Hannah Arendt Center for Politics and Humanities
5Aug/130

Amor Mundi – 8/4/13

Arendtamormundi

Hannah Arendt considered calling her magnum opus Amor MundiLove of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.

Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.

What They Know

NSAJames Bamford has an excellent survey of the continuing revelations about the NSA's surveillance activities, bringing us up to date on what the government does and does not know about us. He steers clear of exaggerated accusations, writing: "Of course the US is not a totalitarian society, and no equivalent of Big Brother runs it, as the widespread reporting of Snowden's information shows." But Bamford also details the direction of the current policies, finding their danger in the rise of a security state mentality: "Still, the US intelligence agencies also seem to have adopted Orwell's idea of doublethink-"to be conscious of complete truthfulness," he wrote, "while telling carefully constructed lies." For example, James Clapper, the director of national intelligence, was asked at a Senate hearing in March whether "the NSA collect[s] any type of data at all on millions or hundreds of millions of Americans." Clapper's answer: "No, sir.... Not wittingly.""

XKeyscore: NSA Tool Collects 'Nearly Everything'

keyscoreSpeaking of what the government knows, Glenn Greenwald, writing again in the Guardian, has unveiled the most important part of the NSA surveillance state since his original article over one month ago. XKeyscore is "A top secret National Security Agency program that allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden."

Trayvon Martin: What the Law Can't Do

trayvonIn the New York Review of Books, Steven H. Wright explains the George Zimmerman acquittal to his mother, who, "like many mothers of black sons, couldn't understand how state prosecutors had failed to secure a conviction for the death of seventeen-year-old Trayvon Martin." In doing so, Wright offers one of the most thoughtful accounts of the legal process against Zimmerman - and potential further federal cases. He also explains why it is so difficult to prove at law that a crime was committed because of race: "In either case, the government would have to prove, beyond a reasonable doubt, that race played a role in the death of Martin. In response, Zimmerman has at least two practical defenses. In the first defense, Zimmerman's legal team might strive to introduce evidence demonstrating that he is not prejudiced against African-Americans. As is now well known, some African-Americans have already come to Zimmerman's defense. A black neighbor has said that Zimmerman was the first and only person to welcome her to the neighborhood. Black children have also claimed Zimmerman mentored them. And according to his family Zimmerman has many black friends. The defense undoubtedly would try to ensure that the jurors learned these stories. Imagine if these black friends showed their support by sitting behind Zimmerman at trial. This image alone might persuade some jurors that race was not a motivating factor in Martin's death."

Private Universities and Public Developments

detroitJustin Pope wonders if a large private research institution might have helped Detroit to avoid its recent bankruptcy: "Where is Detroit's Johns Hopkins? Or, to limit the comparison to neighboring Rust Belt states, where is its Carnegie-Mellon, or Case Western Reserve? Why is there no, say, Henry Ford University in Detroit? And if there had been one, would it have made a difference?"

On the Power of Cinema

scorcese"First of all," Martin Scorcese says, discussing and defending the power of the cinema, "there's light. Light is at the beginning of cinema, of course. It's fundamental - because cinema is created with light, and it's still best seen projected in dark rooms, where it's the only source of light. But light is also at the beginning of everything. Most creation myths start with darkness, and then the real beginning comes with light - which means the creation of forms. Which leads to distinguishing one thing from another, and ourselves from the rest of the world. Recognizing patterns, similarities, differences, naming things - interpreting the world. Metaphors - seeing one thing "in light of" something else. Becoming "enlightened." Light is at the core of who we are and how we understand ourselves."

Whither the Jury?

juryAlbert Dzur makes his case, not to the jury, but rather in favor of it: "Lay participation in criminal justice is needed because it brings otherwise attenuated people into contact with human suffering, draws attention to the ways laws and policies and institutional structures prolong that suffering, and makes possible - though does not guarantee - greater awareness among participants of their own responsibility for laws and policies and structures that treat people humanely. Participatory institutions are our best chance at breaking through what philosopher Margaret Urban Walker aptly calls 'morally significant nonperception.' Evasion of concern for others, the dismissal of some as less than fully human, is the first barrier to be surmounted on the way to justice." For more on the importance of the jury to the American tradition of doing justice, see Roger Berkowitz's essay Why We Must Judge.

