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.
Looking for scandal, the press is focusing on the apparent conflict between Chief Justice John Roberts and Justice Sonia Sotomayor. But the case of Schuette v. Coalition to Defend Affirmative Action is more important than the scandal. It raises fundamental questions about the democracy, race and the constitution. Sonia Sotomayor, in her dissent, writes: "And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man's view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman's sense of self when she states her hometown, and then is pressed, 'No, where are you really from?', regardless of how many generations her family has been in the country. Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'" John Roberts, in his concurring opinion, responds: "The dissent states that "[t]he way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race." And it urges that "[r]ace matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'" But it is not "out of touch with reality" to conclude that racial preferences may themselves have the debilitating effect of reinforcing precisely that doubt, and-if so-that the preferences do more harm than good. To disagree with the dissent's views on the costs and benefits of racial preferences is not to "wish away, rather than confront" racial inequality. People can disagree in good faith on this issue, but it similarly does more harm than good to question the openness and candor of those on either side of the debate. Both opinions are worth reading. And read more about them in The Weekend Read.
Pope Francis I has declared two prior popes Saints. One is well known, Pope John Paul II. But Pope John XXIII is perhaps forgotten by many. As NPR reports, "John XXIII, also known as 'Good Pope John,' was nearly 77 at his coronation and, because of his advanced age, was widely regarded as a 'stopgap' pope who wasn't going to make waves. Instead, he called the Vatican II Council, which promulgated one of the most far-reaching and controversial reforms in the Roman Catholic Church's history." John XXIII also published a little book Journal of a Soul, which Hannah Arendt reviewed for the New York Review of Books. For the Jewish thinker, Good Pope John is a Christian Pope, one of the few. Arendt tells of a "Roman chambermaid" in a hotel who asked her, in all innocence: "Madam," she said, "this Pope was a real Christian. How could that be? And how could it happen that a true Christian would sit on St. Peter's chair? Didn't he first have to be appointed Bishop, and Archbishop, and Cardinal, until he finally was elected to be Pope? Had nobody been aware of who he was?" Arendt had a simple answer for the maid. "No." She writes that Pope John was largely unknown upon his selection and arrived as an outsider. He was, in the words of her title, a true Christian living in the spirit of Jesus Christ. In a sense, this was so surprising in the midst of the 20th century that no one had imagined it to be possible, and the Good Pope John was selected without anyone knowing who he was. On the day of Pope John XXIII's Sainthood, it is worth revisiting Arendt's full review.
Taking Hannah Arendt's quote, "There are no dangerous thoughts; thinking itself is dangerous," as its starting point, the Canadian Public Radio show Ideas with Paul Kennedy explores Hannah Arendt's Eichmann in Jerusalem. The program features Roger Berkowitz, Adam Gopnik, Adam Kirsch, and Rivka Galchen. The conversation was heated at times, but overall offers a good account of Arendt's book, her thoughts on thinking, and the reason her thought matters. Take some time to listen to program.
Patricia Lockwood, at the Poetry Foundation blog, seems to be tired of being asked if poetry is work: "IS it work, though? The question persists. Is a single muscle exerted during the process? Do you sweat at all, besides the weird thing that sometimes happens under your right arm because you haven't lifted it up for 8 hours? Do you get to retire after you work at it faithfully for 50 years? The answers are no, no, and no. Can anyone fire a poet? Only Death can fire a poet." She is, of course, making a joke. For Arendt, though, poetry, and art more generally, is in fact work. Indeed, making art may be the last vestige of work in a world where the primary activity of life has become the repetitive, never ending, activity of consumption, in which nothing is left behind and all labor seeks only to further the process of consumption. Poetry, and painting, and art are outliers in the modern world to the extent they leave something behind and resist the process of consumption.
"So far, the year 2014 has been a tumultuous one, as geopolitical rivalries have stormed back to center stage. Whether it is Russian forces seizing Crimea, China making aggressive claims in its coastal waters, Japan responding with an increasingly assertive strategy of its own, or Iran trying to use its alliances with Syria and Hezbollah to dominate the Middle East, old-fashioned power plays are back in international relations." Walter Russell Mead believes that geopolitics, never really gone, is back for good: "Westerners should never have expected old-fashioned geopolitics to go away. They did so only because they fundamentally misread what the collapse of the Soviet Union meant: the ideological triumph of liberal capitalist democracy over communism, not the obsolescence of hard power. China, Iran, and Russia never bought into the geopolitical settlement that followed the Cold War, and they are making increasingly forceful attempts to overturn it. That process will not be peaceful, and whether or not the revisionists succeed, their efforts have already shaken the balance of power and changed the dynamics of international politics.
On the occasion of the publication of a biography of the author, Hermione Lee describes what John Updike was up to: "As he said of himself... he is the artist of middleness, ordinariness, in-betweenness, who famously wanted 'to give the mundane its beautiful due.' For over half a century-even though his own life moved far away from 'middleness';-he transformed everyday America into lavishly eloquent and observant language. This-even more than his virtuoso writing about sex, his close readings of adultery and husbandly guilt, his tracking of American social politics, his philosophizing on time and the universe-is his great signature tune. No wonder that some of the narrators in his stories are archaeologists, or that he's so interested in vanished cities, ancient civilizations, and extinct species."
