In the wake of Mozilla C.E.O. Brendan Eich's resignation over his support for California's 2008 Proposition 8, which banned gay marriage and has since been overturned in court, Andrew Sullivan laments the process by which Eich was compelled to step down.
In his post, Sullivan, a gay man who has been making the conservative case for gay marriage for nearly two decades, suggests that to simply label Eich a bigot and move forward under that presumption is too easy. Indeed, he says, that "the ability to work alongside or for people with whom we have a deep political disagreement is not a minor issue in a liberal society. It is a core foundation of toleration. We either develop the ability to tolerate those with whom we deeply disagree, or liberal society is basically impossible. Civil conversation becomes culture war; arguments and reason cede to emotion and anger." In this context, what is a crusade for tolerance also becomes a front for intolerance, something about which Sullivan is deeply troubled. The propagation of such a sure belief means the end of civil society and, in its face, he proposes we embrace uncertainty, concluding, finally, that "a moral movement without mercy is not moral; it is, when push comes to shove, cruel."
Sullivan makes a passionate and necessary plea for both moral uncertainty and, equally important, a willingness to live with and amongst those whose opinions we find both wrong and hurtful. What makes American democracy special is not that we have the right answers, but that we are committed to the conversation, not that we employ mandarins blessed with the right answers but that we trust everyday citizens to figure it out as we go along. Sullivan makes his case that Eich was honorable, open, and willing to engage in meaningful dialogue with those he disagreed with. Let's leave aside accusations of political correctness and such. The important point is that we are living in a country increasingly at odds with its democratic tradition of debate and disagreement. We bemoan the fact that Republicans and Democrats can't talk across the aisle; how is that we now won't even work with someone who respectfully disagrees with us politically?
—RB h/t Josh Kopin
The Hannah Arendt Center has followed the shadow dance of the fiscal cliff less for its fiscal than for its political lessons. While a deal was struck, it is hard not to be impressed by the breakdown of our political class. Like the Europeans, we are now officially kicking the can down the road, refusing to address our meaningful problems. There is, in short, no political will and no political leadership with the courage and willingness to act in ways that might help us imagine a new way out of our predicament.
One could say it is the fault of voters. But there is a funny thing happening in politics. The House of Representatives, which is supposed to be the most populist of the major branches of government, is the one branch of government that is calling loudly for painful spending cuts and resisting the rise of our out-of-control debt. True the House is calling for tax cuts, but so too did the Senate and the President. What distinguishes the House now is its insistence on cutting spending. The Senate and President—imagined to be more protected from popular will—are instead combining now to cut taxes, increase spending, and keep the gravy train of government-subsidized stimulus flowing. In a strange way, it is the political body most responsive to voters that is at least calling for change—even if the House Republicans refuse to be honest about what those changes would be or what they would mean. Why or how has this political inversion happened?
One of the few Senators who voted against the compromise is Michael Bennett, the Democratic Senator from Colorado who was supposed to be cliff jumping in Vail (it’s nice here!) but stayed in Washington to vote “No.” Interviewed by Maureen Dowd in The New York Times, Bennett says: “Going over the cliff is a lousy choice and continuing to ignore the fiscal realities that we face is a lousy choice.” Bennett, a free thinking Democrat, knows that things have to change.
"The burden of proof has to shift from the people who want to change the system to the people who want to keep it the same,” he said. “I think if we can get people focused to do what we need to do to keep our kids from being stuck with this debt that they didn’t accrue, you might be surprised at how far we can move this conversation.
But what is it about the system that needs to change? Some see this as simply a matter of policy. Nouriel Roubini, writing today in the Financial Times, thinks taxes need to go up for all Americans to help support a welfare state that is drastically underfunded and yet ever-so necessary:
Neither Democrats nor Republicans recognise that maintaining a basic welfare state, which is right and necessary in our age of globalisation, rapid technological change and demographic pressure, implies higher taxes for the middle class as well as for the rich. A deal that extends unsustainable tax cuts for 98 per cent of Americans is therefore a pyrrhic victory for Mr. Obama.
Roubini may very well be right. But as he himself recognizes, the political will to exercise this transformation is simply not there. What that means policy wise, I do not know.
A U.S. District Court Judge ruled late yesterday that college students from Bard College, Marist College, and other local colleges could indeed vote, even though the local Dutchess County Elections Commissioner had refused their registrations, because they left the Room number of their dorms off of their registration forms. Here is the short story in the Mid Hudson News:
Poughkeepsie area college students, who were denied the ability to vote in the election by Dutchess County Elections Commissioner Erik Haight, may so do after all. Haight maintained they did not properly list their campus addresses on their voter registration forms. But, US District Court Judge Kenneth Karas ruled late Monday they may, in fact, vote on Tuesday. The students from The CIA, Marist College and Bard College filed a class action lawsuit against Haight and the Dutchess board of Elections maintaining they do have the right to vote. The students were represented by the New York Civil Liberties Union and their law firm. “This is a victory for voting rights,” said NYCLU Legal Director Arthur Eisenberg. “The right to vote is preservative of all other rights in a democracy, and deserves the strictest constitutional protection possible.”