Featured Events

smallfailingOctober 3-4, 2013

The sixth annual fall conference, "Failing Fast" The Crisis of the Educated Citizen"

Olin Hall, Bard College

Learn more here.

 

 

From the Hannah Arendt Center Blog

This week on the blog, Jeffrey Champlin digs into Arendt's Denktagebuch. For the weekend read, Roger Berkowitz looks at the decline in jury trials and the potential impact that might have. "What acts of judgment exemplified by juries offer are an ideal of justice beyond the law." Lastly, Wednesday brought to a close our 10 day/100 member campaign. We are thrilled to report that we exceeded our goal, and we thank you for all of your support and generosity.

 

1Jul/130

Un-shared Worlds

Arendtquote

“Don’t hold your breath, ‘cause the pretty things are going to hell…”

-David Bowie

In the social spheres in which I circulate, both personal and electronic, reactions to the Supreme Court’s twin same-sex marriage rulings Wednesday have tended to fall fairly neatly into one of two categories, each sprinkled liberally with that unique brand of wry humor that long, bitter struggles breed.  On one side, the watch-phrase of the day is that it is “the end of an era,” a legal victory so pragmatically important and symbolically immense as to mark a break with a past of marginalization and oppression, a coda or at least a caesura in a national timeline of violence.  On the other side, there is a weary gladness that nevertheless casts a wary eye at the map of state-level battles won, and cautions that jubilance be tempered, slightly at least, with the reality that the race is still quite far from run.

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You hear relatively few of those somber cynics of the legal system who otherwise are generally keen to point out that historically, grand Supreme Court victories tend not to turn out very well for civil rights movements in the end.  Then, these tend to be a disagreeable sort to invite to a victory party, anyway.

In that description of my social world, though, lie the seeds both of a kind of beautiful promise and a form of quiet peril in this political moment that is easily lost behind the spectrum of satisfaction and still images of weeping couples.  And how and if and what we capture and carry from this moment hinges, a little at least, in whether or not we can find it in ourselves to tarry on these two things for a time, before resuming our march to where we will have been.  These musings should be taken for no more than that: no parades are meant to be rained on here, nor cynics bashed, nor innocence dispelled by piercing insight.  Simply a tarrying.  A more homemade kind of caesura.

Supreme Court decisions always reveal as much in what they do not settle as in what they do, and the palette of reactions I’ve described does too.  In both cases it is the unsettled, the absent which is both silent and intrusive.  It didn’t strike me until I began to work on this that I know literally not a single person who supported the Defense of Marriage Act (at least I don’t know that I do, which would simply signal another part of the same difficulty).  Not one, and my places of birth generally make the politics of my friends rather diverse (or perhaps more appropriately, in the older sense, queer).  And if that or something close to that experience is a fairly widespread one when we tarry long enough to notice – and I think it is, on both sides of the coin – that is deeply troubling, or ought to be deeply troubling as we paint each other pictures over tables and glasses of the road to come.

Some of the bitter fractiousness that marked Washington’s heights has died down a bit in recent months…this morning brought an until recently unthinkable immigration bill through the Senate, and while it faces a bloodier road in the House, that it may yet reach to foot of the road at all is an extraordinary thing, viewed through the eyes of ourselves a year younger.  But the at least temporary waning of the sheer, violent ugliness of that divisiveness should not obscure the deeper truth that was revealed in those days of “death panels” and other repeated invocations of cold, dead hands.  That the nation is deeply politically divided is facilely true, but also true of nearly all of its short history.  But it is possible that we face now something new, or at least a dangerous new incarnation of an old imp from our democracy’s outlands.