On the 450th birthday of William Shakespeare, Bob Duggan remembers that what are understood as his great contributions now were not his most well known plays during his life: "During Shakespeare's own lifetime he was known best as the "honey-tongued" poet of such works as Venus and Adonis and The Rape of Lucrece, in which he used classical and ancient characters to his own artistic purposes as well as practical purposes of making money during the plague-forced theater closures of 1593-1594. Readers literally read published copies of these works to pieces, making surviving copies extremely rare today. People went to see the plays, of course, but the emphasis of the theaters was on making money as much as making art."
Eric Hoover, in an essay about the ways that colleges and universities may begin to evaluate students, describes one measure designed to quantify the information in a recommendation: "Motivated by such findings, the Educational Training Service developed an online rating tool called the Personal Potential Index. Designed to quantify what's conveyed in a recommendation, it asks past instructors to rate students on a five-point scale in six categories: communication skills, ethics and integrity, knowledge and creativity, planning and organization, resilience, and teamwork. To gauge resilience, for instance, respondents are asked to what extent a student 'accepts feedback without getting defensive; works well under stress; can overcome challenges and setbacks; works extremely hard'. Recommenders can type in comments to elaborate on their ratings, if they choose." Adding comments, of course, is not the same thing as real qualitative assessment; perhaps, instead of attempting to replace the tests, institutions of higher education should abandon that requirement altogether, and instead evaluate students as students, rather than as data.
This week on the blog we revisit Tracy Strong’s Quote of the Week on “Thinking Without Bannisters.” And in the Weekend Read, Roger Berkowitz looks at the relation of race, democracy, and the constitution in Schuette decision.
Looking for scandal, the press is focusing on the apparent conflict between Chief Justice John Roberts and Justice Sonia Sotomayor. The controversy began seven years ago before Sotomayor was on the Court, when Roberts wrote, in a decision invalidating a race-based busing program in Seattle, “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This week, in a dissent Sotomayor chose to read aloud from the Supreme Court bench, she scolded Roberts:
"In my colleagues’ view, examining the racial impact of legislation only perpetuates racial discrimination. This refusal to accept the stark reality that race matters is regrettable. The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination. As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter."
Sotomayor’s point is that race matters in ways that her colleagues, including Roberts, apparently do not understand. She is right; race does matter, and it matters in ways that are difficult to perceive and comprehend. Among the pages of historical, legal, and everyday examples she offers, there are these reflections on the small but persistent present reality of race in America:
“And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man’s view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman’s sense of self when she states her hometown, and then is pressed, 'No, where are you really from?', regardless of how many generations her family has been in the country. Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'”
Roberts responded in a separate concurring opinion, defending himself against the charge of racial insensitivity. It is not and he is not out of touch with reality, he argues, to disagree about the use of racial preferences in responding to the reality of race in 21st century America. He too is right.
"The dissent states that '[t]he way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race.' And it urges that '[r]ace matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: "I do not belong here.'" But it is not 'out of touch with reality' to conclude that racial preferences may themselves have the debilitating effect of reinforcing precisely that doubt, and—if so—that the preferences do more harm than good. To disagree with the dissent’s views on the costs and benefits of racial preferences is not to 'wish away, rather than confront' racial inequality. People can disagree in good faith on this issue, but it similarly does more harm than good to question the openness and candor of those on either side of the debate."
The background of these supremely intemperate contretemps is a decision in Schuette v. Coalition to Defend Affirmative Action in which the Court, in an opinion written by Justice Kennedy, upheld a Michigan Constitutional provision (recently amended through a ballot initiative) prohibiting race-based affirmative action in public universities.
As both Justice Kennedy’s controlling opinion and Justice Breyer’s concurring opinion make clear, the decision does not at all address the constitutionality of race-based affirmative action programs themselves. While in recent years the Supreme Court has shown skepticism about race-based affirmative action, it has consistently allowed such programs as long as they are tailored to achieve a legitimate state purpose understood as diversity in educational institutions. Nothing in Schuette changes that.
At the same time, Schuette does give constitutional blessing to states that democratically choose not to use race-based affirmative action. Already a number of states (including Blue states like California and swing states like Florida) have passed voter initiatives banning such race-based preferences. Racial preferences are not popular. In Michigan, a state that has voted democratic in the last five presidential elections, the anti-affirmative action ballot proposal passed by a margin of 58 percent to 42 percent. For this reason, Schuette is rightly seen as another nail in the coffin of race-based affirmative action programs.
Support for race-based affirmative action is dwindling, hence the impassioned and at times angry dissent by Justice Sotomayor. Even if the Court does not further limit the ability of states to practice race-based affirmative action, more and more states—which means the people of the United States—are choosing not to.
This, by the way, does not mean a return to segregated education although it will likely mean, at least in the short term, fewer African Americans at public universities in Michigan. To choose not to allow race-based preferences opens the door to other experiments with promoting diversity in education. For example, universities in Michigan and California can seek to give preference to students from poor and socio-economically disadvantaged zip codes. Depending on the connection between race and poverty in a given state, such an approach to diversity may or may not lead to racial diversity on campus, but it will very likely lead to increased and meaningful diversity insofar as students from meaningfully different pasts and with uniquely divergent life experiences would be in school together. It is at least arguable that such an approach would lead to greater diversity than many race-based preference programs that end up recruiting a small group of upper class minorities.