That college students vote is important for many reasons, above all because acquiring the habit of voting early will increase the likelihood of someone's voting throughout their life. Voter participation rates for young voters are pitifully low. We should be encouraging young people to get involved and vote. Instead, county commissioners around the country pull out every trick in their power to prevent students from voting.
In Dutchess County, where Bard is located, there are two arguments against student voting. Most cynically, the county is heavily Republican. College voters are thought to be Democrats, although this is not always as true as one believes. In any case, these towns are often small and the presence of a large number of students can at times tip the balance in close local elections.
The less cynical and more principled reason for limiting the student vote comes down to a question of community. Locals argue that students are not actually part of the local community. They have not decided to make their lives there, but are simply visiting the community for four years on their way somewhere else. They resent the fact that these young interlopers who often have little connection to or understanding of the community will have an outsized influence on local politics.
The mistake in such reasoning is that the students are part of the local community. Bard students, to take just one example, live in Dutchess County. They use the buses, drink the water, and shop in the stores. These students bike on the roads and walk the streets alone at night. They also work in the bakeries and babysit the children of many locals. They have a strong stake in the flourishing and safety of the community and as young adults they have a right and an obligation to be involved. They also have a choice to vote with an absentee ballot from their home or to participate in the local politics where they are spending four years. Many do care about the community and to deny them that civic right of participation is wrong.
There is, however, one crucial difference that separates young voters from other voters—most first time voters do not and have not paid taxes. It is much easier for young voters to demand services from government, to vote for school bonds, to support tax increases, and to generally support big government because they have not yet had the experience of looking at their paychecks and seeing how much money is taken out for taxes. I do understand why locals can be resentful of a large block of young and idealistic voters who, from the perspective of the conservative community members, don't understand the struggles and values of the working people in the community. But that is not an excuse to exclude them from the ritualistic practice of self-government.
You can read more about the lawsuit at the Bard Free Press.
The crisis must matter.
The most important divide in political and intellectual life today is between those who see society undergoing a transformative crisis and others who believe that the basic structures the 20th century industrial welfare state will persist.
The divide over how to understand the crisis of our times was front and center at the recent Hannah Arendt Center conference "Does the President Matter? A Conference on the American Age of Political Disrepair."
A number of speakers worried about the language of crisis. They rightly see talk about a "crisis" as code for an attack on the institutions of the welfare state. It can be an excuse to not only scale back the unsustainable aspects of our entitlement programs, but also to lower taxes on the wealthiest Americans while doing so.
It is true that many want to misuse the crisis as an attack on the poor and the middle class; that potential abuse, however, is not an excuse to deny the fact of the crisis itself. It is simply no longer possible to responsibly deny that we are living through a transformative crisis that will change the character of America and much of the world. The drivers of that crisis are many and include technology and globalization. The effects are profound and won't be fully understand for decades. At present, the first consequence is a crisis of institutional authority.
We in the US have indeed lost faith in our basic institutions. We don't trust scientists who warn us about global warming; we doubt economists who warn us about debt; we deny doctors who tell us that vaccines are safe. Very few people trust politicians or Ph.D.'s anymore. In fact, according to a 2009 General Social Survey, there are only two institutions in the United States that are said to have "A great deal" of confidence from the American people: the military and the police. This faith in the men with guns is, as Christopher Hayes writes in The Twilight of the Intellectuals, deeply disturbing. But it is not an illusion.
According to John Zogby, who spoke at the Hannah Arendt Center Conference last weekend, the crisis of faith in institutions is widespread and profound. Zogby said:
We call this the greatest economic crisis since the Great Depression and it is. But this is much more than that. This is a transformational crisis. Much more than simply the Great Depression, this is equivalent on the global stage to the fall of the Roman Empire. To the demise of Feudalism. What we have at this moment in time is a myriad—if not almost all—of our familiar institutions unprepared to deal with multiple crises all at once. Whether it is the federal Government or the near bankrupt states or the Democratic Party or the Republican Party or the banking institutions or the brick and mortal halls of higher education. Whether it is the Boy Scouts of America or the Roman Catholic Church, a number of our institutions that make up the superstructure of our society are simply unprepared to deal with the force of change, where we find ourselves.
Zogby was not the only speaker at our conference who noted that "our minds as well as our institutions have not caught up with the failure that they represent." Tracy Strong pointed to the outdated capacity of political primaries and Jeffrey Tulis spoke of the ways that Congress has, over the last century, increasingly abdicated its governmental and constitutional responsibilities. Institutions today spend more resources on self-sustenance (like fund raising) than on problem solving. Today our most important institutions are not only unable to solve the problems we face; the institutions have themselves become the problem.
