Hannah Arendt Center for Politics and Humanities
11Feb/130

Secondhand Gun Smoke

"The extreme form of power is All against One, the extreme form of violence is One against All. And this latter is never possible without instruments."

Hannah Arendt, On Violence

The instruments that Hannah Arendt refers to in this quote are instruments of violence, that is to say, weapons.  Weapons, which in the main, translates to firearms, make it possible for One to commit acts of violence against All. And this fact has been brought into sharp focus in light of the devastating tragedy of this past December 14th, 2012:  the massacre of 20 young children and six adults at Sandy Hook Elementary School in Newtown, Connecticut by a 20-year-old man using a semi-automatic assault rifle that belonged to his mother, the first victim of a killing spree that ended when he turned his weapon on himself and took his own life. The extreme depravity of this incident sent shockwaves throughout the nation, and reports of subsequent shootings of a more commonplace variety have been picked up by the news media, whereas previously they have more often than not been ignored. Fulfilling their function as agenda-setters, journalists have placed gun violence high on the list of national debates, reflecting the outrage of many citizens, as well as the genuine concern of a significant number of leaders and officials in government and organized religion.

Despite the fact that many citizens find the status quo intolerable, and favor legislation that would increase the limitations on the types of weaponry citizens can legally purchase and own, and on the requirements for sale and ownership of firearms, there has been considerable opposition to any form of what is commonly referred to as gun control. That pushback had come from what is sometimes referred to as the gun lobby, the National Rifle Association being the primary organization representing the firearms industry, and citizens who insist that our constitution's second amendment guarantees them the freedom to arm themselves as they see fit. And whereas one side mostly speaks in the language of moderation, arguing for reasonable restrictions on firearms sales, the other tends to speak in an extremist language of absolutes, arguing against any abridgement of rights and freedom, maintaining that gun control legislation is completely ineffective, and that, in the words of NRA Vice-President Wayne LaPierre, "the only thing that stops a bad guy with a gun is a good guy with a gun."

Fighting fire with fire is not a method favored by firefighters, except in the most extreme of circumstances, and likewise fighting firearms with firearms is a tactic of last resort for putting an end to gun violence. Firefighters stress the importance of prevention, and we certainly are entitled to ask, how can we prevent a bad guy from getting hold of a gun in the first place? When prevention is ineffective, and violence ensues, it may be necessary to engage in further violence as a countermeasure. But even if the result is cessation rather than escalation, the situation already represents a failure and breakdown of the community. As Arendt explains,

the danger of violence, even if it moves consciously within a nonextremist framework of short-term goals, will always be that the means overwhelm the end. If goals are not achieved rapidly, the result will be not merely defeat but the introduction of the practice of violence into the whole body politic. Action is irreversible, and a return to the status quo in case of defeat is always unlikely. The practice of violence, like all action, changes the world, but the most probable change is to a more violent world.

LaPierre's insistence that the only way to stop violence is with violence is not only simplistic in his childish morality of good guys vs. bad guys, but in his view of the situation as being One against One. Again, it would certainly be reasonable to concede the point that violent action on the part of one individual is sometimes required to put an end to violent action on the part of another individual, and such action is authorized on the part of duly appointed representatives of the law, e.g., police. But in acting in the role of police, such individuals are acting as representatives of the All, so that what appears to be One against One is in fact a case of All against One.  But LaPierre's notion of a good guy with a gun is not a police officer—indeed police departments typically favor stricter gun control—but an armed private citizen. In other words, his One against One would exist in a larger context of All against All, everyone armed in defense against everyone else, everyone prepared to engage in violence against everyone else.

That guns are instruments of violence ought to be clear. You cannot cut a steak with a gun. You cannot chop wood with a gun. You cannot excavate a mine with a gun. Unlike knives, axes, and even explosives, firearms have no practical use other than to harm and kill living things. There are recreational applications, granted, but there is nothing new about violence in recreational activities, boxing, wrestling, and fencing all have their origins in antiquity, while eastern martial arts disciplines have grown quite popular in the United States over the past half century, and football has become our most popular sport. It follows that hunting is simply another violent recreational activity, as we are now 10,000 years past the agricultural revolution, and few if any of us live in the wilderness as nomadic hunter-gatherers.  And target ranges, skeet shooting, and the like, all of which use obvious surrogates for human and animal bodies, are essentially recreational activities, apart from their function in training individuals  how to use firearms.

