Hannah Arendt Center for Politics and Humanities
20Jan/140

Amor Mundi 1/19/14

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.

On Muckraking and Political Change

watchdogJim Sleeper turned me on to Dean Starkman’s excerpt from his new book chronicling the failure of the press to expose wrongdoing in the lead up to the financial crisis, The Watchdog That Didn’t Bark: The Financial Crisis and the Disappearance of Investigative Journalism. Starkman writes: “Now is a good time to consider what journalism the public needs. What actually works? Who are journalism’s true forefathers and foremothers? Is there a line of authority in journalism’s collective past that can help us navigate its future? What creates value, both in a material sense and in terms of what is good and valuable in American journalism? Accountability reporting comes in many forms—a series of revelations in a newspaper or online, a book, a TV magazine segment—but its most common manifestation has been the long-form newspaper or magazine story, the focus of this book. Call it the Great Story. The form was pioneered by the muckrakers’ quasi-literary work in the early 20th century, with Tarbell’s exposé on the Standard Oil monopoly in McClure’s magazine a brilliant example. As we’ll see, the Great Story has demonstrated its subversive power countless times and has exposed and clarified complex problems for mass audiences across a nearly limitless range of subjects: graft in American cities, modern slave labor in the US, the human costs of leveraged buyouts, police brutality and corruption, the secret recipients on Wall Street of government bailouts, the crimes and cover-ups of media and political elites, and on and on, year in and year out. The greatest of muckraking editors, Samuel S. McClure, would say to his staff, over and over, almost as a mantra, “The story is the thing!” And he was right.” Starkman has incredible optimism in the power of the press is infective. But in the weekend read, Roger Berkowitz turns to Walter Lippmann to raise questions about Starkman’s basic assumptions.

Our Unconstitutional Standing Army

armyKathleen Frydl has an excellent essay in The American Interest arguing against our professionalized military and for the return of a citizen’s army.  “Without much reflection or argument, the United States now supports the professional “large standing army” feared by the Founding Fathers, and the specter of praetorianism they invoked casts an ever more menacing shadow as the nation drifts toward an almost mercenary force, which pays in citizenship, opportunity structures (such as on-the-job technical training and educational benefits), a privileged world of social policy (think Tricare), and, in the case of private contractors, lots of money. Strict constructionists of the Constitution frequently ignore one of its most important principles—that the military should be large and powerful only when it includes the service of citizen-soldiers. This oversight clearly relates to the modern American tendency to define freedom using the neo-liberal language of liberty, shorn of any of the classical republican terminology of service. We would do well to remember Cicero’s most concise summary of a constitutional state: “Freedom is the participation in power.”” I don’t know what Hannah Arendt would have thought about the draft. But I do know she’d sympathize with Frydl’s worries about a professionalized army.

What Has It Done To Us?

timeTim Wu marvels at the human augmented by technology. Consider what an intelligent time traveler would think if talking to a reasonably educated woman today: "The woman behind the curtain, is, of course, just one of us. That is to say, she is a regular human who has augmented her brain using two tools: her mobile phone and a connection to the Internet and, thus, to Web sites like Wikipedia, Google Maps, and Quora. To us, she is unremarkable, but to the man she is astonishing. With our machines, we are augmented humans and prosthetic gods, though we’re remarkably blasé about that fact, like anything we’re used to. Take away our tools, the argument goes, and we’re likely stupider than our friend from the early twentieth century, who has a longer attention span, may read and write Latin, and does arithmetic faster. The time-traveler scenario demonstrates that how you answer the question of whether we are getting smarter depends on how you classify “we.”” We, the underlying humans may know less and less. But “we,” the digitally enabled cyborgs that we’ve become, are geniuses. Much of the focus and commentary about artificial intelligence asks the wrong question, about whether machines will become human. The better question is what will become of humans as we integrate more fully with our machines. That was the topic of Human Being in an Inhuman Age, the 2010 Arendt Center Conference. A selection of essays from that conference are published in the inaugural edition of HA: The Journal of the Hannah Arendt Center.

Thinking History

historyIn an interview with high school teacher David Cutler, history professor Eric Foner explains how we could make history education more effective: "Knowledge of the events of history is important, obviously, but also I think what I see in college students, that seems to be lacking at least when they come into college, is writing experience. In other words, being able to write that little essay with an argument. I see that they think, 'OK, there are the facts of history and that's it—what more is there to be said?' But of course, the very selection of what is a fact, or what is important as a fact, is itself based on an interpretation. You can't just separate fact and interpretation quite as simply as many people seem to think. I would love to see students get a little more experience in trying to write history, and trying to understand why historical interpretation changes over time." Foner wants students to think history, not simply to know it.

Reading Croatian Fiction

fictionGary Shteyngart, Google Glass wearer and author of the recently published memoir Little Failure, explains the arc of his reading habits: "When I was growing up, I was reading a lot of male fiction, if you can call it that. I was up to my neck in Saul Bellow, which was wonderful and was very instrumental but I think I’ve gone, like most people I think I’ve expanded my range quite a bit. When you’re young you focus on things that are incredibly important to you and read, God knows, every Nabokov that’s ever been written. But then, it is time to move beyond that little place where you live and I’ve been doing that; I’m so curious to see so many people send me books now it’s exciting to go to the mailbox and see a work of Croatian fiction."

This Week on the Blog

This week on the blog, Sandipto Dasgupta discusses Arendt and B.R. Ambedkar, one of the authors of the Indian constitution. In the weekend read, Roger Berkowitz examines the merit of muckraking journalism and its role as watchdog of corruption.

13Jan/140

Constitutions and the Social Questions: Arendt, Ambedkar, and the limits of Political Theory

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“[T]o the extent that they had a positive notion of freedom which would transcend the idea of a successful liberation from tyrants and from necessity, this notion was identified with the act of foundation, that is, the framing of a constitution.”

-Hannah Arendt, "On Revolution"

The year just gone by marked the centenary of B.R. Ambedkar, the chairman of the drafting committee of the Indian Constitution, often referred to as the ‘father of the Indian Constitution’, even though it was a claim of paternity that he vigorously rejected in later years (for reasons we shall soon get to). Ambedkar is a remarkable, and in some ways paradoxical member of that exclusive club of great constitutional founders. The significance of his influence in the framing of the Indian Constitution is incontrovertible. Yet, he was in many ways an outsider to the class of political elites that assumed power at the moment of India’s independence from British colonial rule. Politically, he remained an opponent of the Congress Party, the party that dominated the anticolonial struggle as well as the postcolonial government for decades. More significantly, his status as an outsider was marked most starkly by him being a Dalit, an “untouchable” from one of the lowest rungs of India’s caste hierarchy. Unlike most of the members of the Constituent Assembly, Ambedkar experienced in his own life the degrading and dehumanizing aspects of caste oppression, and devoted his public life to the cause of eradicating the caste system. As an outsider in this double sense, both in terms of his opposition to the dominant political party, and hailing from the most marginalized and oppressed sections of the society, the story of Ambedkar’s relationship to the Constitution illuminate certain paradoxes of new beginnings that only those at the margins can illuminate.

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Let us return to Arendt’s quote. There are three elements in the quote that reflect themes that run through "On Revolution." First, one finds here an elaboration of two concepts that engaged her for much of her life: freedom and beginnings, from an explicitly political standpoint. Freedom, as a political concept, is understood as the collective capacity of human beings to create a new political reality. Emerging in moments of revolution, what marks this political freedom is its ability to institute, to create a new and secure public space. It gives political actors the ability to author their own political world. It is, in that sense, world-making.

The quote then identifies this world-making act in a particular form – that of “framing of a constitution”. The fulfillment of the promise of freedom generated by the revolutionary moment is the making of a new constitution. What political freedom brings forth then is something specific – new institutions and constitutional structures, which acts as bricks and mortars for the new world that has been created, and creates the concrete space where freedom can become a political reality, and not an abstract concept. Lastly, it names ‘tyranny’ and ‘necessity’ as the two conditions from which freedom is marked, a point which we will return to later.

Ambedkar’s participation – especially in a central capacity as the Chairman of the Drafting Committee – in the making of the Indian Constitution was in itself an interesting fact. As a consistent opponent of the Congress, especially its leader M.K. Gandhi, and as one who was deeply weary of the upper caste leadership of the Congress, one can wonder why he accepted the position offered to him. One possible answer that could be gleaned from his extensive interventions during the constituent assembly debates is a cautious hope that the Constitution would succeed in creating a new institutional structure that could ameliorate, and even eliminate, the most pervasive forms of unfreedom experienced by Indians. That a constitution would succeed in not merely marking India’s liberation from colonial rule, but in creating a new political world free from the hierarchies and dominations of the past.

Ambedkar’s belief in the significance of this new possibility was evident in an extraordinary speech he made at the floor of the assembly, whereby he laid out a strong case as to why after the commencement of the constitution extra-constitutional political actions should be delegitimized. Now that free India has a constitution of its own, written and instituted in the name of “We the People”, extra-constitutional political mobilizations should be replaced with contestations through constitutional paths. This argument is especially significant given that one of those ‘extra-constitutional’ forms of actions Ambedkar mentioned in this speech was the Gandhian method of civil disobedience that had garnered wide prevalence during the struggle against colonial rule.

Here we see a distance developing between Arendt and Ambedkar. Arendt despite the importance she accorded to domesticating the revolution through creation of institutions, remained skeptical of constitutional law emerging as the only acceptable language of political action. In ‘On Revolution’ itself she goes on to ask, in an uneasy tone, “if the end of revolution and the introduction of constitutional government spelled the end of public freedom, was it then desirable to end the revolution?” The moment of constitution making was identified by Arendt with the notion of a “positive idea of freedom” not in a transcendental but an immanent way. What made it special was not simply the institution of some higher order value system, but that it was a sublime expression of creative political act – a political world making par excellence. The freedom inheres not in the ideal form of ‘a constitution’, but in the act of constituting, which reveals the essential human agency for self-reflexively creating the world that one inhabits.

