Hannah Arendt Center for Politics and Humanities
4Apr/140

The First Amendment and Campaign Finance

ArendtWeekendReading

Over at the Volokh Conspiracy, David E. Bernstein argues that Justice Stephen Breyer’s dissent in the Campaign Finance Case (McCutcheon v. Federal Elections Commission) is dangerous. He writes, rightly, that progressives have historically been uneasy with the First Amendment since strong rights are anti-democratic and exert a conservative and limiting impulse on democratic self-government and progressive programs. Thus free speech interferes with hate crimes legislation and stands in the way of attempts to limit offensive speech. And, most recently, free speech has proven the main impediment to regulate the insane amounts of money that are corrupting the political system.

why

Bernstein asks: “But how can liberals, who so expansively interpret other constitutional provisions, narrow the First Amendment so that campaign finance no longer gets protection?” His rhetorical answer is that the liberal willingness to limit free speech evident in Justice Breyer’s dissent is dangerous:

The danger of this argument is that analogous reasoning could be used to censor major media corporations such as the New York Times, Hollywood, and so on, to wit: ”When Hollywood spends billions of dollars each year advancing a liberal agenda, the general public will not be heard.  Instead of a free marketplace of ideas, we get a marketplace in which major Hollywood moguls have hundreds of thousands of times the ‘speech power’ of the average American.” And given that almost everyone deems it appropriate to regulate the economic marketplace to counter inefficiencies and unfairness, why should the much-less-efficient (because it’s much more costly for an individual to make an error in his economic life than to have a mistaken ideology) marketplace of ideas be exempt from harsh regulation?  In short, once one adopts the Progressive view of freedom of speech as only going so far as to protect the public interest in a well-functioning marketplace of ideas, there is no obvious reason to limit reduced scrutiny of government “public interest” regulation of speech to campaign finance regulations.  Nor is it obvious why the Court should give strict scrutiny to speech restrictions that don’t directly affect the marketplace of ideas, instead of just using a malleable test balancing “speech interests” versus other interests.

It is of course right to worry about placing limits on speech, especially speech that is so clearly political. That is why Justice Robert’s plurality opinion has such straightforward appeal:

There is no right more basic in our democracy than the right to participate in electing our political leaders. Citizens can exercise that right in a variety of ways: They can run for office themselves, vote, urge others to vote for a particular candidate, volunteer to work on a campaign, and contribute to a candidate’s campaign. This case is about the last of those options. The right to participate in democracy through political contributions is protected by the First Amendment, but that right is not absolute. Our cases have held that Congress may regulate campaign contributions to protect against corruption or the appearance of corruption. … If the First Amendment protects flag burning, funeral protests, and Nazi parades—despite the profound offense such spectacles cause—it surely protects political campaign speech despite popular opposition.

What this means is that as long as campaign finance reform is viewed according to the lens of free speech, those who labor to protect our political system from the corrupting influence of excessive amounts of money will tread a treacherous path. They must, as Justice Breyer does at times in his dissent, argue for a version of free speech that is instrumental, one that is limited by its assumed purpose. Here is Breyer:

Consider at least one reason why the First Amendment protects political speech. Speech does not exist in a vacuum. Rather, political communication seeks to secure government action. A politically oriented “marketplace of ideas” seeks to form a public opinion that can and will influence elected representatives.

Breyer, like too many of those who would support campaign finance reform, insists on fighting the battle over the meaning of free speech. The problem is that such arguments must speak about limiting speech on rational grounds or suggest that speech is designed to make government better. This raises the specter of the government deciding when speech does and when it does not improve democracy. Some may welcome judges making such difficult judgments—it may be what wise judges actually should do. But having judges decide when speech favors democracy would subject all sorts of offensive or radical speech to the test of whether it was directed to secure government action and whether it invigorated the marketplace of ideas.

supreme

The problems with the free speech approach to campaign finance reform have led Lawrence Lessig and Zephyr Teachout to seek a different path. Thus it is worth looking at the responses both of them penned to the McCutcheon decision.

