**This post was originally published on November 14th, 2011**
"The end of rebellion is liberation, while the end of revolution is the foundation of freedom."
-Hannah Arendt, On Revolution
Physical liberty is a prerequisite for freedom, but freedom, Arendt writes, "is experienced in the process of acting and nothing else". The intimate connection between acting and freedom is what animates the intense passion for revolution. At a time when freedom is reverenced, but mostly in the breach, revolutions seduce us with the hope that the "course of history suddenly begins anew, that an entirely new story, a story never known or told before, is about to unfold". Revolution, as the coincidence of the idea of freedom and the experience of a new beginning, actualizes the experience of being free".
Arendt writes that the "revolutionary spirit" of freedom unites two seemingly contradictory elements. The first is the "act of founding the new body politic", an act that "involves the grave concern with the stability and durability of the new structure". As an act of foundation, revolutionary action strives to found new yet lasting governmental institutions. Often ignored amidst the focus on revolutionary violence, the desire to found stable structures is central to the revolutionary spirit.
The second element of the revolutionary spirit, however, is the revolutionary’s experience of the revolution. It is "the experience . . . which those who are engaged in this grave business are bound to have", namely the experience of an "exhilarating awareness of the human capacity of beginning". Caught up in the thrall of creation, revolution gives birth to the "high spirits which have always attended the birth of something new on earth". The revolutionary spirit, therefore, includes the joy and excitement that attends all endeavoring to tear down and build up. The joy in the destruction of the old that Nietzsche reminds us of is inseparable from the joy in the creation of the new.
Arendt attributes the loss of the spirit of the revolution – what she calls the revolutionary treasure – to one overriding cause. The problem is that the republics that the revolutions created – one after another, whether in France, Russia, or America – left no space for the very freedom that constituted part of the revolutionary treasure. The question Arendt asks is: what kind of institutional spaces could, potentially, preserve a place for the revolutionary spirit of freedom within a republic?
I mention Arendt’s double characterization of the revolutionary spirit now in the shadow of the Arab Spring, the Israeli Summer, and the American Fall. In Egypt, Tunisia, and Libya, rebellions liberated the people from oppressive regimes, and rebellions continue to seek liberation in Syria, Sudan, and Bahrain. Around the globe, however, revolutionaries are struggling with Arendt's question of how to find a revolutionary spirit of freedom within a political order. Amidst the sense of utter disenfranchisement and powerlessness that gave birth to these movements in the very heart of democratic states, we need to work to restore spaces and possibilities for the experience of freedom.
In the United States, Arendt bemoans that the US founders "failed to incorporate the township and the town-hall meeting into the Constitution". The town-hall meetings were "spaces of freedom"; as such, they were crucial institutions of the new republic. The life of the free man, Arendt writes, needs "a place where people could come together." The possibility of public freedom necessitates institutionally recognized forums for free action in which free citizens manifest themselves to others.
Arendt’s interest in these councils and town-hall meetings – and also Thomas Jefferson’s stillborn proposal for a "ward system" that would divide the nation into "elementary republics" – is not a nostalgic call for direct decision-making. The point of these societies and councils was not necessarily to make decisions or to govern or administer a municipality. Indeed, Arendt praises one French club in particular that prohibited itself from any attempt to influence the General Assembly. The club existed only "to talk about [public affairs] and to exchange opinions without necessarily arriving at propositions, petitions, addresses, and the like". The councils were a space for freedom, a space for people to gather and discuss the affairs of the day with others. Their importance was not in what they accomplished, but rather in what they nourished.
As institutional spaces of "organized political experience", the clubs promoted "the same kind of attunement to events that had drawn the revolutionaries into action, and along its path". In other words, the councils offered the experience of freedom that "is experienced in the process of acting and nothing else".
-- Roger Berkowitz
“Politics arises between men, and so quite outside of man. There is therefore no real political substance. Politics arises in what lies between men and is established as relationships.”
-- The Promise of Politics 95, emphasis in original
What is politics? Ask around, and you may get answers such as government, the state, political parties, corruption, “something I don’t care about” and “something that is a threat to my privacy and my freedom.” Hannah Arendt probably wouldn’t be surprised. Arendt notes: “Both the mistrust of politics and the question as to the meaning of politics are very old, as old as the tradition of political philosophy.” Moreover, she continues,
Underlying our prejudices against politics today are hope and fear: the fear that humanity could destroy itself through politics and through the means of force now at its disposal, and, linked with this fear, the hope that humanity will come to its senses and rid the world, not of humankind, but of politics.