The resuscitation of this creative agency was at the heart of Arendt’s political thought. In the landscape of mid-twentieth century, in an increasingly bureaucratized space of human existence where collective action became dictated by the rationale of ‘necessity’ and the ‘tyranny’ of governmentalized calculations, Arendt sought in politics a space where human beings could collective reclaim their ability to make their own world from which they have been alienated. To this end (as Hanna Pitkin has pointed out) sets of binaries emerge in her work – freedom is contrasted with necessity, action with behavior, polis with oikos, and politics with ‘the social’.

She sought to recover that space, marked by the first half of those binaries, through thinking, speech and action in concert in the public realm. It was based on mutuality and reciprocity – captured in her well-known discussion of the faculty of ‘promising’ – conducted amongst human beings who spoke and acted towards each other as equals political beings. These words and deeds, properly political in nature, produced and maintained the space for freedom against ‘tyranny’ and ‘necessities’. She refused to seek foundation for this space in something outside of those words and deeds – either in a sovereign will, or in some form of desirable social condition achieved via analysis and transformation of social relations. The space was produced and maintained through the continual act of producing and maintaining it.

The most significant aspect of the ‘revolution’ that precedes the constitution – as Arendt showed through her stylized reconstruction of the American revolutionary experience – was therefore not any pure claim to an absolute break or fundamental change of a socio-economic fact, but the creation of a condition where human beings can collectively come together to self-reflexively create author their own political world. This was the great good fortune of the American revolutionaries that Arendt talked about. They had through their lived experience and associational forms generated the necessary praxis for this form of speech and action much before the revolutionary event or the constitutional moment came about. The condition for the realization of freedom in America according to Arendt was, as Bonnie Honig writes, “brought into being avant la lettre” so to speak. In that instance, the letters of the constitution reveal, express and institutionalize something whose conditions in a conceptual form was already conceived. The birth could not happen without conception.

One can say that for Arendt it created a space for political theory free from both political theology and social analysis. The constitution is the supreme achievement borne out of such a theory in praxis.

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What was Ambedkar’s assessment of the possibility for such an achievement in India? In his concluding speech, he noted what he called the ‘contradictions’ inherent to the process of making a constitution. “On the 26th of January [the day the Constitution was adopted] we are going to enter into a life of contradictions. In politics we shall be recognizing the principle of one man, one vote, one value. In our social and economic life, we shall, by reason of economic structure continue to deny [this principle]. How long shall we continue to live this life of contradiction? If we continue to deny it for long, we will do so by putting our democracy in peril.” Note the foreboding tone of the last line. Ambedkar here is not voicing a simple discomfort about the existence of inequities in the Indian social life. Rather, he voices a far deeper concern about the limits of political theory to accomplish the work of creating a space where freedom “is not a concept but a living reality” without the attendant work of social transformation. Despite the extraordinary achievement of liberation from colonial rule, and the constituting of a polity with full political rights, Ambedkar suggests that the path of becoming republican citizens, for Indians, cannot run through the terrain of political theory alone and eschew the treacherous field of social theory. One cannot meaningfully talk about the sphere of freedom without also at the same time dealing with the sphere of necessity – not because one shouldn’t, but because one cannot. Dealing with only one only ends up generating a “contradiction’ that would imperil the whole project. Given this predicament, the endeavor of making a constitution for India had to concern itself with the social question – with “necessities” – which Ambedkar supported. Nevertheless, in the subsequent years after the constitution was brought in force he became increasingly weary of the potential of the constitution-making project to create any meaningful condition of freedom for the people of India. As the preeminent leader of those who were the most marginalized in the Indian society, he was acutely aware of this limitation. In 1953, only three years after the Constitution came into force, he remarked: “My friends tell me that I have made the Constitution. But I am quiet prepared to say that I shall be the first person to burn it out.” It was a spectacular act of renunciation from a man still referred to as the father of the Indian Constitution. This renunciation, it must be underlined, was not of the nature of a Jeffersonian demand for generational renewal of the revolutionary moment. It was not a lament about the extinguishing of the revolutionary flame. Rather, it was an expression of the frustration with a social revolution that never happened, and the related disavowal of the faith he once held in the constituent moment to truly birth a new political reality.

The question worth thinking through here is not just about the specificities of the Indian history. Rather, it concerns the nature of political theory itself, and the enduring question that Arendt took as the central concern of that theoretical endeavor – freedom. In the context of the late twentieth century landscape, and what she took to be alienating and fatal encroachment of the ‘social question’ on the sphere of human collective action, Arendt was unwilling to ground her conception of freedom – and of politics – on an analysis of social conditions under which human beings live. Her response to the challenges of twentieth century political life was to draw upon the experience of late eighteenth century colonists who, in Tocqueville’s phrase, were ‘born equal’ rather than having to become so. The horizontal practice of concerted action and mutual promises, harnessed in town halls and churches, could show a way towards creating a space for practicing and theorizing politics free from the clutches of necessity, and its attendant social analysis and calculus. The supreme achievement of that late eighteenth century moment – making of the constitution – provided a template for a political and reflexive collective world making act, free from the technocratic calculus of social transformation. Yet Ambedkar’s own journey – as the preeminent constitution maker coming from the margins of the Indian ‘social’ as Arendt would call it – and its tragic denouement demonstrates the limits of that vision. It shows that in creating the space for agonistic political freedom, one cannot ignore the weapons being wielded through social power. Countering those weapons requires analyzing and addressing the condition that produces them. Finding the theory and praxis for such a move, without retreating into a technocratic calculus, remains the challenge for contemporary political thought, as much for our time as it was for Arendt’s.

-Sandipto Dasgupta, Lecturer in Social Studies, Harvard University

Acknowledgement: I wanted to acknowledge Christophe Jaffrelot, whose paper on Ambedkar at a recent conference provided the initial food for thought for this piece. 
13Dec/131

Trusting in Power, Not Concentrated Power

ArendtWeekendReading

Francis Fukuyama has a new essay up on “The Decay of American Political Institutions.” Fukuyama begins with a basic point that is undeniable, and is artfully made manifest in George Packer’s National Book Award Winning The Unwinding: “Many political institutions in the United States are decaying.” There are many reasons for that failure. But in Fukuyama’s analysis, two reasons stands out: First, the American penchant for addressing political problems through law, and second, the legalized corruption of interest groups. What unites these two culprits in Fukuyama’s grand synthesis is that both are born out of what he sees as a fundamentally American distrust of government.

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Distrust of government means, Fukuyama writes, that American politics has elevated the judiciary to a position of power unlike other democracies. And this has led our political institutions to decay.

The decay in the quality of American government has to do directly with the American penchant for a state of “courts and parties”, which has returned to center stage in the past fifty years. The courts and legislature have increasingly usurped many of the proper functions of the executive, making the operation of the government as a whole both incoherent and inefficient. The steadily increasing judicialization of functions that in other developed democracies are handled by administrative bureaucracies has led to an explosion of costly litigation, slow decision-making and highly inconsistent enforcement of laws. The courts, instead of being constraints on government, have become alternative instruments for the expansion of government. Ironically, out of a fear of empowering “big government”, the United States has ended up with a government that is very large, but that is actually less accountable because it is largely in the hands of unelected courts.

Fukuyama knows bureaucracy can be problematic—the rule of nobody, in Arendt’s formulation—but at least bureaucrat rule is rule. In his telling, the problem is that U.S. has developed a huge bureaucracy that we don’t trust and thus limit through lawsuits, injunctions, and constitutional challenges. So we have the worst of both worlds, a large unelected and anonymous bureaucracy that is itself disempowered and neutered by an even more powerful unelected and anonymous judiciary.

Because there is “too much law,” the bureaucracy doesn’t work. What is more, the combined power of an anonymous bureaucracy and an anonymous judiciary has led to our present crisis of representative democracy, one in which Americans of all political persuasions feel that government is a foreign occupying power that is unanswerable to them. This leads in turn to a distrust of all government, a cynicism that “further reduces the quality and effectiveness of government by reducing bureaucratic autonomy.”

The fact that Americans distrust government means that they place increasing judicial and legislative roadblocks in front of governmental decisions. There is the famous multiplication of agencies and competing authorities, which offers multiple points for influence by lobbyists. As long as so many different agencies have the power to veto or slow down governmental action, government is stymied. “The longstanding distrust of the state that has always characterized American politics had led to an unbalanced form of government that undermines the prospects of necessary collective action. It has led to vetocracy.” Lobbyists thus have an outsized power to capture authorities and disproportionately impact legislation, which furthers cynicism about government. These problems are deeply ingrained in American values and in our Constitution, which makes them unsolvable. Which is the depressing note upon which Fukuyama ends his essay:

Americans regard their Constitution as a quasi-religious document. Persuading them to rethink its most basic tenets short of an outright system collapse is highly unlikely. So we have a problem.

What is striking is how Fukuyama is unable to find resources in the American Constitutional system that might reinvigorate our political institutions. It is as if the American distrust of government means that American democracy is unsalvageable. At times of partisanship, it will lead to Civil War or sclerosis. There is no alternative.

It is a mistake—although one commonly made—to understand the U.S. Constitution as one dominated by a mistrust of governmental power and thus marked by institutions designed to limit governmental power. The genius of the American Constitution, as Hannah Arendt argues, is not the limitation of power, but the multiplication of powers. More important than the three branches of the Federal government in Arendt’s account is the preservation of multiple levels of federal, state, county, city, and village power. The Congress’ power was limited not simply by the President and the Judiciary, but by the states and local authorities. The grant of powers to Congress was limited and expansion of national power was to be constrained by the power of local institutions.

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What Arendt saw in a way Fukuyama ignores is that Americans don’t distrust power so much as they distrust the concentration and centralization of power. It his been quintessentially American for citizens to engage in government, especially local government, and to take active part in public debates about political questions. From their arrival in the New World, Americans formed councils, engaged in public affairs, and empowered democratic institutions. The federalist elements of the Constitution provide ample support for vibrant democratic and local institutions.