Walter Russell Mead compared our current period to that era of American politics between 1865 and 1905. Mead noted that few people can name the presidents in that period not because of a failure of leadership but, rather, because in that period the U.S. was going through a cultural and societal transformation from, on one level, an agrarian to an urban-industrial society. We today are experiencing something equally if not more disruptive with globalization, technology, and the Internet. It is a mistake, Mead argued, to think that government or any group can understand and plan for such profound changes. There will be dislocations and opportunities, most of which are invisible today. While Mead offered optimism, he made clear that the years before the new institutions of the future emerge will be difficult and at times dark. There is little a president or a leader can do to change that.
Todd Gitlin and Anne Norton spoke of Occupy Wall Street and also the Tea Party as U.S. movements founded upon the loss of political and institutional power. Gitlin began with the widely quoted quip that the system is not broken, its fixed, an expression that feeds upon the disaffection with mainstream institutions. Norton especially noted the difficulties of a movement that at once decries and yet needs governmental power. The one constant, she rightly noted, is that in a time of institutional decay, those with the least to lose will lose the most.
Rick Falkvinge, founder of the Swedish Pirate Party, situated his party precisely in the space of institutional distrust that Mead and Zogby described. Falkvinge noted that the primary value held by 17 year-olds today is openness and transparency, which he distinguished from free speech. While free speech respects the rights of government and the media to regulate and curate speech, the radical openness embodied by the new generation is something new. The Pirate parties, for example, follow the rule of three. If three members of the Party agree on a policy, then that policy can be a platform of the party. There is no hierarchy; instead the party members are empowered to act. Like Wikileaks, with which it has strong affinities, the Pirate Party is built upon a profound distrust of all institutional power structures that might claim the authority to edit, curate, or distill what ought to be published or how we should govern ourselves.
Hannah Arendt wrote frequently about crises. "A crisis," she saw, "becomes a disaster only when we respond to it with preformed judgments, that is, with prejudices." The recent Arendt Center Conference sought to think about one particular crisis, namely the crisis of leadership in responding to the various crises that beset our age. It was born from the sense that we are increasingly confronting problems before which we cower helpless.
There are, of course, dangers and pitfalls in leadership. I too worry about calls for a leader to redeem us. That said, the coming seismic shifts in our world will bring great pain amidst what may be even greater opportunity. Without a workable political system that can recognize and respond to the coming changes with honesty and inspiration, chances are that our crises will morph into a disaster. Our President must matter, since men rarely accomplish anything meaningful without it. How a president might matter, was the theme of the two day conference.
If you missed the conference, or if you just want to review a few of your favorite talks, now is your chance. The Conference proceedings are online and can be found here. They are your weekend "read".
“‘[T]he revolution was effected before the war commenced,’ not because of any specifically revolutionary or rebellious spirit but because the inhabitants of the colonies were ‘formed by law into corporations, or bodies politic,’ and possessed ‘the right to assemble … in their town halls, there to deliberate upon the public affairs."
—Hannah Arendt, quoting John Adams, in On Revolution
These remarks represent casual, back-of-the-envelope thoughts. The question they pose is: what would the Occupy movement, or something like it, have to look like in order to succeed in altering the structure of American governance? This assumes that the goal of Occupy is, or should be, to change the structure of American governance, and it assumes an idea of what “the structure of American governance” means, which I will try to explain. My answer to that question—what would Occupy have to look like—can be summed up in a few words: it would have to stop being a movement of the left. As a thought experiment, I propose to imagine an Occupy movement without leftism, and with the goal of changing the structure of governance.
The first thing to work out is wherein the leftism of Occupy actually consists. It does not consist in espousing the interests of the poor—or attacking the interests of the rich. Wealth is neither liberal nor conservative by nature, and wealth in today’s America flows alternately to Republicans and Democrats. Right-wing movements can be populist as well, and garner the support of the economically marginal. Wealth looks after its own interests and treats politics as secondary—which is why the catchphrase of the Occupy movement, “the 99 percent,” theoretically constitutes an appeal to both left and right. It is supposed to be a call to unite along economic rather than political lines. This—“Forget politics and unite for your common economic interest!”—is what I take to be the intended message of Occupy. Those who primarily hear this intended message thus think that Occupy is a new kind of populist movement, having left behind the identity politics of liberalism for a unifying, class-based cause.