As a legal matter, Schuette concerned two different understandings of freedom. On the one hand, as Justice Kennedy writes, “The freedom secured by the Constitution consists, in one of its essential dimensions, of the right of the individual not to be injured by the unlawful exercise of governmental power.” Understood as individual rights, freedom means the right to attend desegregated schools, the right to be free from unreasonable searches and seizures, and the right to meaningful dissent.
But freedom, Kennedy continues, “does not stop with individual rights.” There is another understanding of freedom, which may be called the freedom to participate in self-government:
"Our constitutional system embraces, too, the right of citizens to debate so they can learn and decide and then, through the political process, act in concert to try to shape the course of their own times and the course of a nation that must strive always to make freedom ever greater and more secure. Here Michigan voters acted in concert and statewide to seek consensus and adopt a policy on a difficult subject against a historical background of race in America that has been a source of tragedy and persisting injustice. That history demands that we continue to learn, to listen, and to remain open to new approaches if we are to aspire always to a constitutional order in which all persons are treated with fairness and equal dignity. Were the Court to rule that the question addressed by Michigan voters is too sensitive or complex to be within the grasp of the electorate; or that the policies at issue remain too delicate to be resolved save by university officials or faculties, acting at some remove from immediate public scrutiny and control; or that these matters are so arcane that the electorate’s power must be limited because the people cannot prudently exercise that power even after a full debate, that holding would be an unprecedented restriction on the exercise of a fundamental right held not just by one person but by all in common. It is the right to speak and debate and learn and then, as a matter of political will, to act through a lawful electoral process."
Both individual freedom and political freedom are important. Both are at the core of American understandings of free, democratic, constitutional government. The point is that these freedoms must be balanced. In this case, the balance swung in favor of political freedom. Here is Justice Breyer’s argument from his concurring opinion:
“The Constitution allows local, state, and national communities to adopt narrowly tailored race-conscious programs designed to bring about greater inclusion and diversity. But the Constitution foresees the ballot box, not the courts, as the normal instrument for resolving differences and debates about the merits of these programs. In short, the 'Constitution creates a democratic political system through which the people themselves must together find answers' to disagreements of this kind.”
For Sotomayor and those who agree with her, the claim is that the reality of racism historically and presently threatens the integrity of the political process. The problem with Sotomayor’s argument is that it is not at all clear that racial inequality today is the primary factor threatening the integrity of our political system. On the contrary, while it is incontrovertible that race matters, other facts, like class or income, may matter more.
To think seriously about race in American is hard. Very hard. As Walter Russell Mead writes, in discussing these questions,
“There’s a basic point that should not be forgotten in dealing with anything touching on race: The place of African Americans in the United States is a uniquely difficult and charged question. The history of slavery, segregation and entrenched racism in the United States cannot be denied and should not be minimized. The effects of this history are still very much with us today, and while the overwhelming majority of Americans repudiate racist ideologies and beliefs, the continuing presence of racist ideas, prejudices and emotions in this country is a reality that policy makers and people of good will cannot and should not ignore. It is naive to think otherwise, and any look at how our system works and any thoughts about whether it works fairly have to include a serious and honest reflection on the fading but real potency of race.”
Mead raises a difficult question, which is whether race is really the best way to think about inequality in 21st century America. He argues for status based public policy programs to replace race-based programs:
“Ultimately, this is why status-based forms of affirmative action seem better than race based ones. President Obama’s kids don’t need any special help in getting into college, but there are many kids of all races and ethnic groups who have demonstrated unusual talent and grit by achieving in difficult circumstances. Kids who go to terrible schools, who overcome economic disadvantages, who are the first in their family to complete high school, or who grow up in neighborhoods that are socially distressed can and should be treated with the respect their achievements warrant.”
Should President Obama’s children benefit from race-based preference programs? Clearly the answer is no. But note, this does not mean that his children will not suffer from racism. Mead knows this and says so. Indeed, it is likely they will, over the course of their lives, find themselves in situations where they are looked at askance, avoided, singled out, discriminated against, and also privileged on account of their races. Race matters, undoubtedly, in complicated but overwhelmingly in damaging and at times degrading ways. Responding to the reality of race in our society is absolutely necessary.
It is not at all clear that race-based preferences in college admission are the best way to respond to the reality of race in the 21st century. Some states believe such race-based preferences are necessary. Other states, including Michigan, California, and Florida, have concluded they are not. Deciding that preferential admissions to universities on the basis of race is impermissible is not unconstitutional. That is the correct decision the Court made this week.
That does not mean, of course, that we shouldn’t try to address both racial and class discrimination in higher education. There are many ways to address the damaging impact of racial as well as economic inequality in our society—some maybe better than race-based preferences. For one, schools could institute truly need-blind admissions and decide to give preference to applicants who come from poor or disadvantaged backgrounds. While many of the poorest and most disadvantaged children in our society are white and from rural backgrounds, many others are racial minorities. Both would benefit from such an approach, which would be infinitely more just than a simple preference based on skin color.
Even better would be a serious commitment to affirmatively act to improve our shamefully underfunded and under-achieving high schools. Especially in poorer areas where rural and urban poverty crush the hopes and dreams of young people, our public schools are too-often disastrous. These schools, however, are free and the four years students spend in them are frequently wasted. If we could somehow figure out how to make high school a meaningful experience for millions of low-income children, that would be the single best way to help disadvantaged children around the country, both minority and white. That would be a truly meaningful form of affirmative action.