Lessig, writing in the Daily Beast, argues that advocates of reform need to stop talking about free speech and instead focus on corruption:

The only way for the government to win, in other words, was to convince the Court that while corruption certainly includes quid pro quos, it need not be limited to quid pro quos. The roots of that argument were handed to the government from an unlikely source: the Framers of our Constitution. Building upon the work of Zephyr Teachout, two researchers and I scoured every document that we could from the framing of our constitution  to try to map how the Framers used the word “corruption.” What was absolutely clear from that research was that by “corruption,” the Framers certainly did not mean quid pro quo corruption alone. That exclusive usage is completely modern. And while there were cases where by “corruption” the Framers plainly meant quid pro quo corruption, these cases were the exception. The much more common usage was “corruption” as in improper dependence. Parliament, for example, was “corrupt,” according to the Framers, because it had developed an improper dependence on the King. That impropriety had nothing to do with any quid pro quo. It had everything to do with the wrong incentives being allowed into the system because of that improper dependence.

Teachout, writing in the Washington Post, argues that we need to stop trying to ban money in our current system of campaign laws and, instead, create a new system, one modeled on examples in Maine, Connecticut, Arizona, Massachusetts, North Carolina, New Mexico, New Jersey, Hawaii and West Virginia, which have all experimented with publicly funded elections:

But the legislative branch has to take some responsibility. Relying on bans is akin to continually passing seat-belt laws that keep getting struck down while never building safe cars. We should take this McCutcheon moment to build a better democracy. The plans are there. Rep. John Sarbanes (D-Md.) has proposed something that would do more than fix flaws. H.R. 20, which he introduced in February, is designed around a belief that federal political campaigns should be directly funded by millions of passionate, but not wealthy, supporters. A proposal in New York would do a similar thing at the state level…. They have learned that they are most effective when every office’s election is publicly funded, so that candidates learn how to raise money by going to the people, and that it is better to give a public match only to in-state individuals and not to PACs or out-of-state donors. Big lobbyists don’t like this because they are used to getting meetings with candidates to whom their clients give money. We’ve also learned that more women and minorities run for office with a public-funding system.

The campaign finance decisions are a disaster for our democracy and are preventing attempts to limit the truly corrosive impact of money throughout our political system. But it is also the case that the decisions are principled when viewed within the rubric of our free speech jurisprudence. Instead of limiting the amount of money in an inevitably corrupt system, it is time to change the system itself. Lessig and Teachout are leading the charge. Their op-eds are your weekend reads. In addition, you can revisit my comments on Teachout’s talk at the Hannah Arendt Center last year, here. And you can watch a recording of Teachout’s speech here.

-RB

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
15Feb/130

Dworkin’s Law & Justice

Ronald Dworkin died yesterday, Thursday. He was 81.

For much of my early career as someone engaged in the question of justice, Ronald Dworkin was one of my imaginary antagonists. Reading Dworkin was eternally frustrating. I was consumed with the inevitable temptation to take on Dworkin’s unwavering apologies for legal power. Dworkin was the great defender of the morality of the state, an idea that I had a hard time accepting. He was an advocate for legitimacy of legal rule, which often seemed ungrounded and illegitimate. Above all, his magnum opus, Law's Empire, is a celebration of the imperial grandeur of law, when law often seemed to my youthful and often angry eye to be rather the embodiment of power, interest, and money.

For Dworkin, ‘we’—lawyers, judges, and philosophers of Law’s Empire—are engaged in the utopian project of purifying law. And law, in turn, purifies us. In being “subjects of law’s empire, liegemen to its methods and ideals,” we bridle our action and reasoning with the constraints of legal thinking. What law requires, above all, is that our actions be made consistent with the foundational moral principles embodied in and by the community. Interpreted correctly—that is, observing the integrity of the moral world—law leads to decisions that enrich a “narrative story” of who we are. It is a story that, for Dworkin, makes our practices and institutions “the best they can be.”