Beyond the judicializaiton of politics and the rise of a corruption by lobbyists, another cause of the present decay of American politics is the increasingly national approach to government and the hollowing out of local institutions. There are many other causes for the increasing concentration of power and the loss of local institutional power, but there are plenty of resources for reinvigorating local self-governmental institutions in the American political tradition and in the Constitution itself. Yes, “we have a problem.” But there are always ways forward.

Francis Fukuyama’s analysis of our current political decay is powerful and important. It is your weekend read.

-RB

 

22Oct/131

“The Lost Treasure of Arendt’s Council System”

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"The Lost Treasure of Arendt's Council System"

James Muldoon, Critical Horizons 12.3 (2011)

Muldoon sees Arendt's advocacy of the council system at the end of On Revolution as a challenge to the excessive individualism enshrined in current structures of liberal representative government. He positions his argument between critics such as Margaret Canovan, who see Arendt's proposal as an impractical and nostalgic "embarrassment" and Jeffrey Issac's proposal that Arendt's ideas can be simply grafted on to current democratic structures to improve civic participation. Instead, Muldoon sees Arendt proposing a "blending together of constituent power and constitutional form" (398). Here something of the initiatory spring of action (the "lost treasure" of the title) that founds government would be maintained in their later operation.

The standard view of On Revolution among political theorists in the United States is that, against the Marxist revolutionary tradition, it praises the American Revolution for the stability of institutional freedom that it institutes while criticizing the French Revolution for opening the way to impossible political demands for the social needs of the body such as food and shelter. Less often do critics acknowledge that Arendt's reevaluation of the American Revolution concludes with the criticism that it failed to preserve a space for direct citizen participation. In framing his argument in terms of the "post-Cold War return to Arendt," Muldoon offers a productive way to address a range of second-wave interest in her thought.

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Against charges of the danger of elitism that could arise through direct democracy which have their source in passages from Arendt that harshly critical of the current representative system, Muldoon refers to other passages that testify to her support of the Constitution and thus its defense of fundamental rights. With a council system, those who are interested in politics would have more power than those who refuse to participate, but Muldoon does not see this as a major drawback. After all, most people do not vote in the current U.S. system so there is little to lose in this regard. This move exemplifies Muldoon's general approach of offering resolutions to apparently contradictory passages in Arendt by limiting their scope and then proposing ways they might instead complement each other.

Muldoon also addresses another important objection of many readers of On Revolution: the council system would merely step away from the larger state to smaller sites of representation. Instead, he rephrases the question of lower / higher steps of governance in terms of a spatial model. For Arendt "[p]olitics is not concerned with 'ruling,' but rather the creation of a public space between plural human beings where they can act in concert" (403). While acknowledging that the specifics of Arendt's plan are sparse, Muldoon sees the proposal of spontaneous local councils as a way of creating new public space in which people then agree through discussion on one member to send to the next level of councils. Here we can recall that for all its radical affirmation of councils in Jefferson and the Paris Commune, strong explicit statements in On Revolution admit that in a large country the council can only work at the local level. This does not mean that we just fall back to standard political representation at the national level though, and Arendt's at time vague suggestions call for closer examination and reflective investigation.

In another striking aspect of this article, Muldoon moves on to consider a group of writers who critique liberal democracy. Importantly, he offers the thesis that authors including Alain Badiou, Jacques Rancière, and Antonio Negri, owe a debt to Arendt in their broader approach to sovereignty that has so far been obscured by their criticism of specific aspect of her thought. More work needs to be done to back up this claim. Of the three, Muldoon only details Negri's priority of constituent power over constitutional form and suggests that Arendt's term "council-state" (412) could keep some of the energy of the origins of political action while not giving way fully to revolutionary impulses that threaten all order.

Muldoon has a clear sense of the most pressing question in On Revolution in a time of  intense debate in the U.S. regarding the influence of lobbying and the related issue of gerrymandering in politics (to say nothing of the electoral college that at the start of the 21st century decisively affected the presidential election). For Arendt: "the question which has plagued all modern revolutions is this: how does one found a free state and commence a cycle of ordinary/instituted politics without the extraordinary moment of political freedom inherent in the founding at disappearing in the process?" (p.411). In other words, how can citizens continue to see themselves not only as defenders of the Constitution, but as actively authorized to address pressing economic, social, and ecological problems that Congress refuses to confront?

-Jeffrey Champlin

14Oct/130

Amor Mundi – 10/13/13

Arendtamormundi

Hannah Arendt considered calling her magnum opus Amor MundiLove 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.

The Educated Citizen in Washington

rogerRoger Berkowitz opened the Arendt Center Conference "Failing Fast: The Educated Citizen in Crisis": "In the early years of our federal-constitutional-democratic-republican experiment, cobblers, lawyers, and yeoman farmers participated in Town Hall meetings. Today, few of us have the experience or the desire to govern and we have lost the habit of weighing and judging those issues that define our body politic. Why is this so? Are we suffering an institutional failure to make clear that participation in governance is a personal responsibility? Do the size and complexity of bureaucratic government mean that individuals are so removed from the levers of power that engaged citizenship is rationally understood to be a waste of time? Or do gerrymandered districts with homogenous populations insulate congressmen from the need for compromise? Whatever the cause, educated elites  are contemptuous of common people and increasingly imagine that the American people are no longer qualified for self-government; and the American people, for their part, increasingly distrust the educated elite that has consistently failed to deliver the dream of a well-managed government that provides social services cheaply and efficiently. It is against this background that we are here to think about 'The Educated Citizen in Crisis.'  Over the next two days, we will ask: What would an educated citizen look like today? Read the whole talk; you can also watch his speech and the whole conference here.

When You Need a Job for Job Training

jobClare McCann points to a surprising fact about government student loans: "Most people typically have undergraduates in mind when they think about the federal loan program, but in reality, the program is nearly as much about financing graduate studies as it is about undergraduate programs. Sure, graduate school can cost more than an undergraduate education, but that's not necessarily why graduate loans feature prominently in the breakdown. Actually, it's because the federal government does not limit how much graduate students can borrow." Perhaps more so than loans for undergraduates, loans to students entering grad programs can lead to enormous debt loads that they can't afford.

The Internet Arendt

peopleDavid Palumbo-Liu considers the role of the public intellectual in the internet age. He argues that amongst the proliferation of intellectual voices on the web, the role of the public intellectual must change:  "A public intellectual today would thus not simply be one filter alongside others, an arbiter of opinion and supplier of diversity. Instead, today's public intellectual is a provocateur who also provides a compelling reason to think differently. This distinction is critical." In other words, what we need are more public intellectuals who write and think as did Hannah Arendt.

Dual Citizenship

photoAndrea Bruce's new photo project, Afghan Americans, depicts a group of people with a particular dual identity alongside quotes from its subjects. This work grew out of work she did as a photojournalist in Iraq, where she sought to "show that Iraqis weren't all that different from our readers... that they, too, love their children. They care about education. They have to deal with traffic and health care in ways that are surprisingly similar to Americans."

Ceasing to Make Sense of the World

womanIn an interview about, among other things, whether a machine can help us separate art we like from art we don't, essayist Michelle Orange answers a question about why we like formulaic art, and the consequences of that preference: "In the 1960s there was a great hunger for tumult and experiment at the movies that matched the times. I often wonder about A.O. Scott's line on The Avengers: 'The price of entertainment is obedience.' When did it happen that instead of gathering to dream together, we trudged to the movies to get the shit entertained out of us? Robert Stone has a great line: 'The way people go crazy is that they cease to have narratives, and the way a culture goes crazy is that it ceases to be able to tell stories.' In American culture you find a mania for stories - the internet, social media, the news cycle, endless cable channels. But I wonder if being fed in constant junk-nutrition fragments only intensifies that appetite, because what it really wants is something huge and coherent, some structuring context."

Featured Events

October 16, 2013

A Lecture by Nicole Dewandre: "Rethinking the Human Condition in a Hyperconnected Era"

Reem-Kayden Center Laszlo Z. Bito '60 Auditorium

Learn more here.

 

October 27, 2013

Blogging and the New Public Intellectual - A Conversation with Jay Rosen and Megan Garber

Bard Graduate Center

Learn more here.

blogging

 

October 28, 2013
Seth Lipsky Lunchtime Talk on Opinion Journalism
Arendt Center

Learn more here.

From the Hannah Arendt Center Blog

On the Arendt Center Blog this week, read "Irony as an Antidote to Thoughtlessness," a discussion of Arendt's ironic stance in Eichmann in Jerusalem by Arendt Center Fellow Michiel Bot. And Jeffrey Champlin reviews Margaret Canovan's classic essay, "Arendt, Rousseau, and Human Plurality in Politics."

27Sep/130

Failing Fast: The Educated Citizen in Crisis

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On Thursday and Friday Oct. 3-4, the Hannah Arendt Center will host its 6th Annual International Conference, “Failing Fast: The Educated Citizen in Crisis.”

At a time of blistering technological and cultural change, reformers want schools to prepare students for the future—but which future? And despite the polarizing polemics over curricular change and the learned arguments mounted by the most earnest reformers whatever their politics, we must admit that we have no idea where our increasingly virtual reality will take us next month, let alone in a decade. Which skills and knowledge will be needed? What brain enhancements will be available? Handwringing in the public square over whether children should still be taught cursive is much ado about nothing when, if futurists are correct, we soon may no longer need to learn how to die.

If we can no longer count on the ways of the past to guide us in a brave—or terrifying—new world, education must evolve with it. As such, thinking people must ask themselves how that evolution should be handled, considered, and undertaken.

In “The Crisis in Education," Hannah Arendt writes: "education can play no part in politics, because in politics we always have to deal with those who are already educated.” Arendt worried that when politicians talk about educating voters, they are really seeking unanimity. Political education sounds like indoctrination, which threatens the plurality of opinion at the core of intellectual life and the politics that protects it.

Against politics in its basest form, Arendt saw education as “the point at which we decide whether we love the world enough to assume responsibility for it.” The educator must love the world and believe in it if he is to introduce young people to a world worthy of respect. In this sense, education is conservative—it conserves the world as it has been given. But education is also revolutionary, insofar as teachers must realize that the young people they nurture are newcomers whose fate is to change the world. Arendt argued that teachers must humbly teach what is; in this way they prepare students to transform what is into what might be.