One of the reasons some activists will now focus on finding state-level legal cases in which to use the emphasis on dignity in United States v. Windsor’s majority  and Kennedy’s quite sweeping description of DOMA’s violation of equal protection is that there is a fear in parts of the movement that, without the power of the court, there remain what might be called “The Unreachables”: a handful of states (or more) in which opposition to non-hetero marriages is so entrenched that they cannot be won politically for the foreseeable future.

states

The idea of the Unreachable hints at something much deeper than a simple statistical diversion of views.  If this were the only problem, then demographic trends are, if too slow for some couples who still wait to marry, at least strongly on the movement’s side.  One of Hannah Arendt’s consistent concerns across her writings is the possibility of shared worlds.  Underlying the idea of the unreachable state, whether or not it is recognized, is the possibility that the divergences in politics between various parts of this country are only the symptoms of a deeper reality that individual experiences of the world around them are so different, share so little in common from which to draw a common weal, that in some politically and socially salient sense they are no longer sharing a world.  And in a nation with an ideologically divided media culture, extraordinary and accelerating wealth disparity, and any number of structural mechanisms that favor political extremism over moderation, there is more to this worry than we might be willing to admit.  If I try to cast my soul into the shoes of an evangelical preacher – whose experience of consumption may be far different from mine, whose experience of events of the outside world comes to her or him described in terms immensely unlike mine and contain figures barely recognizable to me, whose social frames and urban structure are radically disparate from my own – who is today mourning with all sincerity, and not cheering…in that moment it’s not moral difference that concerns me, as Scalia invoked in his dissent.  It is the vanishingly thin fabric of a jointly sensed world that seems at stake, a jointly sensed world from which a nation has to be imagined.

There’s a sense in which the one thing that Supreme Court decisions do not do, ironically, is decide.  At least, they do not decide much: they must be interpreted by lower courts and in the process extended or evacuated, they are subject to legislative challenge and circumvention, they have to be enforced and pursued by those outside the legal system.  In that sense, at least, a Supreme Court decision is not an end to anything, let alone an era, and this is why proponents of non-hetero marriage have cautioned each other against over-optimism, the piece of truth in the curmudgeonly dismissal of the power of the High Court.  But this essential malleability and chimeric strength becomes a particularly acute problem when filtered through the problem of un-shared worlds.  There will be some, in those 36 states that have banned non-hetero marriage (a fact which formally at least remains unchallenged by United States v. Windsor) who will be swayed by the rhetorical and symbolic power of Kennedy’s words, that handful that will actually be heard.  But those words, such few of them as trickle down the communicative chain, and the content of the decision, will by necessity be received filtered through social worlds both rich and rigidified.  And as sociopolitical soil for Kennedy’s words, some of those worlds are very hostile worlds, indeed.

But in another way, that is exactly the promise in moments like Kennedy’s decision.  What’s important about decisions, contra their image and verbiage, is precisely that they are never an end to anything.  Their more significant function is not their symbolism, but that they begin.

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The irony of a legal judgment is that, from the moment it is uttered, it becomes itself the subject of judgment.  It is judged by lawyers, it is judged by lawmakers, it is judged by commentators…and it is judged by janitors and welders and artists and firefighters, equally.  And as we circle our collective judgments around a mass of words uttered into our national vocabulary, a possibility is born.  Certainly, we may simply pat our social selves on each other’s backs, and revel in our joy (or anger) that we know already to be shared.  That’s not such a terrible thing itself.  But the greater promise of the day, and the institution, is that it begins something that is shared, however thinly, between Farragut, Tennessee and Coolidge, New Mexico.  It raises the possibility that our thoughts and judgments, a few at least, through those connections that remain in our worlds across lines built by mobile histories, might find their way into corners of other worlds.  It is in those moments, those moments when we are confronted by someone who is a part of our lives, national or personal, for whom the experience of the day is profoundly different, that a thin tissue of sharing an object of judgment is vital.  It may lead to the discovery of commonalities, it may lead to violent disagreement along all-to-familiar lines, but either way, a language is being born across worlds.  Here, in this issue, that language is a language around what is most intimate to us, the most precious and tumultuous and defining parts of our lives: our lives with intimate others.  And if we can share our lives with intimate others across the bounds of un-shared worlds, even in fraction and splice…then that world will not remain so un-shared, and another small bridge has been built between that which joins ourselves and our partners, our friends, our paramours, to each of our impish outlands.  And that, that is cause for hope.