But whatever you make of this intended message, there is also an effective message of Occupy, somewhat different from its intended one. The effective message of Occupy proceeds, inevitably, from the demographic composition of the movement. Is it plain for anyone beholding an Occupy rally to see that its membership is drawn from the educated, bourgeois, liberal left; that other contingents (sympathetic Ron Paulites, unionists, etc.) are essentially tokens; and that the members of the real economic underclass are present only on the other side of the fast food counter, selling burritos to hungry protestors. At a march I attended in Chicago, I could stand in one spot and see signs proclaiming dozens of demands: that we go green, withdraw from foreign wars, respect women and minorities, legalize gay marriage, realize that “we are one with the cosmos”—and, oh yes, punish the banks while we’re at it. I happen to agree, at least in some sense, with most of these demands (oneness with the cosmos being one that I would have to find out more about before deciding on), but I was puzzled by their presence. I asked myself: are these particular demands separable from the core economic message? It seems they ought to be, and in theory they are, but here the concrete trumps the theoretical. Get rid of all the people holding those “Regulate x” and “Legalize y” signs at the Occupy rally, and you will have gotten rid of most of the movement. Occupy pursues its universalism as a process of expansion from a preexisting social base. It is like a Facebook group that keeps adding members (in fact, it is that, literally). But this process has natural limits, which Occupy has probably already reached.
So Occupy has its economic message (“the 99 percent”), and it has its social message. The social message is: “Join the left! We liberals have everybody’s best interests at heart, and our concern is with economic justice for the 99 percent.
All you have to do to be part of our movement is to drop your uneducated prejudices—your racism, xenophobia, homophobia, chauvinism, et cetera. Then, once you have become educated liberals, we can move beyond liberalism and fight together for our economic interests!” In the very act of asserting its universalist economic agenda, Occupy reinscribes the particularist demands of the liberal left as prerequisites for participation.
Better than trying to cleanse the economic message of those distracting particularist agendas would be instead to think beyond the economic message itself. What would it mean for Occupy to think at the level of the political? The question of defining the political as such is a point that risks involving Arendt scholars, somewhat uncharacteristically, in long, subtle, almost scholastic discussions; but for our purposes, the answer is easy enough. It would mean to think about constitutions.
A constitution can be a written document embodying the “higher law of the land”—but it need not be. A constitution can just as well consist in an unwritten tradition (as in Great Britain), or, as Arendt reminds us, in an institution such as the Roman senate (or perhaps, in our day, the loya jirga)—a political body that lasts just as long as it is cared for and maintained. (Similarly, a written constitution lasts only as long as people choose to obey it.) A successful revolution—this is the thrust of Arendt’s On Revolution—is one which does not stop at the point of liberating people from oppression, which might be of an economic or a political kind. Occupy aims at economic liberation. A successful revolution, on the other hand, puts its main energy into constitution-making, and results in the creation of lasting institutions, bodies politic that function and endure.
Founding, constituting, instituting: this would be the business of a truly political and, I think, a truly successful Occupy movement. These activities are by nature genuinely public and open to all comers without prerequisite. They might take various concrete forms. Lawrence Lessig advocates holding mock constitutional conventions across the country, with the eventual aim of demonstrating the effectiveness of the process as carried out by ordinary citizens and encouraging state legislatures to invoke Article V of the U.S. constitution and call a new federal convention. Another model would be to simply begin holding unconditional open meetings, publicized and accessible to all, neighborhood by neighborhood, “to deliberate upon the public affairs” until some structure of governance begins to emerge, good leaders come forward, actions are taken. While both these models have their idealistic aspects, both have some realistic aspects as well. We have barely begun to think through the possibilities, but we will eventually need to do the patient work of reconstituting the republic.
-Stephen Haswell Todd
Is economic inequality becoming a problem for Americans? The common sense today is that OWS has put inequality on the agenda today in a way that is new in American politics. And today Eduardo Porter makes the argument that OWS is having some traction on the question of income inequality. While Americans traditionally are tolerant of inequality, that may be changing.
Our tolerance for a widening income gap may be ebbing, however. Since Occupy Wall Street and kindred movements highlighted the issue, the chasm between the rich and ordinary workers has become a crucial talking point in the Democratic Party’s arsenal. In a speech in Osawatomie, Kan., last December, President Obama underscored how “the rungs of the ladder of opportunity had grown farther and farther apart, and the middle class has shrunk.”
There are signs that the political strategy has traction. Inequality isn’t quite the top priority of voters: only 17 percent of Americans think it is extremely important for the government to try to reduce income and wealth inequality, according to a Gallup survey last November. That is about half the share that said reigniting economic growth was crucial.
Seventeen percent seem a low number of citizens concerned about inequality, but looking deeper, Porter argues that attitudes are changing.
A slightly different question indicates views have changed: 29 percent said it was extremely important for the government to increase equality of opportunity. More significant, 41 percent said that there was not much opportunity in America, up from 17 percent in 1998.
Statistics on income mobility are notoriously hard to measure and contested, but the surveys indicate that optimistic Americans are losing that sense of mobility and possibility. Even if people can and do often earn more than their parents, the vast rifts opening up between rich and middle class means that increasingly Americans live in different worlds. These vast divisions are now seen as a problem not only by liberals, but also by conservatives like Charles Murray, whose book Coming Apart bemoans the loss of a common sense of American values. There is a way in which the truly extraordinary gaps in income are unraveling the social contract that holds the country together.