Instruments of violence, like all tools, are made to be used, and their violence cannot be confined to prescribed targets and situations. So with All against All, everyone lives under the shadow of violence, the possibility of being fired upon serving as a guarantee against bad behavior. From the individual's point of view, everyone is suspect, everyone is a potential menace that must be guarded against. And of course the danger they pose is greatly amplified if they are bearing arms. So peace is achieved through mutual intimidation, and at best a respect based on threat and fear. Under these circumstances, there is no solid foundation for political action based on consensus and cooperation, let alone social cohesion. With All against All, the potential for action taken by All against One is minimized.

Reducing if not eliminating the potential for All against One is central to the ideology of the NRA, for whom the All is not so much everyone else as it is our representatives in positions of authority. Armed private citizens are the good guys with guns, and it is not only the "criminals and crazies" who are bad guys, but also, and perhaps more importantly, the government. Ignoring the fact that historically, the second amendment was understood as granting individual states in the union the right to create militias in the absence of a standing federal army, gun advocates invoke "the right to bear arms" as a check against government tyranny, insisting that they are entitled to the same right to revolution that was claimed by the founders of our nation in the Declaration of Independence. That the Confederate states invoked the same right in seceding from the Union, igniting a debate settled by the most violent of means, is of little import it seems. The Civil War apparently did not end with Robert E. Lee's surrender at Appomattox, but merely underwent a transformation into a subtle insurgency movement that continues to this day. This no doubt comes as a surprise to the vast majority of American citizens, including the multitudes that flocked to movie theaters in recent months to see Steven Spielberg's Lincoln.

Arendt drives home the point that violence exists in inverse relationship to power.  Power is derived from the All, from the consent and agreement of the governed, the source of political legitimacy. Power is the ability to achieve goals without the use of violence. When governments are forced to resort to violence, it reflects a loss of power, one that is difficult to reclaim, and may ultimately result in that governments demise. Violence can destroy power, that is the lesson of revolution, but it cannot create power, only political action can. It follows that gun advocates see the second amendment as curbing the power of government, thereby empowering the individual. That sense of power is something of a chimera, however, for as soon as firearms are used, their power dissipates. If they are used against another private citizen, even a so-called bad guy, the user will have to answer to the legal system, and may be found guilty of unlawful action, or subject to civil liability. If they are used against a government official, the user will sooner or later discover that he (or she, but almost always it is a he) is outgunned, that One against All may only succeed in the short-term but will eventually fall to the vastly superior firepower of organized authorities.

American society, like all societies, looks to a set of values that, upon close inspection, holds logical contradictions, values that, from a distance, appear to be psychologically consistent with each other. We value the individual, and adhere to the most extreme form of individualism of any western society, but we also value the community. We seek a balance between the two, but ultimately they come in conflict with one another, the One vs. the All.  And we value freedom, but we also value equality. Both seem fundamental, but freedom includes the freedom to excel, to dominate, to gain an advantage, enforce and reinforce inequity, while any effort to be truly egalitarian requires restrictions on those freedoms. Moreover, we believe in capitalism, free enterprise as it were, but also in democracy, the American way, politically-speaking, and we assume the two can co-exist without discord. But capitalism is inherently undemocratic, favoring oligarchies and the absence of government regulation and oversight, whereas the exercise of democracy extends to policies that affect and constrain economic and financial activities, and the organization and conduct of business.

In the past, Americans have slightly favored the individual, freedom, and capitalism, all of which are aligned with one another, over the community, equality, and democracy, although the emphasis has shifted somewhat depending on circumstances (for example, during wartime, we become increasingly more likely to rally around the values of community and equality, and belief in democracy). To put it into Arendt's more succinct terms, we try to find a balance between the One and the All, but to the extent that the two are in conflict, we lean a bit towards the One.

In favoring the One, we tolerate the One against All, the result being that we are scarred by gun violence to a degree vastly out of proportion with other western societies. For gun advocates, gun ownership is an individual right and an essential freedom that must not be abridged. Never mind the fact that "the right to bear arms" is rarely found on any listing of basic human rights, as opposed to the right to live in safety and security, free from fear and threat, a right that gun ownership jeopardizes at least as much as it protects. And never mind the fact that our first amendment freedoms are subject to significant limitations and governed by legislation, and those freedoms are listed in a clear and unequivocal manner, in contrast to the second amendment's convoluted and confused diction ("A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed"). It is also interesting to note that gun advocates like LaPierre do not hesitate to try to shift the focus onto the first amendment, blaming violence in film, television programming, and videogames for incidents like the Newtown shooting. And what is often downplayed is that the gun lobby, in resisting all attempts at gun control, are defending the interests of the gun industry, the businesses that manufacture, distribute, and sell firearms. Of course, it is hard to play up the importance of free enterprise in the wake of the murder of elementary school children.