In The Promise of Politics, we see Arendt wrestling with questions on the meaning of politics, particularly as it has been inherited in our modern world.
On the left, it is obvious: Zionism must be overthrown and Gazans freed. On the right, the answer is clear: Hamas is a terrorist organization that must be obliterated. And amongst humanitarians, it is an article of unquestioned faith: women and children must be protected, ceasefires upheld, and medicine, water, and food permitted to enter the country. To talk with representatives of any of these three camps is to be confronted with a tsunami of facts in airtight logically cohesive diatribes. Each one has a set of facts that is unimpeachable so long as it is recited without interruption. But what these radical proponents do not seem to see is that their blinkered radicalism serves nothing more strongly than the status quo, deepening the deadlock, and making it ever less likely for meaningful compromise. As my friend Uday Mehta so aptly formulated it, these radicals are the vanguard of the status quo.
Nadine Gordimer, one of the greatest and most courageous political novelists of the 20th century, died this month. Gordimer helped write the intensely powerful “I Am Prepared to Die” speech that Nelson Mandela gave at the conclusion of his trial in 1964. She won the Nobel Prize for Literature in 1991. And Gordimer is one of those rare individuals who succeed in giving birth to an idea.
Thomas Meaney and Yascha Mounk argue in a long essay in The Nation that the democratic moment is passing if not yet already passed. The sweep of their essay is broad. Alexis de Tocqueville saw American democracy replacing the age of European aristocracy. He worried that democratic equality would be unable to preserve the freedoms associated with aristocratic individualism, but he knew that the move from aristocracy to democracy was unstoppable. So today, Meaney and Mounk write, we are witnessing the end of the age of democracy and equality. This is so, they suggest, even if we do not yet know what will replace it.
Meaney and Mounk build their argument on a simple critical insight, a kind of “unmasking” of what might be called the hypocrisy of modern democracy. Democracy is supposed to be the will of the people. It is a long time since the small group of Athenian citizens governed themselves. Modern democrats have defended representative democracy as a pragmatic alternative because gathering all the citizens of modern states together for democratic debate is simply impossible. But technology has changed that.
As long as direct democracy was impracticable within the confines of the modern territorial state, the claim that representative institutions constituted the truest form of self-government was just about plausible. But now, in the early twenty-first century, the claim about direct democracy being impossible at the national level and beyond is no longer credible. As the constraints of time and space have eroded, the ubiquitous assumption that we live in a democracy seems very far from reality. The American people may not all fit into Madison Square Garden, but they can assemble on virtual platforms and legislate remotely, if that is what they want. Yet almost no one desires to be that actively political, or to replace representation with more direct political responsibility. Asked to inform themselves about the important political issues of the day, most citizens politely decline. If forced to hold an informed opinion on every law and regulation, many would gladly mount the barricades to defend their right not to rule themselves in such a burdensome manner. The challenge posed by information technology lies not in the possibility that we might adopt more direct forms of democracy but in the disquieting recognition that we no longer dream of ruling ourselves.
In short, democracy understood as self-government is now once again possible in the technical age. Such techno-democratic possibility is not, however, leading to more democracy. Thus, Meaney and Mounk conclude, technology allows us to see through the illusions of democracy as hypocritical and hollow.
The very word “democracy” indicts the political reality of most modern states. It takes a considerable degree of delusion to believe that any modern government has been “by” the people in anything but the most incidental way. In the digital age, the claim that the political participation of the people in decision-making makes democracy a legitimate form of government is only that much hollower. Its sole lingering claim to legitimacy—that it allows the people the regular chance to remove leaders who displease them—is distinctly less inspiring. Democracy was once a comforting fiction. Has it become an uninhabitable one?
Such arguments by “unmasking” are attractive and popular today. They work, as Peter Baehr argued recently in a talk at the Arendt Center, through the logic of exposure, by accusing “a person, argument or way of life of being fundamentally defective.” It may be that there are populist democratic revolts happening in Turkey and Thailand, revolts that are unsettling to elites. Similarly, the democratic energies of the Tea Party and Occupy Wall Street are seen by many as evidence of the crisis of democracy. Democracy, it is said, is defective, based on a deception and buttressed by illusion. But it hardly does a service to truth to see democratic ferment as proof of the end of democracy.