-Ian Storey

3Jan/130

Shadow Dance of the Fiscal Cliff

The Hannah Arendt Center has followed the shadow dance of the fiscal cliff less for its fiscal than for its political lessons. While a deal was struck, it is hard not to be impressed by the breakdown of our political class. Like the Europeans, we are now officially kicking the can down the road, refusing to address our meaningful problems. There is, in short, no political will and no political leadership with the courage and willingness to act in ways that might help us imagine a new way out of our predicament.

One could say it is the fault of voters. But there is a funny thing happening in politics. The House of Representatives, which is supposed to be the most populist of the major branches of government, is the one branch of government that is calling loudly for painful spending cuts and resisting the rise of our out-of-control debt. True the House is calling for tax cuts, but so too did the Senate and the President. What distinguishes the House now is its insistence on cutting spending. The Senate and President—imagined to be more protected from popular will—are instead combining now to cut taxes, increase spending, and keep the gravy train of government-subsidized stimulus flowing. In a strange way, it is the political body most responsive to voters that is at least calling for change—even if the House Republicans refuse to be honest about what those changes would be or what they would mean. Why or how has this political inversion happened?

One of the few Senators who voted against the compromise is Michael Bennett, the Democratic Senator from Colorado who was supposed to be cliff jumping in Vail (it’s nice here!) but stayed in Washington to vote “No.” Interviewed by Maureen Dowd in The New York Times, Bennett says: “Going over the cliff is a lousy choice and continuing to ignore the fiscal realities that we face is a lousy choice.” Bennett, a free thinking Democrat, knows that things have to change.

"The burden of proof has to shift from the people who want to change the system to the people who want to keep it the same,” he said. “I think if we can get people focused to do what we need to do to keep our kids from being stuck with this debt that they didn’t accrue, you might be surprised at how far we can move this conversation.

But what is it about the system that needs to change? Some see this as simply a matter of policy. Nouriel Roubini, writing today in the Financial Times, thinks taxes need to go up for all Americans to help support a welfare state that is drastically underfunded and yet ever-so necessary:

Neither Democrats nor Republicans recognise that maintaining a basic welfare state, which is right and necessary in our age of globalisation, rapid technological change and demographic pressure, implies higher taxes for the middle class as well as for the rich. A deal that extends unsustainable tax cuts for 98 per cent of Americans is therefore a pyrrhic victory for Mr. Obama.

Roubini may very well be right. But as he himself recognizes, the political will to exercise this transformation is simply not there. What that means policy wise, I do not know.

-RB

25Sep/120

Does the President Matter?

“Hence it is not in the least superstitious, it is even a counsel of realism, to look for the unforeseeable and unpredictable, to be prepared for and to expect “miracles” in the political realm. And the more heavily the scales are weighted in favor of disaster, the more miraculous will the deed done in freedom appear.”

                        —Hannah Arendt, What is Freedom?

This week at Bard College, in preparation for the Hannah Arendt Center Conference "Does the President Matter?", we put up 2 writing blocks around campus, multi-paneled chalkboards that invite students to respond to the question: Does the President Matter?  The blocks generated quite a few interesting comments. Many mentioned the Supreme Court. Quite a few invoked the previous president, war, and torture. And, since we are at Bard, others responded: it depends what you mean by matters.

This last comment struck me as prescient. It does depend on what you mean by matters.

If what we mean is, say, an increasing and unprecedented power by a democratic leader not seen since the time of enlightened monarchy, the president does matter. We live in an age of an imperial presidency. The President can, at least he does, send our troops into battle without the approval of Congress. The President can, and does, harness the power of the TV, Internet, and twitter to bypass his critics and reach the masses more directly than ever before. The president can, and does, appoint Supreme Court Justices with barely a whimper from the Senate; and the president’s appointments can, and do, swing the balance on a prisoner’s right to habeas corpus, a woman’s right to choose, or a couple’s right to marry.

And yet, what if by matter, we mean something else? What if we mean, having the power to change who we are in meaningful ways? What if by matter we mean: to confront honestly the enormous challenges of the present? What if by matter we mean: to make unpredictable and visionary choices, to invite and inspire a better future?