In their radical views on the second amendment, and their absolute embrace of individual freedom and capitalism against the interests of community, equality, and democracy, gun ideologues like LaPierre insist on the supremacy of One against All, and it is not surprising that the result is an extreme form of violence.  And, as I noted earlier, leaders representing the interests of the All against the One tend to speak, naturally enough, in the language of practical politics operating within a democratic form of government, the language of negotiation and compromise, but find themselves confronted on the other side with the abstract absolutes characteristic of the language of ideology. You might say, what we got here is a failure to communicate, in the words of Cool Hand Luke, although the two sides probably understand each other better than they let on.

The ideologues know that if they refuse to blink first, the compromisers will most likely give up and move on to more pressing matters. And the compromisers know that the ideologues refusal to negotiate gives them an excuse to turn away from a divisive issue that may cost them a measure of support in the next election, and deal with more pressing matters with a greater probability of reaching a successful conclusion. Only now, after Newtown, is there talk of having reached a tipping point in public opinion, one that may pressure the compromisers to insist upon a settlement, and may force the ideologues to accept the pragmatic need for negotiation. The likely outcome is that the ideologues will make some minor concessions, allowing for some small progress on gun control, a step in the right direction to be sure, but a far cry from the measures needed to curb the high incidence of gun violence in the United States.

Change will come, because the alternative is intolerable. To the extent that we live in increasingly denser populated areas, in urban sprawl rather than rural isolation, so that the consequences of violent action become increasingly more catastrophic, we require more civilized, more civil living conditions, the insurance against violence that can only come from the power of organized authority subject to political oversight, not private citizens responsible only to themselves. To live in a society of All against All is ultimately regressive, and can only make sense if the social system disintegrates, a remote possibility that cannot be balanced against the actuality of incident after incident of gun violence.

Change will come, but it may only come gradually, given our cultural bias towards the One against All, and it may only come generationally.  Over the past half century, Americans have become increasingly more risk aversive, as more information about potential risks to health and safety have been made available through the electronic media. However, as Henry Perkinson argues in No Safety in Numbers, it is the risks that we have no control over that we are particularly averse to. When the risk is perceived as a matter of individual choice, an expression of personal freedom, we are less averse to it than when it is understood to fall outside of our locus of control. Prohibition is often invoked as the archetype of failed measures to eliminate harmful behavior, and the word prohibition is often thrown into discussions on gun control and similar measures in order to summon up those negative connotations. Despite the potential risks to health and safety from alcoholic inebriation, over-consumption, and addiction, drinking was seen as an exercise of free will, and therefore acceptable. It was only with the campaign against drinking and driving that the locus of risk was shifted from the individual consuming intoxicating beverages to the innocent victims of drunk driving, accident victims who had no choice in the matter, whose freedom was in fact curtailed by the drinker. The same is true of tobacco.

Once medical research established that smoking causes emphysema, heart disease, and cancer, modest change in American smoking habits ensued. It was not until the findings about secondhand smoke were established that real cultural change took place, a truly extraordinary shift in attitudes and behavior about smoking. The key was that secondhand smoke exposed individuals to risks that they had no control over, risks that they were subjected to against their own volition.

While this form of risk-aversion is relatively recent, a more basic understanding that permeates American society is that individuals can exercise their freedoms as long as those freedoms do not jeopardize others. The early assertion of a right to own slaves could only persist insofar as individuals were willing to view the enslaved as somehow less than fully human; otherwise the freedom to enslave clearly cannot justify the denial of another individual's freedom. Similarly, free enterprise and free markets, the freedom of individuals to engage in any kind of business and labor practices they might chose to, eventually was understood to conflict with the rights of labor, of workers and employees, as well as the rights of consumers, so that the freedom of capitalism is subject to constraints imposed in the interests of the community and democracy.

In the face of the violence of One against All, what is needed is the power, in the positive sense of democratic political action, of All against One. The power of public opinion and a growing consensus will serve as a bulletproof vest to protect the body politic from assault by the weapons industry and gun ideologues. And the best place to begin is by talking about the dangers that uncontrolled access to firearms pose to citizens who do not choose to live with these instruments of violence, citizens whose freedoms and rights and very lives are put at risk without their consent, citizens who all are victims of secondhand gun smoke.

-Lance Strate

 

19Oct/122

Campaign Finance Laws and the First Amendment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

—RB

1Oct/122

Withered Public, Disappearing Private

“What is necessary for the pubic realm is to shield it from the private interests which have intruded upon it in the most brutal and aggressive form.”