Law in Dworkin’s writing embodies a “flourishing legal system” and carries with itself the possibility of securing the utopian and political ideals of fairness, justice, and procedural due process.  Lawyers, judges, and especially legal philosophers, are the people responsible for dreaming utopian dreams—dreams “already latent in the present law”—and working to bring about those dreams through law and the legal system.  Law, therefore, cannot simply be conventional and self-referential; it must hold within it the promise for progressive societal change. Left, utopian politics, Dworkin states, is law.  Or, in other words, law is the center of all political and ethical progress in modern civilized states.

It is not hard to point out inconsistencies and tensions in Dworkin’s philo-legalism. Dworkin’s many critics reveled in pointing to law’s promises of equality broken and its ideal of justice contradicted. The law does not always act for good. But that means that those who would defend law’s empire have a choice. They can defend the law pragmatically and politically—arguing that law is simply a tool in the larger political struggle for justice. Or they can seek to weave the entirety of the law—good and bad—into an overarching moral universe—imagining law as an ideal that can and should in its nature propel us fitfully toward a more just world. Dworkin took the latter approach. The more I saw the impossibility of his project, the greater became my respect for the nobility and grandeur of his effort.

Much of Dworkin’s academic work is full of abstract theory. Perhaps his most enduring contribution, however, is a single metaphor. Law, Dworkin writes, is like a chain novel. And judges, he argues, are “authors as well as critics” who participate in the collaborative writing of the novel that is the law. The chain novel—in which “a group of novelists writes seriatim”—unfolds chapter by chapter, each written by a different author.  Each author is required both to fit her interpretation to what has come before—i.e. to make an interpretive judgment about the text under the assumption that it was written by a single author—and to judge which of the possible interpretations makes the work in progress the best it can be.  The judgment involves a substantive aesthetic choice; Dworkin insists that this choice is not arbitrary. It is constrained by the structure, plot, and style of the text and authors that have come before.

Dworkin’s claim is that in interpreting and authoring the chain novel, each successive author is not limited to the dichotomous choice between finding the meaning in the text and inventing the meaning of the text. Instead, “each novelist aims to make a single novel.” To do so is not simple and will involve a multifaceted engagement with the text and the principles of what has come before. The author must “find layers and currents of meaning rather than a single, exhaustive theme.” And yet, he “cannot adopt any interpretation, however complex.” Each new interpretation and creation must make the entirety of the chain novel fit together in the best way possible.

Similarly, each judge who decides a case must judge with what Dworkin calls integrity. This means that every judge must find in what has come before the “principle” that “is instinct in law.” When a judge does this, “he reports not a simple-minded claim about the motives of past statesmen, a claim a wise cynic can easily refute, but an interpretive proposal: that the principle both fits and justifies some complex part of legal practice, that it provides an attractive way to see, in the structure of that practice, the consistency of principle integrity requires.” Interpretive practice requires an author to distinguish between continuing the novel and beginning it anew.  Only judgments that continue the law’s story are judgments with integrity.

Dworkin’s analogy of law to a chain novel can be read, sympathetically, as saying: look, we have this community with these values and within it neutral judgments based on laws are impossible.  If we want law, we better figure out a way to make those judgments possible or we are back to justifying law as the rule of those with power.  Law as integrity is such a way.  You external skeptics can go around saying our community is contingent and constructed but sooner or later you are going to have to choose between nihilsim and ethical engagement.

What Dworkin yearned for was a theory of interpretation that could assimilate the entirety of the past into a common and clear narrative of the present. His model judge, Hercules, was the judge whose power of interpretation was so fecund as to master the mass of judgments, facts, and decisions into a single, best, and just narrative.