­On the really big questions—the thoughtless consumerism that degrades our environment and our souls; the millions of people who have no jobs and increasingly little prospect for productive employment; the threat of devastating terrorism; and the astronomical National Debt: 16 trillion and counting for the US. -- That is $140,000 for each taxpayer. -- Add to that the deficiency in Public Pension Obligations (estimated at anywhere from $1 to $5 trillion.) Not to mention the 1 trillion dollars of inextinguishable student debt that is creating a lost generation of young people whose lives are stifled by unwise decisions made before they were allowed to buy a beer.

This election should be about a frank acknowledgement of the unsustainability of our economic, social, and environmental practices and expectations. We should be talking together about how we should remake our future in ways that are both just and exciting. This election should be scary and exciting. But so far it’s small-minded and ugly.

Around the world, we witness worldwide distrust and disdain for government. In Greece there is a clear choice between austerity and devaluation; but Greek leaders have saddled their people with half-hearted austerity that causes pain without prospect for relief.  In Italy, the paralysis of political leaders has led to resignation and the appointment of an interim technocratic government. In Germany, the most powerful European leader delays and denies, trusting that others will blink every time they are brought to the mouth of the abyss.

No wonder that the Tea Party and Occupy Wall Street in the US, and the Pirate Parties in Europe share a common sense that liberal democratic government is broken. A substantial—and highly educated—portion of the electorate has concluded that our government is so inept and so compromised that it needs to be abandoned or radically constrained. No president, it seems, is up to the challenge of fixing our broken political system.

Every President comes to Washington promising reform!  And they all fail.  According to Jon Rauch, a leading journalist for The Atlantic and the National Journal, this is inevitable. He has this to say in his book Government's End:

If the business of America is business, the business of government programs and their clients is to stay in business. And after a while, as the programs and the clients and their political protectors adapt to nourish and protect each other, government and its universe of groups reach a turning point—or, perhaps more accurately, a point from which there is no turning back. That point has arrived. Government has become what it is and will remain: a large, incoherent, often incomprehensible mass that is solicitous of its clients but impervious to any broad, coherent program of reform. And this evolution cannot be reversed.

On the really big questions of transforming politics, the President is, Rauch argues, simply powerless. President Obama apparently agrees. Just last week he said, in Florida: "The most important lesson I've learned is that you can't change Washington from the inside. You can only change it from the outside."

A similar sentiment is offered by Laurence Lessig, a founding member of Creative Commons. In his recent book Republic 2.0, Lessig writes:

The great threat today is in plain sight. It is the economy of influence now transparent to all, which has normalized a process that draws our democracy away from the will of the people. A process that distorts our democracy from ends sought by both the Left and the Right: For the single most salient feature of the government that we have evolved is not that it discriminates in favor of one side and against the other. The single most salient feature is that it discriminates against all sides to favor itself. We have created an engine of influence that seeks not some particular strand of political or economic ideology, whether Marx or Hayek. We have created instead an engine of influence that seeks simply to make those most connected rich.

The system of influence and corruption through PACs, SuperPacs, and lobbyists is so entrenched, Lessig writes, that no reform seems plausible.  All that is left is the Hail Mary idea of a new constitutional convention—an idea Lessig promotes widely, as with his Conference On the Constitutional Convention last year at Harvard.

For Rauch on the Right and Lessig on the Left, government is so concerned with its parochial interests and its need to stay in business that we have forfeited control over it. We have, in other words, lost the freedom to govern ourselves.

The question  "Does the President Matter?" is asked, in the context of the Arendt Center conference, from out of Hannah Arendt's maxim that Freedom is the fundamental raison d'etre of politics. In "What is Freedom?", Arendt writes:

“Freedom is actually the reason that men live together in political organization at all. Without it, political life as such would be meaningless. The raison d’être of politics is freedom.”

So what is freedom? To be free, Arendt says, is to act. Arendt writes: "Men are free as long as they act, neither before nor after; for to be free and to act are the same.”