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Arendt shares Ralph Waldo Emerson's view that “He only who is able to stand alone is qualified for society.” Emerson’s imperative of self-reliance resonates with Arendt’s imperative to think for oneself. Education, Arendt insists, must risk allowing people their unique and even unpopular viewpoints, eschewing even well intentioned conformism and seeking, instead, to nurture independent minds. Education prepares the youth for politics by bringing them into a common world as courageous, independent, and unique individuals.

In the early years of our republican experiment, the American yeoman farmer participated in Town Hall meetings. Today, few of us have the experience or the desire to govern. Are we suffering an institutional failure to make clear to graduates that participation in governance is a personal responsibility? Or is our withdrawal from politics the conscious result of modern individualism now liberated from the demands of politics by a virtual technological reality? Whatever the cause, elites imagine that the common people are no longer qualified for self-government; and the people increasingly distrust the educated elite that has consistently failed to deliver the dream of a well-managed technocratic welfare state.

In the most literate and technologically advanced society in all history, we have produced citizens who are politically sterile. If it’s true that we learn by doing, most Americans have little experience with politics. With the exception of serving on juries, few engage in civic service. Voting is the only public activity demanded of citizens in our democracy. It takes little effort; and still, few vote. The old ideal of the citizen democracy is in crisis.

“Failing Fast: The Educated Citizen in Crisis” asks how we can re-invigorate the cultural and educational institutions that have nurtured public-spiritedness that is the bedrock virtue of American constitutional democracy. In an increasingly global world, do we need a common public language? Is college education necessary for engaged citizenship? Should politically involved citizens have knowledge of the arts and practical skills like building and fixing things? What, in the 21st century, is an educated citizen?

We invite you to join us for the Conference. You can register here.

If you can’t make it to Bard in person, you can watch the conference via live webcast here.

And to prepare for the conference, here are a series of essays and blog posts from the last 12 months on the topic of education. These essays are your weekend reads.

-RB

9Sep/130

A Common Language

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"Any period to which its own past has become as questionable as it has to us must eventually come up against the phenomenon of language, for in it the past is contained ineradicably, thwarting all attempts to get rid of it once and for all. The Greek polis will continue to exist at the bottom of our political existence...for as long as we use the word 'politics.'"

-Hannah Arendt, "Walter Benjamin: 1892-1940"

Some years ago a mentor told me a story from his days as a graduate student at a prestigious political science department. There was a professor there specializing in Russian politics and Sovietology, an older professor who loved teaching and taught well past the standard age of retirement. His enthusiasm was palpable, and he was well-liked by his students. His most popular course was on Russian politics, and towards the end of one semester, a precocious undergraduate visited during office hours: “How hard is it to learn Russian,” the student asked, “because I’d really like to start.” “Pretty hard,” he said, “but that’s great to hear. What has you so excited about it?” “Well,” said the student, “after taking your course, I’m very inspired to read Marx in the original.” At the next class the professor told this story to all of his students, and none of them laughed. He paused for a moment, then somewhat despondently said: “It has only now become clear to me….that none of you know the first thing about Karl Marx.”

The story has several morals. As a professor, it reminds me to be careful about assuming what students know. As a student, it reminds me of an undergraduate paper I wrote which spelled Marx’s first name with a “C.” My professor kindly marked the mistake, but today I can better imagine her frustration. And if the story works as a joke, it is because we accept its basic premise, that knowledge of foreign languages is important, not only for our engagement with texts but with the world at large. After all, the course in question was not about Marx.

The fast approach of the Hannah Arendt Center’s 2013 Conference on “The Educated Citizen in Crisis” offers a fitting backdrop to consider the place of language education in the education of the citizen. The problem has long been salient in America, a land of immigrants and a country of rich cultural diversity; and debates about the relation between the embrace of English and American assimilation continue to draw attention. Samuel Huntington, for example, recently interpreted challenges to English preeminence as a threat to American political culture: “There is no Americano dream,” he writes in “The Hispanic Challenge,” “There is only the American dream created by an Anglo-Protestant society. Mexican Americans will share in that dream and in that society only if they dream in English.”  For Huntington English is an element of national citizenship, not only as a language learned, but as an essential component of American identity.

This might be juxtaposed with Tracy Strong’s support of learning (at least a) second language, including Latin, as an element of democratic citizenship. A second language, writes Strong (see his “Language Learning and the Social Sciences”) helps one acquire “what I might call an anthropological perspective on one’s own society,” for “An important achievement of learning a foreign language is learning a perspective on one’s world that is not one’s own. In turn, the acquisition of another perspective or even the recognition of the legitimacy of another perspective is, to my understanding, a very important component of a democratic political understanding.” Strong illustrates his point with a passage from Hannah Arendt’s “Truth and Politics”: “I form an opinion,” says Arendt, “by considering a given issue from different viewpoints, by making present to my mind the standpoints of those who are absent: that is, I represent them.”

Hannah Arendt’s deep respect for the American Constitution and American political culture, manifest no less (perhaps even more!) in her criticism than her praise, is well known. After fleeing Nazi Germany and German-occupied France, Arendt moved to the United States where she became a naturalized citizen in 1951. And her views on the relation between the English language and American citizenship are rich and complex.

In “The Crisis in Education” Arendt highlights how education plays a unique political role in America, where “it is obvious that the enormously difficult melting together of the most diverse ethnic groups…can only be accomplished through the schooling, education, and Americanization of the immigrants’ children.” Education prepares citizens to enter a common world, of which English in America is a key component: “Since for most of these children English is not their mother tongue but has to be learned in school, schools must obviously assume functions which in a nation-state would be performed as a matter of course in the home.”

At the same time, Arendt’s own embrace of English is hardly straightforward. In a famous 1964 interview with she says: “The Europe of the pre-Hitler period? I do not long for that, I can tell you. What remains? The language remains. […] I have always consciously refused to lose my mother tongue. I have always maintained a certain distance from French, which I then spoke very well, as well as from English, which I write today […] I write in English, but I have never lost a feeling of distance from it. There is a tremendous difference between your mother tongue and another language…The German language is the essential thing that has remained and that I have always consciously preserved.”

Here Arendt seems both with and against Huntington. On one hand, learning and embracing English—the public language of the country—is what enables diverse Americans to share a common political world. And in this respect, her decision to write and publish in English represents one of her most important acts of American democratic citizenship. By writing in English, Arendt “assumes responsibility for the world,” the same responsibility that education requires from its educators if they are to give the younger generation a common world, but which she finds sorely lacking in “The Crisis of Education.”

At the same time, though, Arendt rejects the idea that American citizenship requires treating English as if it were a mother tongue. Arendt consciously preserves her German mother tongue as both an element of her identity and a grounding of her understanding of the world, and in 1967 she even accepted the Sigmund Freud Award of the German Academy of Language and Poetry that “lauded her efforts to keep the German language alive although she had been living and writing in the United States for more than three decades” (I quote from Frank Mehring’s 2011 article “‘All for the Sake of Freedom’: Hannah Arendt’s Democratic Dissent, Trauma, and American Citizenship”).  For Arendt, it seems, it is precisely this potentiality in America—for citizens to share and assume responsibility for a common world approached in its own terms, while also bringing to bear a separate understanding grounded by very different terms—that offers America’s greatest democratic possibilities. One might suggest that Arendt’s engagement with language, in her combination of English responsibility and German self-understanding, offers a powerful and thought-provoking model of American democratic citizenship.

What about the teaching of language? In the “The Crisis in Education” Arendt is critical of the way language, especially foreign language, is taught in American schools. In a passage worth quoting at length she says:

“The close connection between these two things—the substitution of doing for learning and of playing for working—is directly illustrated by the teaching of languages; the child is to learn by speaking, that is by doing, not by studying grammar and syntax; in other words he is to learn a foreign language in the same way that as an infant he learned his own language: as though at play and in the uninterrupted continuity of simple existence. Quite apart from the question of whether this is possible or not…it is perfectly clear that this procedure consciously attempts to keep the older child as far as possible at the infant level.”

Arendt writes that such “pragmatist” methods intend “not to teach knowledge but to inculcate a skill.” Pragmatic instruction helps one to get by in the real world; but it does not allow one to love or understand the world. It renders language useful, but reduces language to an instrument, something easily discarded when no longer needed. It precludes philosophical engagement and representative thinking. The latest smartphone translation apps render it superfluous.

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But how would one approach language differently? And what does this have to do with grammar and syntax? Perhaps there are clues in the passage selected as our quote of the week, culled from Arendt’s 1968 biographical essay about her friend Walter Benjamin. There, Arendt appreciates that Benjamin's study of language abandons any “utilitarian” or “communicative” goals, but approaches language as a “poetic phenomenon.” The focused study of grammar develops different habits than pragmatist pedagogy. In the process of translation, for example, it facilitates an engagement with language that is divorced from practical use and focused squarely on meaning. To wrestle with grammar means to wrestle with language in the pursuit of truth, in a manner that inspires love for language—that it exists—and cross-cultural understanding. Arendt was famous for flexing her Greek and Latin muscles—in part, I think, as a reflection of her love for the world. The study of Greek and Latin is especially amenable to a relationship of love, because these languages are hardly “practical.” One studies them principally to understand, to shed light on the obscure; and through their investigation one discovers the sunken meanings that remain hidden and embedded in our modern languages, in words we speak regularly without realizing all that is contained within them. By engaging these “dead” languages, we more richly and seriously understand ourselves. And these same disinterested habits, when applied to the study of modern foreign languages, can enrich not only our understanding of different worldviews, but our participation in the world as democratic citizens.

-John LeJeune

8Jul/130

On Revolution

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“The sad truth of the matter is that the French Revolution, which ended in disaster, has made world history, while the American Revolution, so triumphantly successful, has remained an event of little more than local importance.”