That such a herculean task is not possible—and that defending such a stance could serve as a smoke screen for the interests and power behind the law—was something Dworkin refused to concede.

In the last decade Dworkin turned from abstract legal philosophy to popular writing, which often appeared in the New York Review of Books. His writing about current issues and cases was clear, moral, and passionate—if also quite predictable. Somehow, Dworkin always found that judging with integrity required decisions in accord with a fundamentally mainstream-left-of-center point of view.

Whatever his limits, Dworkin stood for the undying idea that law—whatever its shortcomings—should aspire to do justice. For this reason alone, if nothing else, we should celebrate him.

The best obituaries so far are found in The Guardian and The New York Times. But better yet, open up your old volume of Law’s Empire. And if you don’t have it handy, here is a version you can navigate on the web.

-RB

 

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
28Jan/130

For the Sake of What is New

"Exactly for the sake of what is new and revolutionary in every child, education must be conservative; it must preserve this newness and introduce it as a new thing into an old world."

-Hannah Arendt, The Crisis in Education

In the central and perhaps most provocative passage of her essay on The Crisis in Education (1958), Arendt thrice repeats the same word: to preserve.  This should not be surprising, in the context of her presentation of the thesis that “education must be conservative.”  Education must be carried out with a “conservative attitude” in order to preserve the possibility for something new to arise.

Arendt thinks little of educators and professors who issue directives to their pupils about what actions they should undertake to change the world.  The responsibility of the educator is more to bring a “love for the world” into the seminar room.  Whether the tutor wishes the world to be different, better, or more just should be inconsequential.  It is his job to represent the factual world as frankly as possible.  One cannot do more and should not do less.  This love for the world forms the basis for “newcomers” to take the chances of their new beginning into their own hands.  Seen in this way the tutor must be “conservative” (in relation to the state of the world), not in order inspire “progressive” action but rather to enable new beginnings that cannot be planned or calculated.  And so says the full quote about education that must be conservative: “Exactly for the sake of what is new and revolutionary in every child, education must be conservative; it must preserve this newness and introduce it as a new thing into an old world.”

A few lines earlier Arendt distinguishes between this innovative “conservative attitude” in education and conservatism in politics.  Political conservatism, “striving only to preserve the status quo,” ultimately leads to destruction: if people do not undertake renewals, reformations, the world is abandoned to decay over time.  Immediately after this second use of “to preserve” Arendt uses the word a third time.  Since the world is shaped by mortals, it is at risk of becoming as mortal as its inhabitants.  “To preserve the world against the mortality of its creators and inhabitants,” Arendt writes, “it must be constantly set right new.”  The “capacity of beginning something anew” appears according to Arendt principally in action, which is the capacity that has “the closest connection with the human condition of natality”—“the new beginning inherent in birth,” Arendt writes at the same time in The Human Condition (1958).

Aren’t these three very different meanings of “to preserve”?  Can this single word really convey all these nuances?  Only when one consults the original German version of Arendt’s essay does the scope of distinctions become clear.  The Crisis in Education is the English version of a lecture Arendt gave in 1958 in Bremen, Germany, translated by Denver Lindley.

The conservative stance in politics, which is “striving only to preserve the status quo” is said in German to seek to “erhalten.”  This is very similar to the English to preserve, to conserve, to maintain.  Yet in the next part, where education is said to be the way “to preserve the world against the mortality of its creators and inhabitants,” this protection of the world against mortality is called in German “im Sein halten,” literally “to hold or to keep in the state of being.”  The point here is not any physical preservation of the world, nor any quasi-metaphysical or Heideggerian elevation of the “world.”  Arendt’s German wording rather suggests that the philosophical is to be found in the world, which she understands as something that emerges from the space in-between people: the in-between of the many and diverse.  Finally, the task of education to be conservative and to “preserve” the revolutionary in every child is called “bewahren” in the German version, i.e., to retain and perpetuate, literally: to keep true—to keep the newness true.