What is action? Action is something done spontaneously. It brings something new into the world. Man is the being capable of starting something new. Political action, and action in general, must happen in public. Like the performing arts—dance, theatre, and music—politics and political actions requires an audience. Political actors act in front of other people. They need spectators, so that the spectators can be drawn to the action; and when the spectators find the doings of politicians right, or true, or beautiful, they gather around and form themselves into a polity. The political act, the free act must be surprising if it is to draw people to itself. Only an act that is surprising and bold is a political act, because only such an act will strike others, and make them pay attention.

The very word politics derives from the Greek polis which itself is rooted in the Greek pelein, a verb used to describe the circular motion of smoke rings rising up from out of a pipe. The point is that politics is the gathering of a plurality around a common center. The plurality does not become a singularity in circling around a polestar, but it does acknowledgement something common, something that unites the members of a polity in spite of their uniqueness and difference.

When President Washington stepped down after his second term; when President Lincoln emancipated the slaves; when FDR created the New Deal; when President Eisenhower called the Arkansas National Guard into Federal Service in order to integrate schools in Little Rock; these presidents acted in ways that helped refine, redefine, and re-imagine what it means to be an American.

Arendt makes one further point about action and freedom that is important as they relate to the question: Does the President Matter? Courage, she writes, is "the political virtue par excellence."  To act in public is leave the security of one's home and enter the world of the public. Such action is dangerous, for the political actor might be jailed for his crime or even killed. Arendt's favorite example of political courage is Socrates, who was killed for his courageous engagement of his fellow Athenians. We must always recall that Socrates was sentenced to death for violating the Athenian law.

Political action also requires courage because the actor can suffer a fate even worse than death. He may be ignored. At least to be killed for one's ideas means that one is recognized as capable of action, of saying and doing something that matters. To be ignored, however, denies the actor the basic human capacity for action and freedom.

One fascinating corollary of Arendt's understanding of the identity of action and freedom is that action, any action—any original deed, any political act that is new and shows leadership—is, of necessity, something that was not done before. It is, therefore, always against the law.

This is an insight familiar to readers of Fyodor Dostoevsky. In Crime and Punishment Raskolnikov says:

Let's say, the lawgivers and founders of mankind, starting from the most ancient and going on to the Lycurguses, the Solons, the Muhammads, the Napoleons, and so forth, that all of them to a man were criminals, from the fact alone that in giving a new law they thereby violated the old one.

All leaders are, in important ways, related to criminals. This is an insight Arendt and Nietzsche too share.

Shortly after we began to plan this conference, I heard an interview with John Ashcroft speaking on the Freakonomics Radio Show. He said:

"Leadership in a moral and cultural sense may be even more important than what a person does in a governmental sense. A leader calls people to their highest and best. ... No one ever achieves greatness merely by obeying the law. People who do above what the law requires become really valuable to a culture. And a President can set a tone that inspires people to do that."

My first reaction was: This is a surprising thing for the Attorney General of the United States to say. My second reaction was: I want him to speak at the conference. Sadly, Mr. Ashcroft could not be with us here today. But this does not change the fact that, in an important way, Ashcroft is right. Great leaders will rise above the laws in crisis. They will call us to our highest and best.

What Ashcroft doesn't quite say, and yet Arendt and Dostoevsky make clear, is that there is a thin and yet all-so-important line separating great leaders from criminals. Both act in ways unexpected and novel. In a sense, both break the law.

But only the leader's act shows itself to be right and thus re-makes the law.  Hitler may have acted and shown a capacity for freedom; his action, however, was rejected. He was a criminal, not a legislator.  Martin Luther King Jr. or Gandhi also broke the laws in actions of civil disobedience. Great leader show in their lawbreaking that the earlier law had been wrong; they forge a new moral and also written law through the force and power of moral example.

In what is perhaps the latest example in the United States of a Presidential act of lawbreaking, President George W. Bush clearly broke both U.S. and international law in his prosecution of the war on terror. At least at this time it seems painfully clear that President George W. Bush's decision to systematize torture stands closer to a criminal act than an act of great legislation.

In many ways Presidential politics in the 21st takes place in the shadow of George W. Bush's overreach. One result is that we have reacted against great and daring leadership. In line with the spirit of equality that drives our age, we ruthlessly expose the foibles, missteps, scandals and failures of anyone who rises to prominence. Bold leaders are risk takers. They fail and embarrass themselves. They have unruly skeletons in their closets. They will hesitate to endure and rarely prevail in the public inquisition that the presidential selection process has become.