Meaney and Mounck argue that there are three main reasons that have brought democracy to the brink of crisis. First, the interrelation of democracies within a global financial world means that democratic leaders are increasingly beholden to banks and financiers than to their citizens.
[W]ith world trade more pervasive, and with the domestic economies of even the most affluent nations deeply dependent on foreign investments, the ideological predilections of a few governments have become the preoccupation of all. There is a reason why all mainstream politicians now make decisions based on variables such as the risk of capital flight and the reactions of bond rating agencies, rather than on traditional calculations about the will of their electorates. As the German economist Wolfgang Streeck has argued, this shift in political calculus occurred because the most significant constituency of democracies is no longer voters but the creditors of public debt.
Second, democracies have come to be associated not just with self-government, but with good government leading to peace and plenty. But this is a fallacy. There is no reason that democracies will be better governed than autocracies or that economic growth in democracies will outperform that of autocracies. This creates an “expectations gap” in which people demand of democracies a level of success they cannot deliver.
Third, democracy has largely been sold around the world as “synonymous with modernization, economic uplift and individual self-realization.” Democratic politicians, often an elite, wrapped their power in largesse and growth that papered over important religious and moral differences. Today populism in Thailand, Egypt, and Turkey clashes with the clientism of democratic rulers and threatens the quasi-democratic alliance of the elites and the masses.
Meaney and Mounk are no doubt correct in perceiving challenges to democracy today. And they are right that democratic citizens consistently prefer technocratic competence over democratic dissent and debate. As they write,
…we live in highly bureaucratic states that require ever-increasing degrees of technical competence. We expect our governments to do more and to do it better. The more our expectations are addressed, the more bureaucratic and opaque government becomes and the less democratic control is possible.
The danger of representative democracy is that it imagines government as something we outsource to a professional class so that we can get on with what is most important in our lives. There is a decided similarity between representative democracy and technocracy, in that both presume that political administration is a necessary but uninspiring activity to be avoided and relegated to a class of bureaucrats and technocrats. The threat of representative democracy is that it is founded upon and regenerates an anti-political and apolitical culture, one that imagines politics as menial work to be done by others.
What Meaney and Mounk overlook, however, is that at least in the United States, we have never simply been a representative democracy. The United States is a complicated political system that cannot justly or rightly be called either a democracy or a representative democracy. Rightly understood, the USA is a federal, democratic, constitutional republic. Its democratic elements are both limited and augmented by its constitutional and federalist character as well as by its republican tradition. At least until recently, it combined a strong national government with equally strong traditions of state and local power. If citizens could not be involved in national politics, they could and often were highly involved in local governance. And local institutions, empowered by the participation of energized citizens, were frequently more powerful or at least as powerful as were national institutions.
Of course, the late 20th and early 21st centuries have witnessed a tectonic constitutional shift in America away from local institutions and toward a highly powerful, centralized, and bureaucratized national government. But this shift is neither inevitable nor irreversible. Indeed, largely driven by the right, the new federalism has returned to states some traditional powers. These powers can be used, however, by the left and the right. As Ben Barber has been arguing from the left, there is an opportunity in the dysfunctional national government to return power and vitality to our cities and our towns. Both Occupy Wall Street and the Tea Party show that there are large numbers of people who are dissatisfied with our political centralization and feel disenfranchised and distant from the ideals of democratic self-government. The Tea Party, more than Occupy, has channeled that disenchantment into local political organizations and institutions. But the opportunity to do so is present on the left as well as on the right.
There is a deeply religious element to American democracy that is bound up with the idea and reality of American exceptionalism, a reservoir of democratic potency that is not yet tapped out. Meaney and Mounk see this, albeit in a throwaway line that is buried in their essay:
Outside of a few outliers such as India and the United States, where deep in the provinces one still encounters something like religious zeal for democracy, many people in nominal democracies around the world do not believe they are inheritors of a sacral dispensation. Nor should they.
We are witnessing a crisis of democracy around the world, in the sense that both established and newer democracies are finding their populations dissatisfied. While it is true that people are not flocking to technical versions of mass democracies, they are taking to the streets and organizing protests, and involving themselves in the activities of citizenship. Meaney and Mounk are right, democracy is not assured, and we should never simply assume its continued vitality. But neither should we write it off entirely. Their essay should be read less as an obituary than a provocation. But it should be read. It is your Weekend Read.
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.