“Erhalten,” “im Sein halten,” “bewahren”—these differentiations of the “conservative attitude” of education that Arendt develops in German on the conceptual level must be conveyed through context in English.  This does not mean that the English is deficient.  Rather, it demands that the reader reflect on the particularity of each appearance of “to preserve.”  Arendt’s German text lends the direction of these reflections important impetus.

Likewise, a decisive conceptual impetus for Arendt’s German lecture comes from the English.  In the middle of the passage on the conservative attitude in education, she quotes an English line from Shakespeare’s Hamlet: “The time is out of joint. O cursed spite that ever I was born to set it right.”  The literary citation is not tasked with illustrating a theoretical reflection.  Arendt thinks and writes with the poetic thought of this verse.  In the German lecture she uses an unusual construction, saying that the world must be (newly) “eingerenkt”—it is the German equivalent of “to set it right,” if one reads “joint” literally as the joint of a body; the usual translation of “out of joint” is “aus den Fugen,” where “Fuge” has more the connotation of “seam,” “interstice,” or “connection.”  In this way Arendt answers the English literally and therefore newly in German.  She gives her text a “figurative posture,” which advocates for a plurality of languages.  This can also be understood as a political gesture against the totalizing assertion of one homogenous language (of truth, of philosophy etc.).

All of this is possibly less revolutionary than the “newness” that each child brings into the world.  And yet a reflection of it is brought “as a new thing into an old world.”  In addition, Hamlet’s line “that ever I was born to set it right” being placed in the charged context of Arendt’s thoughts on natality (the human condition of being born, which equips every newcomer with “the capacity of beginning something anew, that is, of acting”) challenges both perspectives on action: Is Shakespeare’s Hamlet more capable of taking action than we usually think?  Is Arendt’s “newcomer” more bound in his or her actions than we typically assume?  Arendt’s mode of writing preserves an educating esprit for her readers.

—Thomas Wild, with Anne Posten

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
22Jun/1213

Roberto Unger: A Wartime Economy Without a War

"Ouch."

With that simple yet evocative Facebook status update, I was led this week on a journey into my intellectual past.

The link attached to the painful interjection led to a video by Roberto Mangabeira Unger. It is a provocative video titled "Beyond Obama." It calls for progressives to work for the defeat of Presidential Barack Obama in the 2012 election. Some will welcome this and others will decry it. Today, I want to understand where Unger's call comes from.

Unger is one of those renaissance men who continually pop up in the most unexpected and extraordinary places. He has been, for many years, a professor of law at Harvard Law School. While there he taught anHarvard wrote widely on law, politics, and philosophy. His book Knowledge and Politics called to me and inspired me to dream of the possibility of a better world. Unger was also the intellectual godfather of the school of critical legal studies. When I was studying law and philosophy with Austin Sarat in the 1980s, Unger was one of my intellectual heroes.

The premise of critical legal studies is that law and legal concepts like rights or constitutions are neither natural nor scientific, but expressly political. Unger sought a political-legal approach that permits the "loosening of the fixed order of society." If legal rights were once seen as objective and neutral, Unger sought to employ law as a tool to transform society. What is needed, he writes, is a "deviationist doctrine" that employs law to "disrupt established institutions and forms of social practice that have achieved the insulation and have encouraged the retrenchment of social hierarchy and division that the entire constitution wants to avoid."

In other words, rights and laws must be mobilized to upset outmoded institutions; what makes Unger different is that he is not an anarchist or opposed to law and government. On the contrary, he imagines his program a "superliberalism."

Tied to his legal work, Unger's general philosophy speaks the language of the imagination. Life, Unger affirms, is always fleeting, and yet is "always something higher than it was before." His work sought to "establish a new system of thought that sweeps away the difficulties" of the present. Against theoretical critiques that muster partial assaults on liberal ideas, Unger demands that we comprehend and replace the entirety of liberalism as a psychological, economic, and political system.  He thinks big and paints in broad strokes.