In other words, even for those who are accepting of inequality and who believe in a meritocracy, excessive inequality cannot be justified. As Porter writes:
One doesn’t have to believe in equality to be concerned about these trends. Once inequality becomes very acute, it breeds resentment and political instability, eroding the legitimacy of democratic institutions. It can produce political polarization and gridlock, splitting the political system between haves and have-nots, making it more difficult for governments to address imbalances and respond to brewing crises. That too can undermine economic growth, let alone democracy.
Read more here.
The NY Times penned one of those editorials Wednesday that makes one wonder who is home. The Times takes President Obama to task for forming a Super PAC--or for having someone form a Super PAC for him, because we know there is no coordination between the Super PAC and the Super PAC's beneficiary. As cynical as the current Super PAC frenzy is, and as disheartening as the crush of money being spent by the Republican Super PACs and hoarded by Karl Rove's Super PAC is, what would be served by President Obama refusing to feed at the trough? Recall, he is the first Presidential candidate since 1974 to opt out of the public matching funds system. The idea that he might run as an anti-big-money candidate is hard to imagine, so how could he meaningfully run a campaign claiming on principle to be opposed to the influence of big money, as the Times editorial suggests.
I am in Berlin where on Monday I gave a Keynote Talk to open the State of the World Week in Berlin, sponsored by the European College of Liberal Arts of Bard. My talk was on the Citizen United court case, the case that opened the door to Super PACs. I'll be blogging more about Campaign Finance Reform as the election progresses. But for now, here is a short excerpt of one part of my talk that offered a condensed history of Campaign Finance and Campaign Finance Reform in the United States.
We can divide the history of Campaign finance in the U.S. into 7 stages.
1. The first stage is the pre-History involving the 1787 Constitutional Convention. As Zephyr Teachout has shown, "Corruption was discussed more often in the Constitutional Convention than factions, violence, or instability. It was a topic of concern on almost a quarter of the days that the members convened." Teachout and Lawrence Lessig have argued that there was a strong sense among the founding fathers that the great threat to new Constitution was corruption. And they have pointed to a number of practical responses to that threat in the Constitution itself. These include Article I, Section 6, Clause 2, which prevents members of Congress from holding civil office while serving as a legislator, or from being appointed to offices that had been created—or in which the compensation was increased—during their tenure. The point was to prevent members of Congress from using their posts to enrich themselves and their friends.
Another innovation aimed to prevent corruption was the decision to have those in the House of Representatives serve only for two years. According to Teachout and Lessig, this was designed to counter the formation of bonds between legislators and the President. By turning over the members of the House on a regular basis, it would be less likely that the Representatives would form strong alliances with members of the Executive branch, thus helping to maintain their independence. The founding fathers would surely be astounded by the incumbent advantages apparent today.
2. The Second stage of American campaign finance history runs from the passage of the Constitution until the election of Andrew Jackson in 1828. In early U.S. elections, most campaign expenses were paid directly by the candidates using their own money. Such expenses were relatively minimal, going toward an occasional campaign pamphlet and, sometimes, for food and drink at rallies. As Bradley Smith writes, "Though free from the "corrupting" effects of money, elections in this early period were generally contested by candidates representing aristocratic factions standing for election before a relatively small, homogeneous electorate of propertied white men."
3. The financing of American political campaigns begins to become interesting in 1828, with the election of Andrew Jackson. Jackson's presidency is rightly seen as the true beginning of modern American democracy. And Jackson's campaign for President was the first presidential campaign that appealed directly to the voters and not simply to party elites. Jackson's campaign was organized by Martin van Buren (who later served as his Vice President and thereafter as President). Van Buren was one of the original machine politicians from New York who created the machine concept Boss William Tweed would perfect later in the century at Tammany Hall. What Van Buren did for Jackson was to organize a campaign aimed at the people. This cost money. And what he and Jackson did was to raise money from those who were seeking jobs in the government. This was the beginning of the spoils system, whereby political campaigns were funded by current and prospective government employees; these employees in turn expected to be rewarded with jobs once their candidate won the election.
4. The spoils system lasted until the passage of the Pendleton Act, in 1883, which inaugurates the fourth stage of the development of campaign finance. The Pendleton Act professionalized the Federal Civil Service, instituting an exam for entry into the service and outlawing the Spoils system. The result was that campaign funds from federal officeholders dried up, and politicians needed new sources of funds. The obvious sources were wealthy individuals and corporations. And oh boy did corporations jump into the breach. By the late 19th century, the government was giving grants of land and cash to corporations, and in return the corporations were generously funding political campaigns. In 1888 40%, of Republican national campaign funds came from Pennsylvania manufacturing and business interests. By 1904, 73% of Teddy Roosevelt's presidential campaign funds were raised from corporate contributions. (I take these numbers from Bradley Smith). The age of corporate funded campaigns was here, and it has never left.