Over the last 50 years race has replaced class as the primary way that people on the left have perceived the injustices of the world. During that time poverty did not disappear as a problem, but it was hidden behind concerns of race and at times of gender. A whole generation of activists and politicians have grown up and worked in an era in which the problems of the nation were seen through a racial lens. There were good reasons for this shift and the results have been important and phenomenal. Yes, race still matters today, but nowhere to the extent it did 50 years ago.
Poverty, on the other end, matters ever more. With rising inequality and with the welldocumented problems of the middle classes (let alone the overlooked lower classes), we are slowly seeing a shift away from race and towards class as the dominant lens for thinking about equality and inequality in the country. This is as it should be. It is time to begin thinking more about advocating for real class diversity in colleges and public institutions; that doesn’t mean race as a problem has gone away, but it does mean that in the early 21st century, poverty trumps race as the true scourge of our public life.
The opinions in Schuette v. Coalition to Defend Affirmative Action are well worth reading in full, especially those by Justices Breyer and Sotomayor. They are your weekend read. You can download a PDF of the opinion here.
The jury trial is, as Alexis de Tocqueville understood, one essential incubator of American democracy. The jury trial is the only space in which most people will ever be forced to sit in judgment of their fellow citizens and declare them innocent or guilty; or, in a civil trial, to judge whether one party’s wrong requires compensation. The experience of being a juror, Tocqueville saw, inculcates in all citizens the habits of mind of the judge; it “spreads to all classes respect for the thing judged and the idea of right.” Juries, he wrote, are “one of the most efficacious means society can make use of for the education of the people.”
If the experience of sitting in judgment as a juror is a bulwark of our democratic freedoms, we should be worried. As Albert W. Dzur writes, the jury trial, once the “standard way Americans handled criminal cases,” is now largely absent from the legal system. The jury trial “has been supplanted by plea agreements, settlements, summary judgments, and other non-trial forums that are usually more efficient and cost-effective in the short term. In addition to cost and efficiency, justice officials worry about juror competence in the face of scientific and technical evidence and expert testimony, further diminishing the opportunity for everyday people to serve.”
Dzur offers a clear case for the disappearance of the jury trial:
[J]uries in the United States today hear a small fraction of cases. In 2005 the Bureau of Justice Statistics reported that juries heard 4 percent of all alleged criminal offenses brought before federal courts. State courts match this trend. Legal scholars Brian J. Ostrom, Shauna M. Strickland, and Paula L. Hannaford-Agor discovered a 15 percent decline in total criminal jury trials in state courts over the last 30 years, compared with a 10 percent decline in criminal bench trials, in which a judge issues the verdict. They also found a 44 percent decline in civil jury trials compared with a 21 percent decline in civil bench trials.
So what does the retreat of Jury trials signify? For Dzur, the answer is that the jury system is an important part of our justice system because it performs a “constructive moral function,” by which he means that juries “force widespread sobriety about the real world of law and order.” Juries can challenge “official and lay attitudes regarding the law. This sobering quality of juries is particularly needed now.” Here is how Dzur characterizes more fully the “sobering quality of juries”:
A juror treats human beings attentively even while embedded within an institution that privileges rationalized procedures. Not advocates, prosecutors, or judges, jurors are independent of court processes and organizational norms while also being charged with judicial responsibility of the highest order. Their presence helps close the social distance between the parties and the court. The juror, who contributes to what is a political, juridical, and moral decision, becomes attuned to others in a way that triggers responsibility for them. Burns notes how jurors’ “intense encounter with the evidence” helps them engage in self-criticism of the “overgeneralized scripts” about crime and criminal offenders they may have brought with them into the courtroom.
In other words, juries are institutional spaces where citizens have the time to attentively consider fundamental moral and legal questions outside of the limelight and sequestered from public opinion, government pressure, and the media circus. Since juries are the institutions where we practice moral judgment, Dzur argues that the loss of juries means that “we are out of practice. Lay citizens no longer have opportunities to play decisive roles in our justice system.”
The recent jury decision in the George Zimmerman case is an example of a jury resisting popular calls for guilt and making a sober judgment that the facts of the case were simply not proven beyond a reasonable doubt. Juries can also resist the government, as might happen if Edward Snowden would return to the United States and put himself on trial before a jury. Such a jury could, and very well might, exonerate Snowden, exercising its fundamental right of jury nullification in the interest of justice. Snowden’s refusal to return is, in some part, a result of the diminished practice of moral judgment reflected in the diminishment of the jury.
Jury judgments are at times surprising and can, in extraordinary cases, go against the letter of the law. But the unpredictability of jury verdicts makes them neither irrational nor thoughtless. They are often intolerant and unfair, but this makes them neither racist nor unjust. Amidst the unquestioned hatred of all discrimination, we have forgotten that discrimination, the art of making relevant distinctions, is actually the root of judging. In our passion for rationality and fairness, we sacrifice judgment, and with judgment, we abandon our sense of justice.
What acts of judgment exemplified by juries offer are an ideal of justice beyond the law. Plato called it the idea of the good. Kant named it the categorical imperative. Arendt thought that judgment appealed to common sense, “that sense which fits us into a community with others.” What all three understood is that if morality and a life lived together with others is to persist, we need judgments that would invoke and actualize that common moral sense, that would keep alive the sense of justice.