-Hannah Arendt

In 1973, Hannah Arendt was invited to participate in a series of conferences on the Humanities and Public Policy issues funded by the National Endowment for the Humanities to be held at Columbia University. The first, scheduled for February 1974, was on the topic of “Private Rights and the Public Good,” and Arendt gave a speech in response to a paper on the subject given by Charles Frankel, a Professor of Philosophy and Public Affairs at Columbia University. (The original note cards of her presentation are available to researchers at the Library of Congress and can be viewed digitally online.)

Part of the grant’s requirements included taping the sessions and providing the Endowment with a transcript of all proceedings. Arendt objected to being taped and indicated she could do no more than present her oral commentaries; she had no time to develop a fuller paper. The organizers of the conference and Arendt reached a compromise: they would prepare a transcript of her comments from the tape; the tape would stay in the possession of Columbia University and no use would be made of the transcript, other than filing it with the Endowment as required, without Arendt’s express permission.

Some months after the conference, the coordinator of the conference sent Arendt the edited transcript, along with his wishes for her speedy recovery: while Arendt was in Scotland for the second of the Gifford Lectures, she had suffered a major heart attack. Unhappy with the transcription, Arendt indicated she still had her notes and would prepare something from them, adding that she thought this would present her thoughts more clearly, “even though these notes are written down in a rather apodictic style.” She had her secretary type up a version of the notes and then made a few additional minor changes and sent them to Columbia University.

“Notes on the Discussion of Professor Charles Frankel’s Paper...” provides several succinct insights into Arendt’s critical distinctions between public and private, which are especially germane to today’s political situation.

“Every individual by virtue of his citizenship receives a sort of second life in addition to his private life. He belongs to two orders of existence. Throughout his life he moves within what is his own, and what is common to him and his fellow man.” Public happiness was something that could only be attained “in public, independent of...private happiness.”

Today, Arendt bemoaned, the opportunities for experiencing this public happiness by participating in public life had shrunk, adding, “The voting box can hardly be called a public place.” It was better represented in the activities of a jury. But the paradigmatic “public right” for Arendt was the right to peaceable assembly provided by the First Amendment to the Constitution. Its exercise was still evident in “voluntary association”, she remarked, “of which the civil disobedience groups were an outstanding examples.” Arguably, it has been more recently evident in dimensions of the Occupy Wall Street movement and its iterations. (Though, for interesting commentary and documentary materials on this see Cindy Weber’s recent essay in Open Democracy). But what was definitely not an example of the exercise of public rights was the degeneration of peaceable assembly into “lobbying,” which Arendt saw as “the organization of private interest for the purpose of public political influence.

Evidence from the current campaign suggests that the bipartisan perversion of public into private interests continues at an obscene pace. A recent article in The New Yorker provided some frightening facts:  The impact of the 2010 Supreme Court case, Citizens United v. Federal Election Commission has meant that “very wealthy Americans have begun wielding increasingly disproportionate power in U.S. politics...A pool of only 2100 people has given a total of 200 million dollars to the 2012 campaigns and their Super PACs—fifty-two million dollars more than the combined donations of the two and a half million voters who have given two hundred dollars or less. In other words, the top .07 per cent of donors are exerting greater influence on the 2012 race than the bottom 86%.” (August 27, 2012)

What this means, using Arendt’s terminology, is that only a tiny portion of private interests will exert tremendous political influence. Not only has the public realm shrunk; the private realm of influencing politics has all but disappeared for everyone except the very few. Entering the voting booth in 2012 will mean exercising your private right to choose between one form of oligarchy or another. What then of public life? How can it be restored?

Arendt was typically vague about what to do about the influence of oligarchies on public and private life. “Neither the capitalist system [nor] the socialist system respects ownership any more—inflation and devaluation of currency are capitalist modes of appropriation—although both, in different ways, respect acquisition,” she wrote in the same speech. As to the consequences of enshrining acquisition as a principle of social organization, Arendt had nothing but criticism—see The Human Condition for this. To protect private life, we must “restore ownership to private individuals under conditions of modern production.” And what is necessary for public life to be restored is “to shield it against the private interests which have intruded upon it in the most brutal and aggressive form.” Yet all recent legislation that would have restored “ownership” or secured the public realm against brutalization by private interests seem to disappeared from the legislative agenda.

Is it time to call upon the 99% to boycott the election entirely? What other act of civil disobedience would be adequate to the task of renewing public life and salvaging it from its bastardization at the hands of greedy private interests?

-Kathleen B. Jones