-Hannah Arendt, On Revolution

Last week brought two events into focus: the annual July 4th celebration commemorating the American Revolution of 1776 preceded one day before by the overthrow of the first freely elected President of Egypt, Mohamed Morsi. Although on the surface there seems little connecting these events, thinking about Hannah Arendt’s reflections on the former may bring forth some interesting points about revolutions and the foundation of modern democracy to light, which may be relevant to the evolving situation in Egypt.

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In On Revolution, Arendt put forth a controversial interpretation of revolution and its relationship to violence, a theory that, contra popular opinion, lauded the success of the American while decrying the French Revolution’s legacy that “a revolution must devour its own children” as if terror were its inevitable course. The success of the American Revolution for Arendt resulted from its “deep concern with forms of government,” a concern she saw equally in the “initial stages of the French Revolution.” But when the concern with political solutions to the problem of tyranny was, in her assessment, overwhelmed by “the social question”—the problems of necessity, of abject need, confronting the “multitude of the poor—the French Revolution abandoned the task of “building a new body politic” in favor of searching for a more immediate, and, in her view, less political solution to the problem of poverty. “It was necessity, the urgent needs of the people, that unleashed the terror and sent the Revolution to its doom,” Arendt wrote. Yet, she emphasized, there was nothing inevitable about this change of course.

To Arendt, any suggestion that a revolution would, and presumably must, take a predictable course was an example of ideological thinking that masked the genuine meaning of revolution. As she wrote, “Violence is no more adequate to describe the phenomenon of revolution than change; only where change occurs in the sense of a new beginning, where violence is used to constitute an altogether different form of government, to bring about the formation of a new body politic, where the liberation from oppression aims at least at the constitution of freedom can we speak of revolution.”

By every aspect of this definition, the Arab Spring uprising that sparked Egypt into full-scale protests and regime change to remove an autocratic ruler two years ago, and embark on an unpredictable path to “bring about the formation of a new body politic” constitutes a revolution in the Arendtian sense. But what matters is not whether the extraordinary events in Egypt fit her definition, but what Arendt’s exercise in thinking about revolutions, their successes and failures, can tell us about the great difficulties, challenges, and opportunities involved in Egyptians’ struggle to “build a new house where freedom can dwell.”

Modern revolutionaries face the enormous task of bringing into the public realm those who have been excluded from participation in it and, if they are to avoid a state of permanent war and violence, simultaneously creating a relatively stable set of institutions to organize and enable the expression of different points of view. A few days ago, the New York Times trumpeted the current crisis in Egypt under a headline proclaiming there were “two Egypts” locked in a raging conflict with each other over legitimate rulership of the country. Both Pro-Morsi and anti-Morsi forces claim to embody the demand for representation for “all Egypt.” Representing the point of view of the anti-Morsi forces, a participant in the renewed protests justified the removal of Morsi: “They tried to rule the whole country for themselves...But if you want to rule Egypt, you have to rule for everyone or the people will stand against you.” (NYT July 6, 2013) In fact, pro-Morsi factions echoed similar sentiments by contending not only that there had been a military coup overthrowing a legitimately elected leader, but also that the removal of Morsi was designed to push them out of the political process. And this morning, the ultra-Conservative Al Nour party announced its decision to withdraw from further participation in efforts to form an interim government.

Whether the election of Morsi itself had been premature—he was brought to power with the support of only 24% of the voting electorate and pushed through a constitution largely created by the Muslim Brotherhood—its aftermath suggests that the process of creating a new form of government was far from complete. Soon after he took power, many different groups complained that Morsi appeared to have set himself up as a dictator in the mere five months he’d been in power. Clearly, in Arendtian terms, the rebellion started in 2011 had not yet resulted in the “truly revolutionary element” in constitution-making, which lies not in the creation of limited government, but in the act of a people (here Arendt quotes Thomas Paine) “constituting a government.”

There is an enormous difference, Arendt wrote, “in power and authority between a constitution imposed by a government upon a people and the constitution by which a people constitutes its own government.” But “the people”, for Arendt, implied all factions, all parts of the polity, had to be involved in the process; a government not only “for” the people, but also “of” and “by” it. The current conflagrations in Egypt represent yet another stage of opportunity in the effort to revolutionize the Egyptian polity in this direction, a stage which had harbingers of its arrival, but no predictable outcome.

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The great difficulty Egypt faces is not only the vast gap in different groups’ understandings of who “the people” are, and the different degrees of organized mobilization of those groups, but also derives from the fundamentally opposed interpretations of which appropriate principles—Islamist, moderate or more conservative; non-Islamist; pluralist?—should legitimate a new polity in Egypt. And this difficulty is only compounded by an expressed urgency to find solutions to a deteriorating economy.  Arendt would have hoped that the urgency of immediate needs would not overwhelm the revolutionary process of “constituting a government.”

It turns out, Arendt argued, that once “the source of authority had been severed from the colonial body politic in the New World,” the key problem confronting the American Revolution “turned out to be the establishment not of power but of authority.” How this authority (not to be confused with either power or violence) will be established in Egypt depends in the long run on all sides being able both to engage in discussions of principle, and not only contests over power or need, as well as participate in the search for institutionalized mechanisms to stabilize what Arendt called “the tremendous strength inherent in mutual promises.” If specific parties withdraw from this process, or persist in vilifying one group of the other, the violence that is now occurring may not yet be stemmed.

-Kathleen B. Jones

10May/131

The Courage to Do What is Right

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The detention facility in Guantanamo Bay, Cuba hangs over the United States and now the Obama administration like a cloud of acid rain. In recent months hunger strikes once again have brought the injustice of the camp, the inhumane treatment of its inhabitants, and the indefinite detention of its inmates to the attention of the world. The camp is now an indelible blot on the United States, both on our reputation abroad, as well as upon our self-image as a land of constitutional republicanism. Above all it is a meaningful challenge to our self-respect.

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Most of the 779 people that Wikipedia says were brought to Guantanamo were never charged with a crime. Of the fewer than 200 who remain, some no doubt are terrorists and criminals; others, equally as clearly, were unjustly captured, imprisoned, tortured. They are now being held outside rules of law and in violation of our legal and constitutional traditions of freedom. No doubt there are inconvenient questions about what to do with these men. But they are men under our collective care and they are owed more than being kept like animals in pens in purgatory.

President Obama has announced once again his decision to close the camp. We wish him the courage to do what is right. At this moment, it is worth recalling the case of Mohammed Jawad, the first Guantanamo detainee to testify under oath and to a military commission about being tortured by his American captors. Last month there was a dramatic reading of statements made by Jawad's lawyer, David Frakt, juxtaposed with statements made by the case's lead prosecutor, Darrel  Vandeveld who left the military in order to help free Jawad. The reading was held at the Pen World Voices Festival of International Literature. In their statements, both men use the language of Constitutionality to suggest that, by torturing detainees such as Jawad, "America," as Frakt puts it, "lost a little of its greatness."

Here is what Vandeveld, a lifelong military man, writes of his choice to testify in favor of Jawad:

In 2007, I volunteered to prosecute detainees at Guantanamo in the U.S. military commissions. I was assigned as the lead prosecutor in several cases, including the case of Mohammed Jawad, a young man from Afghanistan. While I was a prosecutor, David Frakt helped me to find and expose gross human rights abuses of Mohammed and other detainees by the U.S. government. In September 2008, I became convinced that the prosecution of Mohammed was unjust and that the military commissions were grossly flawed. I requested to be relieved and reassigned to other duties. After stepping down from the prosecution, I worked with David Frakt to expose detainee abuse, to secure Mohammed’s release and bring about much-needed reforms to the U.S. military commissions.

Vandeveld served 24 years in the army, winning a bronze star for valor in Iraq. After his service he went to law school and became a military lawyer. His decision to ask to be relieved from his prosecution duties was, he writes, simply doing his duty: “I did it because I believe in truth, justice, the rule of law, and our common humanity. I did it for Mohammed Jawad, I did it because it was my duty, and I did it for us all.”

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Mohammah Jawad

As the debate about closing Guantanamo heats up, this is a good time to acquaint oneself with the case of Mohammed Jawad. The transcript from the staged discussion between David Frakt and Darrel Vandeveld is a good place to begin. We are all indebted to The Mantle for publishing it. It is your weekend read.

-RB

10Apr/130

Islamic and Liberal Intersections

FromtheArendtCenter

Over the course of the past two decades, the political idiom of liberalism has substantially expanded its global reach and dominance. In the vast majority of the world’s existing states, principles of individual rights and collective recognition have been or are being enshrined in constitutions and other legal codes, and actors in the public sphere and the realm of civil society are adopting liberal discourse in order to press their claims for equality and freedom. The recent Arab Spring is only one of the most recent instantiations of this larger trend.

Yet even as we acknowledge liberalism’s dominance, we should not overlook those settings where it still (and ironically) carries a counter-hegemonic charge. One such locale is the Republic of Turkey, ostensibly one of the most stable and democratic states in the wider Middle East. Here a variety of Islamic organizations have relied on liberal imaginings in their efforts to challenge the state’s anti-clerical model of secularism.

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This Islamic recourse to liberalism is the central concern of Jeremy Walton’s intriguing article in the most recent American Ethnologist, “Confessional Pluralism and the Civil Society Effect.” Walton pays particular attention to the work of four Islamic NGOs in Istanbul and Ankara, all of which have adopted the language of confessional pluralism in their efforts to obtain recognition from the state and secure their inclusion in Turkish public life.[i] These organizations define “religion” as a nonpolitical, voluntary mode of social and ethical life that legitimately, indeed necessarily, takes different forms. They also insist that these varied modes of life deserve acknowledgement and protection on the basis of “the ostensibly universal values of liberty and equality.”