For your weekend read, take a look at Dzur’s report on the loss of the juries. Also, you might revisit my own essay on this theme, “Why We Must Judge,” originally published in Democracy: A Journal of Ideas.
The re-election of Barack Obama is a milestone. Barack Obama will always be remembered as the first black President of the United States. He will now also be remembered as the first black two-term President, one who was re-elected in spite of nearly 8% unemployment and a feeling of deep unease in society. He is the black President who was re-elected because he seemed, to most Americans, more presidential, more trustworthy, and more likable than his opponent—a white, Mormon, representative of the business elite. Whatever you want to say about this election, it is difficult to deny that the racial politics of the United States have now changed.
President Obama's re-election victory and his distinguished service have made the country a better place. The dream of America as a land of equality and the dream that our people will not be judged by the color of their skin but by the content of their character—these dreams, while not realized, are closer to being realized today because of Barack Obama's presidency and his re-election.
There are some who don't see it that way. There is a map going around comparing the 2012 electoral college vote to the civil war map. It is striking, and it shows with pictorial clarity, that the Republic strongholds today are nearly identically matched with the states of the Confederacy 150 years ago. For some, this is an indictment not only of the Republican Party, but also of the United States. The argument made on Facebook and beyond is that the country is still deeply divided racially; that this election brought out the deep-seated racism underlying the country.
There is also the fact that Twitter apparently was awash in profoundly racist commentary after the election. According to the blog Floating Sheep, the worst of the racist commentary was concentrated in states that Mitt Romney won. Mississippi and Alabama were the states with the largest number of racist tweets on election night.
This could be evidence of a real racial problem. But I don't see it that way. Of course there are some people who are less trusting of a black President. But around the country, voters approved gay marriage, Latinos voted in record numbers, women swept into office, and we re-elected a black President to a second term. To see this election as a confirmation of racist intransigence is overly pessimistic.
Yes, Mitt Romney won the white vote, but he received 59% of the white vote; not exactly a landslide given that the country has real problems. Among white voters over 65, Romney received 61% of the vote. But among white voters under 29, he received only 51% of the vote, a sure sign of things to come. And the white vote was only 72% of the national vote, a record low. As David Simon writes in "Barack Obama and the Death of Normal":
The country is changing. And this may be the last election in which anyone but a fool tries to play — on a national level, at least — the cards of racial exclusion, of immigrant fear, of the patronization of women and hegemony over their bodies, of self-righteous discrimination against homosexuals. ... This election marks a moment in which the racial and social hierarchy of America is upended forever. No longer will it mean more politically to be a white male than to be anything else. Evolve, or don’t. Swallow your resentments, or don’t. But the votes are going to be counted, more of them with each election. Arizona will soon be in play. And in a few cycles, even Texas. And those wishing to hold national office in these United States will find it increasingly useless to argue for normal, to attempt to play one minority against each other, to turn pluralities against the feared “other” of gays, or blacks, or immigrants, or, incredibly in this election cycle, our very wives and lovers and daughters, fellow citizens who demand to control their own bodies.
This is all good news.
And yet, we should not celebrate too loudly. Race still matters in these United States. How it does and why is changing, and will continue to change.
Amidst the progress, one fact remains stubbornly true: black Americans still lag behind white Americans in metrics of education, employment, income, and success. Nearly 5% of black men are in prison in the United States, compared to 1.8% of Hispanic men and .7% of white men.
More than 70% of babies born to black mothers are born out-of-wedlock. When looked at honestly, the problem with race in this country remains stark. It is too big a problem to be swept under the carpet.
And yet that is what is happening. The Obama Presidency has not been kind to blacks. Here is how Frederick C. Harris puts it in the New York Times before the election:
[F]or those who had seen in President Obama’s election the culmination of four centuries of black hopes and aspirations and the realization of the Rev. Dr. Martin Luther King Jr.’s vision of a “beloved community,” the last four years must be reckoned a disappointment. Whether it ends in 2013 or 2017, the Obama presidency has already marked the decline, rather than the pinnacle, of a political vision centered on challenging racial inequality. The tragedy is that black elites — from intellectuals and civil rights leaders to politicians and clergy members — have acquiesced to this decline, seeing it as the necessary price for the pride and satisfaction of having a black family in the White House.
Walter Russell Mead makes a similar point in a rich essay published in The American Interest over the summer. He writes:
Many hoped that the election of the first African-American President of the United States meant a decisive turn in the long and troubled history of race relations in the United States. And indeed President Obama’s election was a signal success for the American racial settlement of the 1970s. But at the moment of its greatest success, that settlement—call it the Compromise of 1977—was beginning to unravel, as evidenced by the fact that President Obama’s nearly four years in office to date have witnessed decades of economic progress and rising political power in black America shifting into reverse.
The housing bubble and its crash have disproportionately impacted black and Latino Americans, who most recently achieved the dream of home ownership. And the loss of jobs in manufacturing and public unions have disproportionately impacted blacks, since these were important routes through which black Americans have entered the middle class. The results for blacks in this country are harrowing. As Mead reports:
Black unemployment under President Obama hit 16.2 percent (June 2011). The median net worth of black households collapsed, falling by 59 percent between 2005 and 2010, wiping out twenty years of progress and plunging to levels not seen since Ronald Reagan’s first term. By comparison, the net worth of white households only fell by 18 percent from 2005 to 2010. The gap between black and white net worth doubled during the Great Recession, and the “wealth gap” between the races rose; the median white household had 22 times the net worth of the median black household. Moreover, the damage to black prospects will not soon be repaired. Indeed, if we now (as seems likely) face a prolonged period of austerity and restructuring in government, there will be fewer job openings and stagnant or falling wages and benefits in the middle-class occupations where blacks have enjoyed the greatest success.