As ambitious as Unger is, he never loses himself in abstract theory. Thus it was not a surprise when he took leave from Harvard and became a minister of strategic affairs in Brazil. Serving under President Luiz Inácio Lula da Silva, Unger was styled a "minister of ideas." He described his role as transforming  “imagination into the possible.”

Unger is now back at Harvard Law School, but he is still engaged with politics. His mystique and renown are so great on the left in the U.S. that the fact that he had taught Barack Obama when the future was a Harvard Law student, lent imaginative left-wing credibility to the pragmatic Illinois Senator.

It thus came as a shock—to some—when a video by Unger flashed around the Internet last week, in which Unger calmly and yet mercilessly criticized President Obama. For the future of the United States, Unger argues, President Obama must be defeated. He says this starkly:

President Obama must be defeated in the coming election. He has failed to advance the progressive cause in the United States.

And he continues raising the stakes:

Unless [President Obama] is defeated, there cannot be a context for the reorientation of the Democratic party as the vehicle of a progressive alternative in the country.

Most on the left will ignore Unger's warning. That would be a mistake.

Unger argues that President Obama and the left (and also the right) have fundamentally misunderstood the nature of the current financial and political crisis. The left and the president see the crisis as a typical recession; their doctrinaire answer is Keynsianism, stimulus to get us over the hump and return the economy to health. But the truth is very different. Here is Unger's analysis:

The country stopped producing at competitive prices enough goods and services that the rest of the world wants.  It then tried to escape the consequences of this failure by living as if the failure had not occurred. It put a fake credit democracy in place of the property owning democracy that it turned into an ever more distant ideal. The government bribed, placated, and finally abandoned the people, instead of equipping them.

Governments at all levels in the United States and also in Europe and Japan have basically told their citizens that everything will be alright. They kept borrowing and spending to support an unsustainable standard of living without ever insisting that the money be used to make goods and services that other people actually would buy. The result is that we have an economic system that simply cannot continue without government stimulus in the form of debt.  And that cannot continue indefinitely.

In three lectures on Keynsianism, Unger argues that both right and left economists have adopted a vulgar Keynsianism, which holds that,

A crisis brought on by too much confidence, too much credit, and too much spending requires for a fix more confidence, more credit, and more spending.

In his critique of Keynsianism, Unger sounds a bit like Hunter Lewis who gave the keynote lecture to the Arendt Center's 2009 Conference on The Intellectual Origins of the Financial Crisis. In his talk, which will soon be published in September in the forthcoming volume of the same name, Lewis argued:

The policies of George W. Bush and Barack Obama have come directly out of Keynes’s playbook. Consequently they have that paradoxical, stand common sense on its head, flavor. For example, we are told that: The Crash of '08 was caused by too much debt. We will therefore solve it by adding more debt.

But where Lewis argues for a certain austerity, Unger's critique of Keynsianism leads in a different direction. What is needed is not mere stimulus, he argues, but massive institutional experiments in the widening of educational and economic opportunity.

The basic insight is simple. It is a mistake to think that Keynsian stimulus got us out of the Great Depression. Stimulus failed throughout the 1930s. What got us out of the Great Depression in the 1940s was a bold, broad-based, and massive deployment of resources in the association of governments with private producers to fight WWII.

The question Unger forces us to ask today is: How can we have a wartime economy without a war?

President Obama has not asked such a question. Instead, he has simplified his economic program into a vulgar Keynsian support for stimulus. In Unger's words, President Obama has done the following:

He has spent trillions of dollars to rescue the moneyed interests and left workers and homeowners to their own devices.

He has subordinated the broadening of economic and educational opportunity to the important but secondary issue of health care.

He has disguised his surrender with an empty appeal to tax justice.

He has delivered the politics of democracy to the rule of money.