These candidates, who are inoffensive enough to prevail, are branded by their consultants as pragmatists. Our current pragmatists are Products of Harvard Business School and Harvard Law School. Mr. Romney loves data. President Obama worships experts. They are both nothing if not faithful to the doctrine of technocratic optimism, that we with the right people in charge we can do anything. The only problem is they refuse to tell us what it is they want to do. They have forgotten that politics is a matter of thinking, not a pragmatic exercise in technical efficiency.

Look at the Mall in Washington: the Washington monument honors our first President,  the Jefferson Memorial, the Lincoln Memorial, the Memorial to Franklin Delano Roosevelt.  There is not a monument to any president since FDR. And yet, just 2 years ago we dedicated the Martin Luther King Memorial. It doesn't seem like an accident that the leaders of the Civil Rights Movement were not politicians. Our leaders today do not gravitate to the presidency. The presidency does not attract leaders. Bold leaders today are not the people running for office.

Yet, people crave what used to be called a statesman. To ask: "Does the President Matter?" is to ask:  might a president, might a political leader, be able to transform our nation, to restore the dignity and meaning of politics? It is to ask, in other words, for a miracle.

At the end of her essay, "What is Freedom?", Hannah Arendt said this about the importance of miracles in politics.

Hence it is not in the least superstitious, it is even a counsel of realism, to look for the unforeseeable and unpredictable, to be prepared for and to expect “miracles” in the political realm. And the more heavily the scales are weighted in favor of disaster, the more miraculous will the deed done in freedom appear.

She continued:

It is men who perform miracles—men who because they have received the twofold gift of freedom and action can establish a reality of their own.

I don't know if the president matters.

But I know that he or she must. Which is why we must believe that miracles are possible. And that means we, ourselves, must act in freedom to make the miraculous happen.

In the service of the not-yet-imagined possibilities of our time, our goal over the two days of the conference days was to engage in the difficult, surprising, and never-to-be-understood work of thinking, and of thinking together, in public, amongst others. We heard from philosophers and businessmen, artists and academics. The speakers came from across the political spectrum, but they shared a commitment to thinking beyond ideology. Such thinking is itself a form of action, especially so in a time of such ideological rigidity. Whether our meeting here at Bard gives birth to the miracle of political action--that is up to you.  If we succeeded in thinking together, in provoking, and in unsettling, we perhaps sowed the seeds that will one day blossom into the miracle of freedom.

-RB

Watch Roger's  opening talk from the conference, "Does the President Matter?" here.

13Aug/125

Does Paul Ryan Matter? On the Limitations of the Rhetorical Presidency

One week ago this was the most important and yet the most boring election in history. No longer. Ryan's selection adds a jolt of seriousness and consequentialness to the next 90 days of electioneering. Or at least so we are told. Why?

Because Ryan has been, over the last year, one of the very few politicians in the United States who seems to really understand the magnitude of the crisis we are facing and who is willing to propose and support radical steps to address it. His proposed budget is draconian. It has some great ideas, including simplifying the tax code and getting rid of tax breaks like the Carried Interest provision. And yet, it is one-sided and highly partisan. Ryan calls for enormous cuts to the entitlements that will cause incredible suffering to the poor and middle classes, while providing large tax cuts for the wealthiest Americans. If we are to suffer to repay our debts, as I think we must, we must all suffer together.

It is hard to imagine that Ryan's budget is what most Americans want or should want. And yet, Ryan's willingness to propose a deeply unpopular budget and argue eloquently and strongly for it is praiseworthy. At times, it seems as if Ryan is the only grown up in the room, the only politician who is willing to deal honestly with our predicaments.

The opinion that the election is now more meaningful and more serious is one that many share—on both the left and the right. On the right, Ryan's selection means that the election is a referendum on the crisis of big government. Glenn Reynolds writes in  USA Today :

Romney's selection of Ryan shows that he understands the dire nature of the problem, and that he's serious about addressing it.