When viewed from the perspective of Turkey’s party politics, these NGOs make strange bedfellows. Three of the organizations analyzed by Walton represent Alevism, a syncretic minority tradition that can be broadly defined by its emphasis on Twelver Shi’a history and belief, its incorporation of Central Asian mystical and shamanistic practices, and its distinctive ritual performances. Alevis have typically supported the Republican People’s Party (CHP, the party established by Mustafa Kemal Atatürk) because its staunch secularism has appeared to offer a bulwark against Sunni majoritarianism and discrimination. The fourth organization, meanwhile, is a Sunni association inspired by the contemporary Turkish theologian Fethullah Gülen and his project of universal religious dialogue. It also epitomizes the recent emergence of the Sunni Muslim bourgeoisie, the constituency that has played a pivotal role in the ascendance of the Justice and Development Party (AKP) under Prime Minister Recep Tayyip Erdoğan. Thanks to its overwhelming success in local and national elections over the past decade, the AKP has effectively supplanted the CHP as Turkey’s preeminent political party.

Yet as Walton rightly notes, these NGOs’ seemingly obvious political differences belie their common turn to the liberal rhetoric of pluralism and collective recognition. All of them desire public acknowledgement of their own (and others’) communities and identities, and all thereby challenge the presumption of ethnolinguistic and religious homogeneity that has prevailed in Turkish governmental discourse since the founding of the Republic in 1923. In addition, all of these organizations question the state’s long-standing effort not only to define and regulate the legitimate practice of religion (especially Sunni Islam), but also to limit religious expression to the private sphere. These rather paradoxical governmental imperatives, which remained largely unchallenged in Turkey until the 1990s, can be traced to the laicist model of secularism that the Republic adopted from the French Jacobin tradition.

In subtle or dramatic ways, all of these NGOs seek to divert Turkish secularism from its previous path. One of the Alevi organizations, for example, seeks a mode of pluralism that would grant to Alevis the same privileges—state funding for houses of worship, inclusion in the mandatory religion classes taught in public schools—that the state has historically allocated to Sunni Islam. Another Alevi association, by contrast, favors an “American-style” secularism that would limit or even prohibit state intervention in religious affairs. The Sunni organization, meanwhile, seeks to promote tolerance and public dialogue across confessional boundaries in a manner that departs markedly from the state’s efforts to privatize religious expression. Significantly, the idiom of liberalism is flexible enough to accommodate these varied and not always compatible projects.

At the same time, the liberal language of confessional pluralism creates tensions and dilemmas for the very organizations that seek to mobilize it. Above all, claims for collective recognition presume coherent and “authentic” (i.e., long-standing, non- or pre-political) religious identities as the necessary ground for communal acknowledgement and equal protection. As Walton convincingly relates, it is precisely such coherence and authenticity that prove elusive for many Islamic NGOs. Alevi associations in particular are defined by intense arguments over the very definition of Alevi identity. Does Alevism constitute a distinct and more or less uniform tradition of its own? What precisely is its relationship with Islam? Does Alevism even constitute a “religion” as the concept is commonly understood, or is it rather a body of folklore, a philosophical and political orientation, or an ethnicity? Alevi associations disagree sharply on the answers to these questions, even as they share a common discursive logic.

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Walton is somewhat less persuasive, however, when he turns to Islamic NGOs’ relationship to the state and state governance. In his reading, these associations engage in a form of “nongovernmental politics” that does not aspire to occupy the position of a governing agency. In fact, they contribute to what Walton, drawing on the work of Timothy Mitchell, calls “the civil society effect”: the romantic notion that civil society constitutes “a self-evident domain of freedom and authenticity” wholly autonomous from the state. I follow Walton’s reasoning when he notes that the NGOs he analyzes have displayed an increasing skepticism toward Turkey’s dominant model of secularism and its major political parties, including the CHP and the AKP. I believe he oversteps, however, when he suggests that many if not all of these associations dismiss political society and the state. To my mind, the very language of liberalism adopted by these NGOs indicates that they care a great deal about the state and its policies. Very much in the spirit of Arendt’s celebrated pronouncements in The Origins of Totalitarianism, they grasp that rights and recognition, if they are to have real substance, must be backed and warranted by the state’s governmental power.

This wrong turn notwithstanding, Walton’s argument makes for stimulating reading. Perhaps above all, it offers a sharp challenge to the still common presumption that Islam and modern politics are hermetically separate, fundamentally irreconcilable domains. Instead, as Walton subtly demonstrates, they “authorize, animate, challenge, and contextualize each other in contextually specific ways.”

-Jeffrey Jurgens

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[i] For the sake of easy reading, I do not dwell on the NGOs by name, but the Alevi associations include the Cem Foundation, the Hacı Bektaş Veli Anatolian Cultural Foundation, and the Ehl-i Beyt Foundation. The Sunni association aligned with Gülen is the Journalists and Writers Foundation.

22Feb/131

Federalism and the Crisis of Politics

Federalism should not be a partisan issue. This has been forgotten as the Federalist Society has turned federalism into a rhetorical sledgehammer to bludgeon liberal policies. But rightly understood, federalism is about freedom. 

Federalism promotes freedom for at least two reasons. First, because citizens will only act and speak in public when they believe their actions will be seen and heard.

The smaller the stage, the more likely is action to be meaningful. If freedom and action are the same, as Arendt writes, then we should be wary of the erosion of federalism. Only when local political institutions have meaningful power will they attract citizens to become politically involved. The danger in the loss of federalism today is the increasing sense that individual citizens have little if any power, which leads to cynicism and apathy.

We can see this cynicism and apathy, surprisingly, in Occupy Wall Street. The fact that Occupy Wall Street became a protest movement, and not an alternative locus of power, is at least partly the result of the fact that local power structures have been rendered increasingly impotent by the vampire squid of national power. As people rightly feel ever-more alienated from political institutions that can make a difference, they retreat from politics. Why did Occupy eschew local politics? Why did it seek a megaphone on the national stage instead of working in the pits of village, town, and state politics? Because everyone knows that the power of local institutions has been decimated. The result is a feeling of powerlessness and hopelessness; the present response is to embrace an ethic of permanent protest as the only meaningful way to personal empowerment. But the elevation of protest to the apogee of political action in Occupy Wall Street is, unfortunately, just another example of the vanishing of politics in our time.

The second way federalism promotes freedom is through constitutional structure. The best way to prevent government from attaining totalitarian or tyrannical power is, as Arendt argues, to multiply the sources of political power. Arendt credits the United States Constitution because it created not only the division of powers on the federal level, but also the constitutional federalism of the early Republic. By empowering states, counties, towns, and villages, the United States Constitution ensured that nearly every citizen would have both opportunity and reason to act in public and to engage in politics.

Arendt’s thoughts on the freedom found in federalism come to mind as I’ve been reading—at the urging of my colleague David Kettler—the classic Small Town in Mass Society, by Arthur J. Vidich and Joseph Bensman. Originally published in 1958, Small Town in Mass Society is still an important and now sadly forgotten book. The argument, in short, is that local towns and villages are losing their distinctiveness. Studying class, religion, power, and politics in small town America, Vidich and Bensman argue that local governments are voluntarily abandoning the political powers they constitutionally possess and thus emptying their lives of meaningful political engagement.

What Vidich and Bensman find is a fundamental contradiction between the way that small town culture sees itself and the way it actually exists in mass society. In their self-image, the residents of “Springdale”—the name for the town they study— think of themselves as a community. They distinguish themselves from “urban dwellers” who are anonymous. They imagine that “Here no man counts more than any other.” “It is unthinkable for anyone to pass a person on the street without exchanging greetings;”

 “Almost all of rural life receives its justification on the basis of the direct and personal and human feelings that guide people’s relations with each other.” And, above all, the Springdale residents of rural New York see themselves as independent from urban-mass society:

While he realizes that machinery and factory products are essential to his standard of life and that taxation and agricultural policy are important, he feels that he is independent of other features of industrial and urban life, or, better, that he can choose and select only the best parts. The simple physical separation from the city and the open rural atmosphere make it possible to avoid the problems inherent in city life.

Against this feeling of independence, Vidich and Bensman argue that small towns are actually part of and integrated into mass society to an extent that their self-image cannot and will not admit. Against the view that Springdalers can choose those parts of mass society they want and reject the rest, Vidich and Bensman argue that they are more influenced and subjected to mass society.

In almost all aspects of culture, even to speech forms, and including technology, literature, fashions and fads, as well as patterns of consumption, to mention a few, the small town tends to reflect the contemporary mass society.  Basically, a historically indigenous local culture does not seem to exist.

For our purposes, one telling section of Small Town in Mass Society is called “The Political Surrender to Mass Society.” While Springdale has a local government and possesses the power of taxation and governance, the authors argue that the town seeks at nearly every turn to abdicate self-governance. Examples include:

 •“Solutions to the problem of fire protection are found in agreements with regionally organized fire districts.”
•The town prefers to have its road signs provided in standard form by state agencies “without cost to the taxpayer[s]” in Springdale.
•Springdale accepts the state’s rules and regulations on roads built and maintained by the state. It works with the foreman of the state highway maintenance crew to have his teams clear village roads, thus saving the expense of organizing and paying for this as a town.
• State construction programs “present local political agencies with the alternative of either accepting or rejecting proposed road plans and programs formulated by the state highway department.”
•The town at every point adjusts its actions to the regulations and laws defined by state and federal agencies; or they accede to the rule of these outside agencies because the agencies have the power to withhold subsidies.

What Springdale actually does in its own politics is forego self-governance and submit itself to outside control. It repeatedly accepts grants of aid offered by the state and subsidies by the state, even when such aid comes with strings and demands for control. The result is that the “village board in Springdale accepts few of the powers given to it. Instead, it orients its action to the facilities and subsidies controlled and dispensed by other agencies and, by virtue of this, forfeits its own political power.”  What is more, this economic and political dependence leads to a “habituation to outside control to the point where the town and village governments find it hard to act even where they have the power.”

For Vidich and Bensman, the loss of local power leads to a psychologically damaging sense of dependence on outside agencies, bureaucracies, and governments.

“State police, regionally organized fire districts, state welfare agencies, the state highway department, the state youth commission, the state conservation department—these agencies and others are central to the daily functioning of the village.” There is a “pattern of dependence,” according to which the “important decisions are made for Springdale by outside agencies.” On the one hand, Springdalers resent these services provided by outsiders because they negate the local villagers’ self image as independent. But the villagers accept these services “because they are free or because acceptance of them carries with it monetary grants-in-aid for the local community.”