5. Once he was elected, Teddy Roosevelt made it a priority to reform the broken campaign financing system that he had exploited so well. With his support, Congress passed the Tillman Act in 1907, which made illegal all campaign contributions from corporations. The Tillman Act opens the Fifth stage of the development of Campaign Finance Reform in the United States.
While the Tillman Act carried penalties for its violation, it instituted no enforcement mechanism. The result is that not much changed. To take only one legendary example, in 1968 and 1972 Clement Stone contributed up to $10 million to President Richard Nixon's Presidential campaigns. Stone's contributions caused a scandal that, together with the outrage over Watergate, led Congress to finally institute a serious attempt at campaign finance reform.
6. The key moment of modern campaign finance reform is the passage of the Federal Election Campaign Act (FECA) in 1974, and the Supreme Court's partial upholding and partial overturning of that law in Buckley v. Valeo in 1976. In the wake of Watergate and the loss of trust in government, the Congress passed FECA which: limited individual contributions to individual candidates to $1,000; limited the amount candidates could spend on a campaign; established a system of public financing of campaigns that required a voluntary limit on campaign expenditures; required that candidates, parties, PACs and groups engaging in express advocacy disclose their fund-raising and spending; and created the Federal Elections Commission, to regulate and enforce the new rules.
In a landmark decision that still controls all legal approaches to the regulation of campaign financing, the Supreme Court in Buckley v. Valeo upheld the disclosure requirement and the limits on individual contributions. It also upheld the limits on campaign spending when those limits were voluntary and in conjunction with the decision to accept public financing. But the Court struck down compulsory limits on spending both by individual candidates and by PACs and other groups. While the Court recognized that limits on campaign spending were a kind of censorship that limited the rights of people and corporations to speak about the most central political issues of the day, it also acknowledged "large contributions threaten the integrity of our system of representative democracy." Because large contributions, especially to individual candidates, at the very least appear to suggest a kind of quid pro quo corruption, the Court accepted that Congress has the right to censor such expressions of support. More general expenditures not given to or coordinated with a specific candidate were, the Court argued, not examples of the kind of corruption that would allow Congress to override the fundamental free speech interests of individuals and corporations who would want to influence the political debate. Thus, post-Buckley, the rule was: The Constitution limits censorship of political activity, political speech and political spending on campaigns. Any limit is censorship that violates the First Amendment. And yet the Court carved out One Narrow Exception: speech or activity that either is or gives the appearance of quid pro quo corruption could be regulated and banned.
In the aftermath of Buckley v. Valeo, money continued to pour into politics. Candidates and their supporters made use of "soft money," money given to political parties and other groups and thus not subject to the limits imposed on individual contributions to individual candidates. PACS began to bundle large sums of money that, while not individual contributions to candidates, nevertheless carried the tint of influence peddling. In the year 1993-94, the Democratic Party received $45 Million dollars in "soft money" and the Republic Party received $59 Million. By 1999-2000, the numbers were $92 Million and $244 Million respectively. In 2001-2002, the Democratic Party took in $200 Million and the Republicans $421 Million.
7. The failure of FECA to stem the tsunami of money in elections led Congress to try again, and in 2002 it passed the Bi-Partisan Campaign Reform Act (BCRA), also known as the McCain-Feingold Act—the seventh and until now final stage of the effort to regulate campaign finance in the United States. The main innovation of BRCA was to prohibit unlimited soft money contributions by corporations and unions. And it was this provision that was held to be unconstitutional by the Supreme Court in the now infamous case of Citizens United v. FEC.
The core of the Citizens United ruling was Justice Anthony Kennedy's argument that "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech." For Kennedy, "The censorship we now confront is vast in its reach." What he means is that the law bans all those corporations—including large multinationals and also small mom and pop stores and even non-profit corporations—from expressing their views about political candidates for either 30 or 60 days leading up to 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." Here Kennedy channels Felix Frankfurter, who in the 1941 case of U.S. v.s. Congress of Industrial Organizations, wrote:
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.
U.S. v. C.I.O. dealt with the anti-Union Smith Act, which forbade unions and corporations from using treasury funds to pay for politicking. In this regard, the Smith Act was very much like 2002 Bipartisan Campaign Reform Act. While the majority of the Court refused to consider the Constitutional Question and decided the case on narrow grounds, Frankfurter did. In his telling, the Court must take seriously the evil that Congress sought to address: namely, the corruption of elections and federal officials by the expenditure of large masses of aggregated wealth. And yet, Frankfurter saw that "the claimed evil is not one unmixed with good." The expression of corporate or union speech in elections is, he writes, a good thing! "The expression of bloc sentiment has always been an integral part of our democratic and legislative processes." Replace "Labor unions" with "corporations." That is what Kennedy did.
A few hundred people gathered at the capitol today as part of Occupy Congress. Why so few?