What is more, those national statistics like unemployment, exclude inmates in our nation's penitentiaries. Were we to add the 5% of black men in prison into those cumulative statistics, the situation would look even more perilous.
Mead's essay, The Last Compromise, is essential reading. He argues that race relations in America are marked by three main historical compromises. The first compromise, in 1787, is well known. Including the counting of slaves as three fifths of a citizen and the granting of slave states equal representation in the Senate, this original compromise allowed the country to emerge as a democracy without dealing with the obvious scar of slavery.
The Civil War led to what Mead calls the second major compromise on Race that moved the nation forward without actually granting rights to blacks. In the compromise of 1877,
the white South accepted the results of the Civil War, acknowledging that slavery, secession and the quest for sectional equality were all at an end. The South would live peacefully and ultimately patriotically in a union dominated by Northern capitalists. White Southerners might complain about Northern banks and plutocrats (and they did for decades), but they would not take up arms. For its part, the North agreed to ignore some inconvenient constitutional amendments of the Reconstruction period, allowing each Southern state to manage race relations as its white voters saw fit. In particular, the North allowed the South to deny blacks the vote while counting them for representational purposes.
As Mead writes, this compromise was a disaster for blacks. And yet, there was some progress. Denied the vote and made second-class citizens in much of the country, and faced with continued violence and oppression, blacks could, nevertheless, work to create a small and thriving middle class.
The compromise of 1877 last about 100 years until, in the midst of the Civil Rights Movement, a new compromise emerged. This compromise of 1977 brought with it desegregation of public institutions, affirmative action, the entry of blacks into government and civil service, voting rights, and the chance for success. But it came with a dark side. As Mead summarizes:
At its core, the compromise offered blacks unprecedented economic opportunity and social equality, but it also allowed for the stern and unrelenting repression of inner-city lawlessness and crime. Blacks who were ready, willing and able to participate in the American system found an open door and a favoring wind; blacks who for whatever reason were unable or unwilling to “play by the rules” faced long terms in prisons where gang violence and rape were routine.
The election of President Obama shows the promise and the limits of our current state of race relations. On the one hand, black Americans in the middle and upper classes live in a society that if it is not color blind, is at least open to success, entrepreneurship, and leadership by black Americans. On the other hand, the misery of the black poor continues, largely invisible. This is not simply a racial matter, since it is poverty in general, and not only black poverty, that is ignored. There are many impoverished white people. But it would be dishonest to deny the racial components of poverty.
The 2012 election is a milestone. It proves that 2008 was not a fluke, and it shows that most of the United States will vote for the candidate they feel is better, no matter that candidate's race. This is an enormous achievement and one to celebrate. In many ways the future looks bright. But that is no excuse to refuse an honest confrontation of the problems many black Americans continue to have. President Obama has largely avoided the issue of race, for obvious reasons. It is time to insist that we bring the issue to light.
One good way to begin is to read The Last Compromise by Walter Russell Mead. It is well worth the price of subscription to The American Interest. It is your weekend read.
How do our understandings of democracy shape how we imagine racial equality and the means by which it might be achieved? That was the question posed by Maribel Morey at the most recent lunchtime talk at the Arendt Center. Morey is currently a fellow at the New York University School of Law, and she has recently completed her dissertation in the Department of History at Princeton University. Building upon her research on the Swedish economist and social theorist Gunnar Myrdal, Morey offered an incisive comparative reading of Myrdal’s book An American Dilemma (1944) and Hannah Arendt’s essay “Reflections on Little Rock” (1959).
As became evident in the course of her talk, these texts posit different visions of democracy in the U.S., and they come to different conclusions about a central feature of the civil rights era: the federally enforced integration of public schools in the segregated South.
Myrdal was a strong advocate of such government intervention. In his argument, the premises and principles of American democracy effectively demand the racial integration of schools and other institutions, and it is legitimate for the federal government to enforce such integration for the sake of America’s ongoing democratic life. This position insists that education constitutes a crucial public resource provided by the state, and it proposes that inequitable access to this resource limits individual and collective participation in the political realm. Indeed, Myrdal goes even further by contending that discrimination and segregation violate the very “American creed”—the liberal commitment to equality and fair treatment—that makes national co-existence possible. Since its initial publication, Myrdal’s position has exerted a deep influence on U.S. public discourse: it played a key role in civil rights activism in the 1950s and ‘60s, and it figured prominently in the Supreme Court’s Brown vs. Board of Education decision.
Arendt was also committed to the project of political equality in the U.S., but she parts ways with Myrdal by sharply questioning the legitimacy of federally enforced integration. On the one hand, she objects to this form of intervention because it “burden[s] children, black and white, with the working out of a problem which adults for generations have confessed themselves unable to solve”. Government-mandated integration thereby inserts young people into a political struggle for which they are not prepared and to which they do not properly belong. On the other hand, Arendt takes issue with the way that federally mandated integration transgresses the boundaries that ought to be maintained between the realms of political, social, and private life.