The conclusion Vidich and Bensman reach is that the Springdale town government does increasingly little. It seeks whenever possible to avoid providing services itself—e.g. snow or garbage removal. Instead, it seeks to have these services provided by the state in order to avoid having to raise taxes. The ultimate result is the “avoidance of innovation and the minimization of decision.” The village “tends to limit its function to the conduct of routine “housekeeping” business.” “It is a common complaint among all groups in the community that the village board does nothing.”

This political irrelevance at the local level is radical change from the American tradition of citizen democracy. When Alexis de Tocqueville visited America in the 19th century, he was impressed by the active participation of citizens in local government. 100 years later, when Hannah Arendt arrived in the United States, she too was amazed by the sense of common citizens that their voice mattered in politics.

Shortly after Arendt’s arrival, she traveled to a provincial town in Massachusetts to live with a family as a way of learning everyday English and experiencing something of American mores. While she had little in common with this family whose puritanical ways clashed with her own, she was captivated by them and by what Antonia Grunenberg has called their republican self-consciousness.

Arendt described her host family to Karl Jaspers as "thoroughly average people—what would have been called 'petty bourgeoisie' in Germany." And yet, these average Americans embodied the American love of freedom that so impressed Arendt. As she wrote to Jaspers shortly after they resumed contact in 1946:

There is much I could say about America. There really is such a thing as freedom here and a strong feeling among many people that one cannot live without freedom. The republic is not a vapid illusion, and the fact that there is no national state and no truly national tradition creates an atmosphere of freedom or at least one not pervaded by fanaticism. (Because of the strong need the various immigrant groups feel to maintain their identity, the melting pot is in large part not even an ideal, much less a reality.) Then, too, people here feel themselves responsible for public life to an extent I have never seen in any European country. For example, when all Americans of Japanese descent were locked up willy-nilly in concentration camps at the beginning of the war, a genuine storm of protest that can still be felt today went through the country. I was visiting with an American family in New England at the time. They were thoroughly average people--what would have been called 'petty bourgeoisie' in Germany—and they had, I'm' sure, never laid eyes on a Japanese in their lives. As I later learned, they and many of their friends wrote immediately and spontaneously to their congressmen, insisted on the constitutional rights of all Americans regardless of national background, and declared that if something like that could happen, they no longer felt safe themselves (these people were of Anglo-Saxon background, and their families had been in this country for generations), etc.

The extraordinary embrace of political freedom in America had a flip side, namely social oppression: To allow people local rule and governance means that parochial and racist communities can oppress minorities and impose socially conservative mores. There is a fundamental tradeoff between political freedom and social oppression. But Arendt thought the choice was easy: social oppression is simply a cost of what she came to see as the miracle of America.

For Arendt, America embodied, in Leon Botstein’s words, "a federal system of government not based on race or designed to rectify social inequalities, but established to ensure political equality among all citizens, to maintain the freedom of the public realm, social differences notwithstanding."

America, in Arendt's writing and especially in her book On Revolution, is an enduring image of public freedom that so animates her life-long thinking.

Occupy Wall Street failed for many reasons. Above all, however, it failed because even at a time when our democratic and representative institutions are seen as corrupt and broken, OWS offered no meaningful alternative. It failed, therefore, in the basic requirement of any truly revolutionary political movement: to pick up power when it is lying the streets, as Arendt writes in On Violence. And one reason it did so is that we have all lost the basic experience of citizenship and freedom that Arendt so valued when she arrived in America. If we are to resurrect such a practice and habit of citizen-politics, we need to reinvigorate local politics. But we can only do that if we reclaim federalism as a matter of freedom outside of partisan debates.

One first step is to confront honestly and clearly the depth of the loss of political power in America. This has become difficult because federalism and local power have been politicized and polarized. We need to move beyond that. To do so, there are few better books that Small Town in Mass Society. It is your weekend read. And if you cannot get the book, take a look at their article The New Middle Classes: Their Cultures and Life Styles.

For other posts on the connection between Federalism, Power, and Freedom, see “Power, Persuasion, and Organization” and “The Supreme Court as Truthteller.”

 -RB

22Jan/130

Reflections on an Inaugural Address

I watched President Obama’s second Inaugural Address with my seven-year-old daughter. She had just completed a letter to the President—something she had been composing all week. She was glued to the TV. I found myself tearing up at times, as I do and should do at all such events. “The Star Spangled Banner” by Beyonce was… well, my daughter stood up right there in the living room, so I followed suit. The Inaugural Poem by Richard Blanco began strong—I found the first two stanzas powerful and lyrical.

The invocation of “One sun rose on us today,” is Whitmanesque, as is: “My face, your face, millions of faces in morning’s mirrors.” That second verse really grabbed me:

My face, your face, millions of faces in morning’s mirrors,
each one yearning to life, crescendoing into our day,
pencil-yellow school buses, the rhythm of traffic lights,
fruit stands: apples, limes, and oranges arrayed like rainbows
begging our praise. Silver trucks heavy with oil or paper—
bricks or milk, teeming over highways alongside us,
on our way to clean tables, read ledgers, or save lives—
to teach geometry, or ring-up groceries as my mother did
for twenty years, so I could write this poem.

I was hooked here, with Blanco’s rendition of a motley American life guided by a rising sun. But the poem dragged for me. I lost the thread. Still, I am so grateful for the continued presence of poetry at inaugural events. They remind us that the Presidency and the country is more than policy and prose.

In the President’s speech itself, there was too much politics, some prose, and a bit of poetry. There were a few stirring lines affirming the grand dreams of the United States. His opening was pitch perfect:

 Each time we gather to inaugurate a President we bear witness to the enduring strength of our Constitution.  We affirm the promise of our democracy.  We recall that what binds this nation together is not the colors of our skin or the tenets of our faith or the origins of our names.  What makes us exceptional -- what makes us American -- is our allegiance to an idea articulated in a declaration made more than two centuries ago:

“We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.”

Storytelling, Hannah Arendt knew, was at the essence of politics. The President understands the importance and power of a story and the story of America is one of the dream of democracy and freedom. He tells it well. Some will balk at his full embrace of American exceptionalism. They are right to when such a stand leads to arrogance. But American exceptionalism is also, and more importantly, a tale of the dream of the Promised Land. It is an ever-receding dream, as all such dreams are. But that means only that the dream must be kept alive. That is one of the purposes of Presidential Inaugurations, and President Obama did that beautifully.

Another stirring section invoked the freedom struggles of the past struggles for equality.

We, the people, declare today that the most evident of truths –- that all of us are created equal –- is the star that guides us still; just as it guided our forebears through Seneca Falls, and Selma, and Stonewall; just as it guided all those men and women, sung and unsung, who left footprints along this great Mall, to hear a preacher say that we cannot walk alone; to hear a King proclaim that our individual freedom is inextricably bound to the freedom of every soul on Earth.

The President, our nation’s first black President now elected for a second term, sought to raise the aspiration for racial and sexual equality to the pantheon of our Constitutional truths. Including the struggles of gay Americans—he mentioned gay rights for the first time in an inaugural address—the President powerfully rooted the inclusivity of the American dream in the sacred words of the Declaration of Independence and set them in the hallowed grounds of constitutional ideals.

When later I saw the headlines and the blogs, it was as if I had watched a different speech. Supposedly the President offered an “aggressive” speech. And he came out as unabashedly liberal.  This is because he mentioned climate change (saying nothing about how he will approach it) and gay rights. Oh, and many saw it as unabashedly liberal when the President said:

For we, the people, understand that our country cannot succeed when a shrinking few do very well and a growing many barely make it. We believe that America’s prosperity must rest upon the broad shoulders of a rising middle class.  We know that America thrives when every person can find independence and pride in their work; when the wages of honest labor liberate families from the brink of hardship.  We are true to our creed when a little girl born into the bleakest poverty knows that she has the same chance to succeed as anybody else, because she is an American; she is free, and she is equal, not just in the eyes of God but also in our own.

How is it “liberal” to value the middle-class and pride in work? There was nearly nothing in this talk about the poor or welfare. It was about working Americans, the people whose labor builds the bridges and protects are people. And it was about the American dream of income and class mobility. How is that liberal? Is it liberal to insist on a progressive income tax? Granted, it is liberal to insist that we raise revenue without cutting expenses. But where was that said?

And then there are the swarm of comments and critiques about the President’s defense of entitlements.  Well here is what he said:

We understand that outworn programs are inadequate to the needs of our time.  So we must harness new ideas and technology to remake our government, revamp our tax code, reform our schools, and empower our citizens with the skills they need to work harder, learn more, reach higher.  But while the means will change, our purpose endures:  a nation that rewards the effort and determination of every single American.  That is what this moment requires.  That is what will give real meaning to our creed.   We, the people, still believe that every citizen deserves a basic measure of security and dignity.  We must make the hard choices to reduce the cost of health care and the size of our deficit.  But we reject the belief that America must choose between caring for the generation that built this country and investing in the generation that will build its future.  (Applause.)  For we remember the lessons of our past, when twilight years were spent in poverty and parents of a child with a disability had nowhere to turn.

If I read this correctly, the President is here saying: We spend too much on health care and we need to cut our deficit. Outworn programs must change and we need innovation and technology to improve our schools even as we reduce the cost of education. We must, he says, “make the hard choices to reduce the cost of health care and the size of our deficit.”  Yet we must do so without abandoning the nation’s creed: the every American has equal worth and dignity. This is a call for changing and rethinking entitlements while cutting their cost. It is pragmatic and yet sensible. How is it liberal? Is it now liberal to believe in social security and Medicare? Show me any nationally influential conservative who will do away with these programs? Reform them, yes. But abandon them?

More than a liberal, the President sounded like a constitutional law professor. He laid out broad principles. We must care for our fellow citizens. But he left open the way that we might do so.