He has reduced justice to charity.

His policy is financial confidence and food stamps.

He has evoked politics of handholding, but no one changes the world without a struggle.

Unless he is defeated, there cannot be a context for the reorientation of the Democratic party as the vehicle of a progressive alternative in the country.

This is a damning critique. While Unger admits that there will be costs and consequences for progressive from a Republican presidency, he calculates that those costs are worth the risk if they might lead to a truly innovative and bold rethinking of politics.

Outside the progressive and conservative calculus, what is important in Unger's message is his analysis of the cowardly approaches of both parties today as well as his call for a bold and new way forward. What Unger wants is to "broaden the gateways of access to the vanguards of innovative knowledge-based production." He argues that we must "disseminate advanced experimental productive practices among the small and medium sized business that form the backbone of the real economy." Above all, we must seek not just stimulus, but renewal.

In other words, what Unger is calling for is a President with vision and character to lead us to a new place. The way out of our crisis is neither stimulus nor austerity, but a war economy without a war, an economy driven by the collective pursuit of commonly agreed upon ideas and actions. Against the false debate between austerity and stimulus, what is needed is courage and risk, the willingness to aim high, and most importantly the preparedness to suffer and struggle in the collective effort to bring a new economy and a new nation into being.

Artist: Jacek Yerka

Such an effort to re-imagine and rebuild the nation requires a leader or leaders. It will not happen on its own through the consensus politics of Occupy Wall Street. Nor will it come from the cowardly austerity of the Tea Party or from the stand-pat conventionalism of liberal Keynsianism.

One wonders where real, unifying leaders might come from — leaders, in the words of David Foster Wallace, who “help us overcome the limitations of our own individual laziness and selfishness and weakness and fear and get us to do better, harder things than we can get ourselves to do on our own.” Such leaders seem unlikely to develop under the current system where candidates utter consultant-tested platitudes designed to offend no one. The question is: How can our overly cautious and hyper-critical age encourage the kind of bold action that Arendt saw was necessary in politics?

The Arendt Center's Fall 2012 Conference is titled "Does the  President Matter?" The title does not ask the conventional question: does it matter if a Republican or a Democrat is elected? Of course it matters, in some ways, and not in others.

Rather, the conference title is meant to provoke the Arendtian question: What would a human politics look like in the 21st century?

Hannah Arendt believed that freedom requires courage. Political leaders, she argued, are those who act in unexpected ways and whose actions are so surprising and yet meaningful as to inspire citizens to re-imagine a common purpose. Active leadership is unpredictable; since a leader inserts a new idea into the world, no one can predict or control how that idea will change the world. Leadership is therefore as risky as it is rare. For Arendt, freedom demands such leadership if life is to remain surprising, new, and human.

Leadership can of course be dangerous, but politics is, for Arendt, always a risky and uncertain endeavor. The great virtue of Robert Unger's recent call to turn away from President Obama's conventional politics is that he asks and challenges us to conceive and actualize a politics that is bold rather than cowardly. Given our current predicaments, that may be our only hope.

As the heat oppresses our bodies on this summer weekend, free your soul and spend 8 minutes watching Robert Mangabeira Unger's essay: Beyond Obama.  His video is your weekend "read."

-RB

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
7Jun/1211

The New Class War: Public vs. Private

Occupy Wall Street focused attention on one conception of class conflict-the super wealthy against the 99%.  As successful as OWS was in spreading its message, almost no legislative agenda emerged.

The Tea Party focused its attention on the tax burdens faced by the middle classes and the upper middle classes.  The villain for the Tea Party is not the .5% who earn over $3 Million every year, but the firefighters and policemen and teachers who protect us and educate our children. The battle the Tea Party is fighting is against a vision of big government that is part reality and part fantasy.

