were good reasons for this shift and the results have been important and phenomenal. Yes, race still matters today, but nowhere to the extent it did 50 years ago.

Poverty, on the other end, matters ever more. With rising inequality and with the welldocumented problems of the middle classes (let alone the overlooked lower classes), we are slowly seeing a shift away from race and towards class as the dominant lens for thinking about equality and inequality in the country. This is as it should be. It is time to begin thinking more about advocating for real class diversity in colleges and public institutions; that doesn’t mean race as a problem has gone away, but it does mean that in the early 21st century, poverty trumps race as the true scourge of our public life.

The opinions in Schuette v. Coalition to Defend Affirmative Action are well worth reading in full, especially those by Justices Breyer and Sotomayor. They are your weekend read. You can download a PDF of the opinion here.

-RB

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
19Feb/130

The Great Divide

In this week's Chronicle of Higher Education, Richard D. Kahlenberg lifts (or rips) the band-aid off a wound that has been festering for decades. For much of the 20th century, class animated campus Marxists. Since the 1970s, race and gender have largely supplanted class as the source of youthful protest. But the pendulum is swinging back. Studies find that "being an underrepresented minority increased one's chances of admissions at selective colleges by almost 28 percentage points, but that being low-income provided no boost whatsoever." Will racial and gender politics give way to a renewed interest in class? Will there be a divide on the left between class and identity politics? In either case, the debate is beginning.

Here is Kahlenberg:

Long hidden from view, economic status is emerging from the shadows, as once-taboo discussions are taking shape. The growing economic divide in America, and on American campuses, has given rise to new student organizations, and new dialogues, focused on raising awareness of class issues—and proposing solutions. With the U.S. Supreme Court likely to curtail the consideration of race in college admissions this year, the role of economic disadvantage as a basis for preferences could further raise the salience of class.

This interest represents a return to an earlier era. Throughout the first half of the 20th century, class concerns animated Marxists on campus and New Deal politicians in the public sphere. Both groups papered over important dimensions of race and gender to focus on the nation's economic divide. Programs like Federal Housing Administration-guaranteed loans and the GI Bill provided crucial opportunities for upward mobility to some working-class families and students.

Colleges, meanwhile, began using the SAT to identify talented working-class candidates for admission. But FHA loans, the GI Bill, and the SAT still left many African-Americans, Latinos, and women out in the cold.

In the 1960s and 70s, that narrow class focus was rightly challenged by civil-rights activists, feminists, and advocates of gay rights, who shined new light on racism, sexism and homophobia. Black studies, women's studies, and later gay studies took root on college campuses, along with affirmative-action programs in student admissions and faculty employment to correct for the lack of attention paid to marginalized groups by politicians and academics alike.

Somewhere along the way, however, the pendulum swung to the point that issues of class were submerged. Admissions officers, for example, paid close attention to racial and ethnic diversity, but little to economic diversity. William Bowen, a former president of Princeton University, and his colleagues reported in 2005 that being an underrepresented minority increased one's chances of admissions at selective colleges by almost 28 percentage points, but that being low-income provided no boost whatsoever. Campuses became more racially and ethnically diverse—and all-male colleges began admitting women—but students from the most advantaged socioeconomic quartile of the population came to outnumber students from the least advantaged quartile at selective colleges by 25 to 1, according to a 2004 study by the Century Foundation.

 Read the whole article here.

Kahlenberg’s inquiry into the return of class to debates on campus cannot be seen outside the context of rising inequality in the U.S. Just this week Anne Lowrey reports in the New York Times that incomes are rising briskly for the top 1% but are actually stagnant or falling for everyone else:

Incomes rose more than 11 percent for the top 1 percent of earners during the economic recovery, but not at all for everybody else, according to new data.

It may be true that prices are declining and the middle class, despite its wage stagnation, is still living well. But we cannot ignore the increasing divide between the rich and the middle class. Not to mention the poor.

This was the topic of an op-ed essay in Monday’s New York Times by Nobel Laureate, Joseph Stiglitz, who writes, “The gap between aspiration and reality could hardly be wider.” Stiglitz, like Kahlenberg, sets the question of class inequality against increasing racial equality:

While racial segregation decreased, economic segregation increased. After 1980, the poor grew poorer, the middle stagnated, and the top did better and better. Disparities widened between those living in poor localities and those living in rich suburbs — or rich enough to send their kids to private schools. A result was a widening gap in educational performance — the achievement gap between rich and poor kids born in 2001 was 30 to 40 percent larger than it was for those born 25 years earlier, the Stanford sociologist Sean F. Reardon found.

Many on the left will respond that race and class are linked: minorities, who are poor, they say, suffer worst of all. That may be true. But race, gender, and identity have dominated the conversation about equality and oppression in this country for 50 years. That is changing. This will be hard for some to accept, and yet it makes sense. Poverty, more than race or gender, is increasingly the true mark of disadvantage in 21st century America.

-RB

 

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
11Jun/120

The Supreme Court No Longer Reigns Supreme

Polling often confirms the obvious, but sometimes it is important to be faced with the fact. The NY Times does just today when it reports,

Just 44 percent of Americans approve of the job the Supreme Court is doing and three-quarters say the justices’ decisions are sometimes influenced by their personal or political views.  Approval was as high as 66 percent in the late 1980s, and by 2000 approached 50 percent.

The loss of respect for the Court is important. Hannah Arendt understood that the Supreme Court was the only institution in American Democracy that could offer stability and authority to the vagaries of democratic will.  The Court is the institution that stands above politics, or at least it used to.

For Arendt, the "great measure of success" of the American experiment in government was the founding of a "new body politic stable enough to survive the onslaught of centuries to come." Arendt writes that the success of American Constitutional Republicanism was secured "the very moment when the Constitution began to be "worshipped." The worship of the Constitution meant that the Court decisions where cloaked in a patina of authority. The Court spoke not for itself, nor for the democratic people, but for the American People constituted as a Republic.

The importance of the Supreme Court was that it lacked power and thus stood outside of politics.

Institutionally, it is lack of power, combined with permanence of office, which signals that the true seat of authority in the American Republic is the Supreme Court. And this authority is exerted in a kind of continuous constitution-making, for the Supreme Court is indeed, in Woodrow Wilson's phrase, 'a kind of Constitutional Assembly in continuous session.

The Court was both a truthteller that stood outside politics and, equally essential, a model of free and reasoned discussion about the core constitutional issues of the day.

The decline of the Supreme Court has a long history. It begins with the innovation of the Justices issuing long and reasoned decisions, something that only becomes common in the early 20th century. The long opinions and multiple dissents pierced the veil of authority and showed the Court to resemble bickering legislatures more than reasonable jurists. Franklin Delano Roosevelt's court-packing scheme further politicized the Court, as did the activism of the Warren Court. But it was only in the 1980s and the bitter confirmation battles along with the litmus tests for judges on issues like abortion and affirmative action that has produced a Court that sees itself as an increasingly politicized body. The Bush v. Gore intervention that decided the 2000 election and most recently the Citizens United decision that made unconstitutional a century-long practice of limiting the influence of money in elections have stripped the Court of its last veneer of authority.

The loss of authority may not be reversible, but nor is it a minor event. How we respond to the loss of the Court's authority—with denial, with an effort to return the Court to its prior glory, with an ever-more partisan and thoughtless politics, or with a concerted effort to create new institutions that will conserve and deepen the sense of who we are as a nation—will go a long way to determining whether the United States' will persist as a beacon of freedom and stability.

-RB

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.