Perhaps the most problematic section of the President’s speech is this one:

We do not believe that in this country freedom is reserved for the lucky, or happiness for the few.  We recognize that no matter how responsibly we live our lives, any one of us at any time may face a job loss, or a sudden illness, or a home swept away in a terrible storm.  The commitments we make to each other through Medicare and Medicaid and Social Security, these things do not sap our initiative, they strengthen us.  They do not make us a nation of takers; they free us to take the risks that make this country great.

Here the President might sound liberal. But what is he saying? He is raising the entitlement programs of the New Deal to Constitutional status, saying that these programs are part of the American way of life. He is not wrong. No Republican—not Reagan, not Romney, not Paul Ryan—proposes getting rid of these programs. They have become part of the American way of life.

That said, these programs are not unproblematic. The President might say that “these things do not sap our initiative, they strengthen us. They do not make us a nation of takers; they free us to take the risks that make this country great.” But saying it does not make it true. There are times when these programs care for the sick and unfortunate. And yet there are no doubt times and places where the social safety net leads to taking and weakness. It is also true that these programs are taking up ever more of our national budget, as this chart from the Government Accounting Office makes clear.

The President knows we need to cut entitlements. He has said so repeatedly. His greatest liability now is not that he can’t control opposition Republicans. It is that he doesn’t seem able or willing to exert leadership over the members of his own party in coming up with a meaningful approach to bring our entitlement spending—spending that is necessary and rightly part of our constitutional DNA—into the modern era. That is the President’s challenge.

The problem with President Obama’s speech was not that it was liberal. Rather, what the President failed to offer was a meaningful example of leadership in doing what he knows we must do: Rethinking, re-imagining, and re-forming our entitlement programs to bring them into the modern era.

-RB

19Oct/122

Campaign Finance Laws and the First Amendment

The Arendt Center recently hosted Professor Zephyr Teachout to speak about Citizens United v. FEC and campaign finance reform. The talk was in honor of Constitution Day, which Professor Teachout joyfully informed us may very well be unconstitutional. We carried on.

Teachout began her talk by announcing that the "First Amendment is a terrible thing." Less provocatively, she argues that the First Amendment plays a "dangerous role" in our constitutional culture. Above all, she presented her argument that the Supreme Court's increasing reliance on the First Amendment to invalidate campaign finance laws is, ironically, used to shut down meaningful public debate around the proper role of lobbying in our politics.

She began by telling a story of the Supreme Court case Trist v. Child from 1874. The case involves Mr. Trist who had a claim against the U.S. Government for about $15,000 (about $100,000 in current dollars). Trist hired Child, a lawyer, to represent him and convince Congress to honor its debt. Among other things, Child encouraged Trist to have his friends write to Congressman threatening not to vote for them if they didn't honor this debt to Trist. Child also personally lobbied Congressman.  He eventually succeeded in getting Congress to appropriate Trist's money.

Trist, however, refused to pay Child the fee agreed to in their contract. Child sued Trist to get his agreed upon money.

In the Supreme Court decision refusing to enforce the contract, the Court holds that Trist need not pay Child; a number of reasons are given, a few very technical. But the majority of the opinion by Justice Swayne rejects the legality of lobbying with a broad brush.  Trist need not honor his contract with Child, Swayne writes, because there was no valid contract. In short, the original contract hiring Child as a lobbyist was immoral and illegal, and thus unenforceable. Justice Swayne argues that the very immorality of the practice of lobbying nullifies the contract between Trist and Child.

Teachout helpfully describes the issue this way. Child says something like: Our contract was just like a contract for me to sell you a car and now you don't want to pay me for the car now that you have it. Trist responds that, in Teachout's colorful analogy,

No, this is like we made a contract for prostitution, and you can't go to the cops after we made a contract for prostitution and get them to enforce that contract. Because lobbying is like prostitution. It is so corrupt that there is no way courts are going to enforce it.

Writing for the Supreme Court, Justice Swayne puts it this way:

The agreement in the present case was for the sale of the influence and exertions of the lobby agent to bring about the passage of a law for the payment of a private claim, without reference to its merits, by means which, if not corrupt, were illegitimate, and considered in connection with the pecuniary interest of the agent at stake, contrary to the plainest principles of public policy. No one has a right in such circumstances to put himself in a position of temptation to do what is regarded as so pernicious in its character. The law forbids the inchoate step, and puts the seal of its reprobation upon the undertaking.

If any of the great corporations of the country were to hire adventurers who make market of themselves in this way, to procure the passage of a general law with a view to the promotion of their private interests, the moral sense of every right-minded man would instinctively denounce the employer and employed as steeped in corruption and the employment as infamous.

There are two remarkable things about Justice Swayne's argument. First, as Teachout notes in her talk, there was nothing remarkable about it in 1874. Many states and governments throughout the U.S. made lobbying illegal. It was seen as an act of corruption. And few if any courts in the U.S. would find this unusual, at least before the turn of the 20th century.

The second remarkable thing to note is how utterly remarkable Justice Swayne's argument is today. To speak of the millions of lobbyists in the US as "adventurers who make market of themselves" as offending the "moral sense of every right-minded man" is a painful reminder of how far our political system has fallen. Not only is the moral prohibition against lobbying something of the past, but also the idea that the Supreme Court would invalidate contracts based on lobbying is nearly unimaginable.

The reason for this change in the legal and even moral status of lobbying is, Teachout argues, the rise of free-speech jurisprudence in the 20th century. Specifically, the Court's acceptance of the basic claim freedom of speech is the fundamental foundation of our democratic system has made lobbying not only legal, but morally defensible. If democracy depends on a marketplace of ideas, then having corporations and individuals hire lawyers and public relations firms to buy and sell influence in politics is at the very foundation of democratic governance. What Teachout forces us to consider is that our elevation of the First Amendment to foundational status in our constitutional firmament is predicated on a political theory that founds democracy on the unfettered marketplace of ideas. If we are to take back our government from corporate adventurers and their lobbyists, we will need to rethink our commitment to free speech, at least as the Court currently understands it.

Teachout's provocative talk attacks less freedom of speech itself than the Court's elevation of free speech to the first amongst all constitutional provisions—the foundational right in our constitutional and democratic system. She traces the rise of free speech jurisprudence to the point where, today, free speech is the paradigmatic right in our democracy. Free speech has become equated with democracy, so that "free speech is democracy."

It is important to see that Teachout is really pointing out a shift between two alternate political theories. First, she argues that for the founders and for the United States up until the mid-20th century, the foundational value that legitimates our democracy is the confidence that our political system is free from corruption. Laws that restrict lobbying or penalize bribery are uncontroversial and constitutional, because they recognize core—if not the core—constitutional values.

Second, Teachout sees that increasingly free speech has replaced anti-corruption as the foundational constitutional value in the United States. Beginning in the 20th century and culminating in the Court's decision in Citizens United, the Court gradually accepted the argument that the only way to guarantee a legitimate democracy is to give unlimited protection to the marketplace of idea. Put simply, truth is nothing else but the product of free debate and any limits on debate, especially political debate, will delegitimize our politics.

This view that free speech is the fundamental bastion of democracy is the basis of Justice Kennedy's decision in Citizens United. In Kennedy's opinion, laws regulating campaign finance regulate speech, and not just force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech." If we believe that fair elections require a free airing of all opinions, than restrictions on campaign finance are the most dangerous forms of censorship. Which is why Kennedy can worry that "The censorship we now confront is vast in its reach."

What he means is that all those corporations regulated by the campaign finance reform law invalidated by Citizens United—including large multinationals and also small mom and pop stores and even unions and non-profit corporations—are prohibited from expressing their views about political candidates during an election. In Kennedy's telling, corporations are part of the country and, what is more, an important part of the country. The Government has “muffle[d] the voices that best represent the most significant segments of the economy."

It is helpful to recall Justice Felix Frankfurter's concurring opinion in U.S. v. Congress of Industrial Organizations. The Smith Act had forbidden unions to use funds to pay for politicking, very much like the limitations on corporate funding in the 2002 Bipartisan Campaign Reform Act.  In U.S. v. CIO, the Court refused to rule on the Constitutional question of whether the Congress can forbid unions from political speech. Frankfurter, however, does consider it. He argues that we must take seriously the evil of corporate and union speech in politics. The corruption of elections and federal officials by the expenditure of large masses of aggregated wealth But that evil, he counters, "is not one unmixed with good." For Frankfurter,

To say that labor unions as such have nothing of value to contribute to that process and no vital or legitimate interest in it is to ignore the obvious facts of political and economic life and of their increasing interrelationship in modern society.

Replace "Labor unions" with "corporations." That is what Justice Kennedy did in Citizens United. What he said is that corporations have a voice in our political landscape, just as do unions and non-profits. When such corporate entities engage in speech, there is a danger of corruption. But we cannot deny their speech is politically important. Instead of then balancing those interests in a practical way, Justice Kennedy simply said that the First Amendment insists that political speech never be abridged. Our Constitutional system, he argued, demands that the marketplace of ideas be allowed to work unimpeded.

The overriding desire to protect political speech proceeds under the assumption, with Oliver Wendell Holmes Jr., that "the best test of truth is the power of the thought to get itself accepted in the competition of the market.” What Zephyr Teachout helps to make clear is that this elevation of free-speech to the first amongst constitutional provisions is fundamentally at odds with the desire to regulate political speech to keep politics free from corruption.  If we want to get serious about fighting corruption in politics, we need to take seriously the need to question the now unquestionable faith that democracy is founded upon freedom of speech.

To fight against Citizens United and uphold the legal rejection of campaign finance limitations requires that we break the bi-partisan stranglehold that an extreme view of the First Amendment currently has on our constitutional jurisprudence.  Only once we do so can we return to a meaningful public debate about when lobbying is and when it is not corrupting. And only once we free campaign finance laws from the First Amendment can we, as we must, have a serious discussion about how much money distorts and corrupts our political process.

These are difficult issues, and weakening the scope and impact of the First Amendment is risky. As Teachout argues, it is a risk we must take to save our democratic system.

To see why, I encourage you to watch Zephyr Teachout's talk here. You can also read the essay on which the talk is based here. Together, they are your weekend reads.

—RB