The Tea Party's battle goes to the heart of who we are as a nation and it is less a battle between rich and poor than between progressives and conservatives. The Tea Party has given laser-like focus to what will now be a defining battle of the decade: Is the government going to continue to play a leading role in providing our health care, protecting the environment, and supporting our industries.

After Tuesday, one must face the facts that the Tea Party is winning in the democratic forum. Four votes Tuesday make this clear.

•Scott Walker's victory in the recall election in Wisconsin proves that even in democratic states with a historically pro-union electorate, the anger against public unions is palpable.

•Voters in San Diego and San Jose approved referendum that not only cut future pension benefits for public workers but more radically cut pensions for current workers as well.

•The City Council in Stockton, California granted the City Manager authority to declare bankruptcy—Stockton would be the largest city ever in the US to have done so.

It is important to note that the battle is not over welfare or even over healthcare.  Scratch beneath the surface and the Tea Party is not anti-welfare. In The Tea Party and the Remaking of Republican Conservatism, Theda Skocpol and Vanessa Williamson, Harvard scholars who have interviewed adherents of the new insurgency in different regions of the country, report that:

83% of South Dakota Tea Party supporters said they would prefer to “leave alone” or “increase” Social Security benefits, while 78% opposed cuts to Medicare prescription drug coverage, and 79% opposed cuts in Medicare payments to physicians and hospitals…. 56% of the Tea Party supporters surveyed did express support for “raising income taxes by 5% for everyone whose income is over a million dollars a year.

While the Tea Party activists are eager to shrink government, they do not seem to welcome a decimation of the welfare state. If the battle is not over a minimal welfare state, it is a battle over public sector unions.

Why are public sector unions so important?

My colleague and Arendt Center friend, Walter Russell Mead, articulates an answer. At the core of the democratic left for decades has been the "belief in a strong, well-funded state."  The many diverse environmentalists, egalitarians, and progressives have various agendas, but all depend on a vibrant bureaucracy to guide and rationalize public and private life. Some want government to fund schools and universities; other want government to save the environment; another group wants government to guarantee racial, sexual, gender, and religious equality; many want government to provide universal healthcare or guarantee a college education to anyone who wants it. In all these cases, what progressives want, in Mead's words:

Is control of the progressive, bureaucratic government machinery of the 21st century [which] is both the prize for whose control they struggle and the agent they hope will make their dreams real.

Mead encapsulates why the battle over public sector unions is so crucial at this juncture:

A Democratic Party dominated by its public sector unions is a party married to government and to bureaucracy. To the degree that the public unions shape its agenda, the Democrats become a lobby for the servants of the state. For the unions who represent its employees, the bureaucratic, civil service state is a solution permanently in search of new problems to solve and new worlds to conquer. The power of the public unions within the party pulls Democrats much farther to the left than they would otherwise go.

This is one reason the Wisconsin reforms stimulated such a powerful and united emotional wave of push back from virtually every section of the left. The threat to the public unions isn’t just a threat to a powerful source of funding for left-liberal candidates and to strong organizations with political experience and muscle; it’s a threat to the heart of the left coalition and to the structures that give the left much of its power in Democratic and therefore in national politics.

But the dominance of the public unions in the left had consequences for the left itself — bad ones. In contemporary America, the public sector unions are essentially a conservative constituency. That is, their core goal is to get more resources in order to fight all but superficial change in the structures their members inhabit. They want ever growing subsidies to the postal service, the public school system, the colleges and universities, even to health care — but they do not want the kind of reforms that could make these institutions more efficient, more productive, more serviceable.

Illustration by Sean Delonas

Mead offers wise counsel. One can of course believe that the reason for the victories in Wisconsin, San Jose, Stockton, and San Diego is simply the deep pockets of the Koch brothers. And those pockets are deep and deceptive. But money alone does not explain the voters' abandonment of public unions and the progressive model. The nation is seriously rethinking the role of the state and the public in our lives. We should be thinking with them. You can read more of Mead's post here.

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The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.