Last Fall Occupy Wall Street movement sprouted 2,779 chapters around the nation and captured the attention of the 1% as well as much of the 99%. In some ways, the movement has had an impact. A number of young people and even some older people tasted the sweet nectar of political action, and there are individuals and groups still energized to take on the debilitating as well as embarrassing income inequality and political corruption that is endangering our system of government.
These issues are now on the agenda. Just today the New York Times ran a front-page story on Mitt Romney being one of the 1%. Romney, tone-deaf as usual, characterized his $374,327 income from speaking fees as "not very much" money; this was his way of justifying paying only 15% of his income in taxes because his earnings are primarily from investments.
And yet, it is undeniable that the movement has fizzled. One hears almost nothing about Occupy Wall Street these days. A long-planned day of action Occupying Congress drew barely a few hundred souls.
Democratic politicians—not to mention Republicans— around the country are resisting increasing taxes on the highest earners. Accountability on Wall Street and in Washington for the crisis is a fantasy. And serious talk of reforming our campaign finance system is barely audible. What happened? Why did a movement that enraptured the nation just a few months ago fade so quickly? What is the fate of the promise to rejuvenate politics and bring real change?
It cannot simply be the weather (unseasonably warm anyway) that has frustrated the protests. Could it be the glimmer of economic recovery that has changed the focus from protest to profits? Possibly. But still, the alacrity with which the energy and spiritedness of the protests fled from public consciousness is shocking.
I can't but think the real reason for the disappearance is disillusionment and failure. A movement that swept the nation, changed the discourse, and empowered thousands has, in the end, accomplished almost nothing concrete. No laws changed. No new candidates or leaders emerged. And the major issues that galvanized the country—income inequality and political corruption—have seemingly faded from view. With few successes to point to, many of the protesters appear ready to move on. How could this be?
The Occupy Wall Street website still promises, "The Revolution Continues." But the worry about the future is palpable on the forum page titled:
Forum Post: What the fu** has happened to occupy wall st.
There, you can find the following post by Thrasymaque that has generated enormous response.
OWS was based on an idea that was/is needed in many Arab countries: a revolution. Because of this, OWS categorically refused to make demands. They wanted to topple the government, not work with it. Because US doesn't need a revolution and most people don't want one, the energy faded away with the coming of winter. Anarchism and communism have never been very strong in America. Their protest was never expected to last very long. Anarchists always destroy there (sic) own selves.
Thrasymaque gets much of this right. Too many in the movement insisted on rejecting all goals or ends. Some of those had the fantastic goal of overthrowing the government. Others did not know what they wanted. And some really were swept up in the process of trying to figure out what they wanted. There was joy in public action and the thrill of debate and engagement. Much was beautiful and spontaneous. But the fact is that without a concrete goal and without leaders to mold and guide the passions of the people, the movement fizzled.
For those of us who hoped that Occupy Wall Street might rise to the moment and produce a leader or leaders to fill the dangerous vacuum in leadership in this country, the insistence on a leaderless revolution was a huge mistake; so too was the rejection of all issues or goals. The result is that we have seemingly squandered a movement of incredible power and promise.
The real problems we face as a country—the corruption of our political process, the decimation of the middle class, and the malaise of decline—persist. The establishment in Washington and Wall Street breathe a sigh of relief and seem more set in their ways then ever. Congress is paralyzed. Meanwhile, the wheels of finance are turning again. The failure of a popular movement that might have challenged the status quo has left those in power more secure in their privileges. From the winds of change, it seems we have settled into a desert of despair.
In my first post on Occupy Wall Street back on Oct. 5th, I quoted Hannah Arendt's reflection on the Student Protests of the 1960s:
This situation need not lead to a revolution. For one thing, it can end in counterrevolution, the establishment of dictatorships, and, for another, it can end in total anticlimax: it need not lead to anything. No one alive today knows anything about a coming revolution: 'the principle of Hope' (Ernst Bloch) certainly gives no sort of guarantee. At the moment one prerequisite for a coming revolution is lacking: a group of real revolutionaries.
The reason that a revolutionary moment will succeed or fail to turn into a real transformation is the lack of real revolutionaries; revolutionaries, Arendt writes, are people who face the reality of the present and think deeply about meaningful responses and alternatives.
I asked then: "Is there a serious and thoughtful confrontation with reality that underlies Occupy Wall Street?"
I asked from a position of hope. I fear that the answer, at least so far must be no. We are closer now to counterrevolution than revolution, but most plainly we face anticlimax. Most palpably, in the year of one of the most consequent elections in our nations history, we are missing a leader, a voice, that offers a meaningful and powerful agenda for change, let alone a revolution.
We must ask ourselves: Why is it that this crisis, and this movement, failed to produced revolutionaries?