These boundaries are necessary, in Arendt’s argument, because polity, society, and privacy are defined by different animating principles. Politics is defined by the principle of equality: all adult citizens enjoy the same right to vote and be voted into office, and no differences should exist in their ability to participate in the polity. By contrast, the social realm is characterized by the principle of discrimination: social relations follow the adage “like attracts like,” according to Arendt, and individuals are therefore entitled to associate—and not associate—with others along the lines of profession, class origin, ethnicity, level of education, and other vectors of difference. Finally, the private realm is defined by the principle of exclusiveness: individuals choose the people with whom they will spend their lives on the basis of those people’s unique qualities, and the government should and indeed must assure “the rights of every person to do as he pleases within the four wall of his own home.”
Arendt charges that state action in the service of racial integration is acceptable when it attacks the legal enforcement of discrimination in the political realm. One of her key differences with Myrdal, however, lies in the fact that she does not regard the education provided by the school as necessary for political participation. Indeed, she does not ultimately consider the school to be a “political” institution at all. To be sure, the state has the right to prescribe educational content that will prepare children for future work and citizenship. But in Arendt’s argument government cannot dictate the forms of association and social life that emerge in school, and it cannot infringe on parents’ rights to bring up their children as they deem appropriate. These points lead her to a rather provocative conclusion: “to force parents to send their children to an integrated school against their will means to deprive them of rights which clearly belong to them in all free societies—the private right over their children and the social right to free association.”
As Roger Berkowitz writes in his essay "Solitude and the Activity of Thinking," Arendt's argument is grounded on her belief that a vibrant private realm is a constitutive need of a free political society. Without a strong protection of the private realm where people can grow to be different, unique, and self-thinkers, there will be no true plurality, which is the condition for action and politics. The price for plurality, she writes, is that we allow for people to live freely in private. It is for this reason that Arendt argues against anti-miscegenation law and why she would insist on the right to gay marriage. For Arendt, there is nothing more constitutive of privacy than the right to raise one's children as one wishes. For the state to forcefully require parents to send their children to a specific kinds of school means, she writes, that there would be no meaningful realm of privacy left—which would endanger the plurality she understands is the pre-condition of politics. As Berkowitz writes:
What offends Arendt in the Little Rock case is not the ideal of desegregation, but the danger that well-intentioned governmental attacks on social discrimination will erode the walls of privacy that nourish the possibility of thinking and of acting—and thus of plurality. Since the space for solitary thought depends on the protection of a vibrant private realm, the protection of privacy is a necessary first step in the cultivation of thoughtful political action.
Given the controversial nature of Arendt’s position, it should come as no surprise that much of the discussion turned on the questions her essay leaves unanswered. For example, many audience members wondered about the connections between private upbringing, social discrimination, and political equality. What is it that enables or requires citizens to forego the discrimination they practice in social life so that they might recognize other citizens as equals?
For that matter, how is it possible for people to transcend those aspects of their familial socialization that might hinder them from participating in politics without prejudice?
Other listeners focused on the two writers’ divergent intellectual predilections. As several of them noted, Myrdal’s work reveals a basic confidence in the ability of government, working in tandem with enlightened social science, to conceive and implement policies that further democratic freedoms. Arendt, on the other hand, betrays a much more skeptical stance not only on power of the state, but also on the capacity of social scientists (like Myrdal) to guide productive social and political interventions.
Finally, discussion turned to one point where Arendt, despite the contentious nature of her remarks, might be developing a more interesting view of democratic societies than Myrdal. As Morey noted in the Q and A, Myrdal’s reflections on democracy are ultimately premised on the existence of a national Volk defined by broad moral and cultural commonality. Prejudice and discrimination are pernicious, in his reading, because they prevent racial minorities from complete integration into the nation and its defining sense of peoplehood. Arendt’s vision, by contrast, adopts a much more guarded stance toward “conformism” of this sort. Indeed, “Reflections on Little Rock” proposes that people have a strong right to their opinions and sentiments in the private and social realms, even when those opinions and sentiments are deeply unpalatable in the wider public sphere and polity. As a result, Arendt’s notion of democracy appears to allow much greater room for the existence and maintenance of difference.
On the whole, then, Morey’s talk cast thoughtful light on the work of these two thinkers. It sought neither to venerate nor to dismiss their claims wholesale, but instead probed the many differences in their starting points and claims. In the end, Myrdal and Arendt’s positions seemed so divergent that it was hard not to regard them as “two ships passing in the night”—despite their common abhorrence of racial segregation.
You can view Maribel Morey's talk and the ensuing discussion on the Hannah Arendt Center website, here.
Maribel Morey's essay, "Reassessing Hannah Arendt's 'Reflections on Little Rock' (1959)" was published in the Journal of Law, Culture, and the Humanities. You can sign in with a password to read the article here.
The Constitutional Council, France’s highest court, will soon issue a ruling with significant implications for how we think about free speech, violence, and collective memory. The ruling, due by the end of February, will determine whether French lawmakers can criminalize the denial of the Armenian genocide in the Ottoman Empire during World War I.