Just yesterday Republican Candidate and former Speaker of the House Newt Gingrich began running a television ad called "Timid or Bold." The point is to contrast his own apparently bold leadership with Former Massachusetts Governor Mitt Romney's supposedly timid style—a style and substance the ad compares with that of Barack Obama. Only Gingrich, so the ad implies, has the courage and daring to take the steps need to right the ship of state.
Whatever one makes of their diverse policies, the spat between Gingrich and Romney highlights a basic ambivalence about leadership in modern politics. On the one hand, we crave a bold and brash leader—look at the groundswell of support for first Hermann Cain, then Newt Gingrich, and then Ron Paul. On the other hand, we are quick to abandon such leaders as soon as their foibles, eccentricities, infidelities, and crimes are brought into the light of day. We demand of leaders today a moral probity that would have toppled giants like Thomas Jefferson, John F. Kennedy, and Martin Luther King Jr. This is of course not to compare the current Republican candidates to these leaders, but merely to point out that there is today a deep desire for a leader who can break out of the mold of technocratic political hack and, at the same time, a fear of those who shoot from the hip, take chances, and make mistakes.
The political consultant and pollster Frank Luntz writes that,
Successful leaders establish [their] persona not by describing their attributes and values to us, but by simply living them.
Leaders are like "superstars," those who connect viscerally with their people. They do so, via authenticity. Leaders must be unhesitating, direct, and assured. They must "show" their decisiveness, and not simply tell it. The best politicians are "always true to themselves." As Luntz puts it, "You cannot get away with acting in politics for too long."
Luntz is right, which is why what he says so terrifies me. For as we demand of our politicians ever more authentic leadership at the very moment when the politicians themselves have retreated behind the opacity of spin, counter-spin, and double-speak. At no time have politicians been such consummate actors; or, at the very least, at no other time have they been so clearly seen to be so. We live in a moment of unparalleled transparency coupled with an unspeakable fear of revelation. The result is that the American people vacillate between an impossible hope for a political superstar and the unyielding despair that such leadership is no longer possible.
Few people have thought so deeply about the activity of politics as Hannah Arendt. One who did, however, was Max Weber. In 1918 Weber delivered his lecture "Politics as a Vocation" at the invitation of a group of radicalized students. Weber's lecture famously draws a distinction between two motives of political leadership, an ethic conviction and an ethic of responsibility.
Weber’s ethic of responsibility holds that while a responsible politician takes both ends and means into account, he must be willing to employ violence to fight for the good. On the other hand, Weber’s ethic of conviction is best exemplified by religious actors: “A Christian does what is right and leaves the outcome to God.” With Thoreau, the adherent of the ethics of conviction says: let the world be damned so long as I am saved. Fiat Justitia, pereat mundus. It is just such an absolutist ethic of conviction that Arendt condemns in her essay Truth and Politics.
Weber affirms the necessary opposition between these two ethics. “It is not possible,” he writes, “to reconcile an ethics of conviction with an ethics of responsibility.” Nevertheless, after twice reaffirming the fundamental antagonism between the two ethics, Weber qualifies his distinction. While politicians must act responsibly according to the rational dictates of the head, there is as well a need for heartfelt conviction. Weber remains skeptical of political appeals to the heart; most politicians who do so are sentimental and manipulative “windbags. And yet, Weber writes:
I find it immeasurably moving when a mature human being—whether young or old in actual years is immaterial—who feels the responsibility he bears for the consequences of his own actions with his entire soul and who acts in harmony with an ethics of responsibility reaches the point where he says, ‘Here I stand, I can do no other.’
When a responsible politician, aware of the consequences of his actions, decides to rationally take an unbending stand, then, Weber argues, he acts both as a politician and as a human being. Such an act “is authentically human and cannot fail to move us.” There is, in the action of a fully human politician, the recognition of the tragic nature of political action. The politician takes his ethical stand fully aware of the foreseeable and even the potentially unforeseeable consequences that may follow. In this sense, then, “an ethics of conviction and an ethics of responsibility are not absolute antitheses but are mutually complementary, and only when taken together do they constitute the authentic human being who is capable of having a ‘vocation for politics.’”
The point is that politics is a difficult calling, one that requires both mature responsibility and also brash and bold decisiveness—and also the judgment to know when each is called for. And at certain times, any great politician must be willing to throw away success and popularity for a cause he believes in. Thus:
Only he has the calling for politics who is sure that he shall not crumble when the world from his point of view is too stupid or too base for what he wants to offer. Only he who in the face of all this can say ‘In spite of all!’ has the calling for politics.
Which brings us to my favorite lines from the end of Politics as a Vocation:
Politics is a strong and slow boring of hard boards. [A]ll historical experience confirms the truth—that man would not have attained the possible unless time and again he had reached for the impossible. But to do that a man must be a leader, and not only a leader but a hero as well, in a very sober sense of the word.
We would do well to have some politicians meditate on Weber's account of the political calling. But if they won't, you should. Weber's essay is here for you to read over this first weekend of this critical election year.