Legislation to this effect passed the French National Assembly in December 2011 and the Senate just last month, but the Council agreed to rule on the constitutionality of the provision after inquiries from dozens of parliamentarians. President Nicolas Sarkozy has indicated that he will sign the bill into law if and when it reaches his desk, but he cannot do so until the court announces its decision. The geopolitical implications of this ruling are potentially far-reaching, for it may decisively shape Turkey’s relationship with the European Union and other states in the Middle East. But the ruling’s cultural and philosophical ramifications are significant as well, for they raise important questions about public discourse and collective memory not simply within but also across national boundaries.
The bill that would criminalize Armenian genocide denial was introduced in the National Assembly by Valérie Boyer, a parliamentarian from Marseilles who is affiliated, like Sarkozy, with the center-right Union for a Popular Movement. It would require a year in jail and a fine of 45,000 Euros (approximately $59,000) for “those who have praised, denied, or roughly and publicly downplayed genocidal crimes, crimes against humanity, and war crimes.” Significantly, the legislation does not specifically mention the mass killings of Armenians, but the only other instance of genocide recognized by the French government is the Holocaust, and its denial is already defined as a criminal act under another law. Despite the bill’s generic formulation, then, its effective point of reference is rather targeted.
Members of the French opposition have charged that the bill constitutes a cynical effort to curry favor with the country’s sizable Armenian population in advance of this spring’s presidential elections. Foreign Minister Alain Juppé, meanwhile, has opposed the legislation because he believes it will hinder efforts to maintain Turkish cooperation on urgent matters of state, including Iran’s nuclear ambitions and the ongoing government crackdown in Syria.
But the bill’s proponents deny that they have any ulterior motives in either the national or international arena: Boyer insists that genocide is a general human concern that stands “over and above politics,” while Sarkozy asserts that the bill is in “no way aimed at any state or people in particular.” In this respect, the legislation and its overt rationale are consistent with an important strand of the French republican tradition, one that equates the nation and polity with a commitment to universal principles.
Given the state’s ideological position, it should come as no surprise that Turkish responses to the legislation have been hostile. The national government, led by the center-right Justice and Development Party, has suspended many of Turkey’s diplomatic, economic, and military relations with France, and Prime Minister Recep Tayyip Erdoğan has dismissed the bill as an instance of “evident discrimination, racism, and massacre of free speech.” In addition, Erdoğan has accused France of its own unacknowledged genocide during the era of colonial rule in Algeria, while other lawmakers have insisted that France has failed to confront its unseemly role in the 1994 genocide in Rwanda. Far from regarding the legislation as a universalist condemnation of genocide and genocide denial, then, Turkish state officials have treated it as a direct attack on their national self-regard, and they have been quick to accuse the French government of a pernicious double standard: Sarkozy and his colleagues want Turkey to reckon with its burdened past when France has not scrutinized its own violent (post)colonial history.
On the one hand, I sympathize with the bill’s impulse to engage with past instances of violence. Remembrance of traumatic pasts is not a zero-sum game: attention to one instance of collective violence, such as the murder, deportation, and starvation of Armenians in the Ottoman Empire, does not prevent or preclude attention to others, such as the assault, torture, and killing that accompanied French colonial domination in Algeria. In fact, as Michael Rothberg suggests, the remembrance of past violence across national and/or imperial contexts “has the potential to create new forms of solidarity and new visions of justice.”
On the other hand, I am uncomfortable with the premise that certain forms of public discourse, even those associated with the denial of genocide, should be prohibited by law. I am too committed to liberal thinking to believe that this kind of restriction on free public speech is acceptable, and I have my doubts that it will actually encourage a reasoned understanding—and condemnation—of collective violence in the past, present, and future.
In particular, I am very concerned that this legislation, if it indeed becomes law, will have a chilling effect on ongoing discussion and debate in Turkey.
Turkish state and public institutions have grown a bit more receptive to Kurdish grievances over the past decade, and in November 2011 Prime Minister Erdoğan took the remarkable step of apologizing for army and air force attacks that killed nearly 14,000 Kurds in Dersim (now known as Tunceli) from 1936 to 1939. To be sure, Erdoğan issued this apology as police and military personnel were detaining hundreds if not thousands of Kurdish activists in the state’s renewed counterinsurgency campaign. But we should not neglect the fact that such a pronouncement would have been unthinkable only a few years ago. How ready will Erdoğan’s government be to acknowledge other elements of Turkey’s fraught past if France criminalizes denial of the Armenian genocide? Not very, I suspect.
In the end, then, I support concerted public engagement with the nature and extent of the Armenian genocide in France, Turkey, and elsewhere. Precisely for this reason, however, I also oppose the criminalization of Armenian genocide denial.
For more discussion of the transnational politics of memory, I highly recommend Michael Rothberg’s book Multidirectional Memory: Remembering the Holocaust in an Age of Decolonization (Stanford University Press, 2009).
- Jeff Jurgens
James Fallows has it right. There is an important difference between ERRING ON THE SIDE OF CAUTION, as the FBI spokesman said, and discriminatory harassment. Fallows was describing the story of Shoshana Hebshi, who was handcuffed and taken off a plane on 9/11 for being half-Arab and half-Jewish, and being seated next to two Indian men on a flight from Denver to Detroit. Read the story and you'll agree with Fallows, that the FBI showed painfully little caution or restraint.
Yes, she was released. Yes, this is a far cry from totalitarianism, as Hannah Arendt understood it. And yes, we need to take threats seriously. But it is also important to be aware that in the name of caution, we are empowering people to abuse their authority. Just ask Brandon Mayfield.