Paul Rahe argues that Romney's choice amounts to a clarion call for radical change:

In choosing Paul Ryan as his Vice-Presidential nominee, Mitt Romney has opted to go for broke, and he has indicated that he is a serious man — less concerned with becoming President of the United States than with saving the country from the disaster in store for it if we not radically reverse course, willing to risk a loss for the sake of being able to win a mandate for reform.

And in the Wall St. Journal (which ran an Op-Ed calling upon Romney to select Ryan) Gerald Seib could hardly contain his excitement:

The Ryan pick wasn’t the safest one Mr. Romney could have made—not by a long shot. But as the author of the budget plan that most clearly delineates the view of limited government that most Republicans hold, and with more specificity and crystalline explanation than most can muster, Mr. Ryan best guarantees the country will get the kind of philosophical debate worthy of a presidential campaign.

On the left as well, there is a gleeful sense that Ryan's presence on the ticket will prove President Obama's claim that this is the most important election in ages. For Democrats, Ryan's extremism is a blessing, allowing them to paint Romney-Ryan as out-of-touch radicals who will undo a century of gains in middle class benefits while giving tax breaks to the very wealthiest Americans.

John Cassidy, at The New Yorker, writes that Ryan is a dream pick for Obama-Biden because it makes the election what Obama has said it is all along—a choice between Obama's moderation versus Romney and Ryan's radicalism:

In placing a lightning rod like Ryan on the ticket, Romney appears to have decided that the best form of defense is attack. For months, he and his campaign have been trying to turn the election exclusively into a referendum on Obama’s record. That strategy has now been abandoned. Ryan’s mere presence ensures that the election will be framed in the way that Team Obama has wanted all along: as a choice between the President’s moderate progressivism and the anti-government radicalism of today’s G.O.P.

John Nichols at The Nation agrees and argues that Ryan solidifies Romney's choice to run far to the right—so far as to be out of touch with the moderate electorate. This means, he writes, that team Obama can win big.

On every issue that you can imagine, from reproductive rights to environmental protection to labor rights, Ryan stands to the right. Way to the right.  The Ryan selection moves the Grand Old Party harder to the right than at any time since 1964, when the true believers got a nominee, a platform and 39 percent of the vote. America’s more divided now. The Romney-Ryan ticket will run better than Goldwater and Bill Miller did forty-eight years ago, But by bending so far toward the base, Romney has given the Democrats an opportunity to dream not just of winning but of winning bigger than anyone dared imagine forty-eight weeks or even forty-eight days ago.

Thomas B. Edsall writes over at the NY Times, that the Center on Budget and Policy Priorities, "a well-respected liberal think tank," describes the Ryan budget this way:

The new Ryan budget is a remarkable document — one that, for most of the past half-century, would have been outside the bounds of mainstream discussion due to its extreme nature. In essence, this budget is Robin Hood in reverse — on steroids.  It would likely produce the largest redistribution of income from the bottom to the top in modern U.S. history and likely increase poverty and inequality more than any other budget in recent times (and possibly in the nation’s history). ... Even as House Budget Committee Chairman Paul Ryan’s budget would impose trillions of dollars in spending cuts, at least 62 percent of which would come from low-income programs, it would enact new tax cuts that would provide huge windfalls to households at the top of the income scale. New analysis by the Urban-Brookings Tax Policy Center finds that people earning more than $1 million a year would receive $265,000 apiece in new tax cuts, on average, on top of the $129,000 they would receive from the Ryan budget’s extension of President Bush’s tax cuts. The new tax cuts at the top would dwarf those for middle-income families. After-tax incomes would rise by 12.5 percent among millionaires, but just 1.8 percent for middle-income households. Low-income working families would actually be hit with tax increases.

For the left, Ryan moves Romney outside of the political mainstream and thus offers a stark contrast with the middle-of-the-road President. They agree with the right on the basic contrast. And yet each side believes the contrast works in their favor. This is because, of course, each side increasingly speaks only to itself and has so convinced itself that it is absolutely right that it cannot imagine anyone disagreeing with it.

A new received wisdom is emerging and the pundits on the left and right agree: Ryan's place in the election makes this a watershed election that will be a referendum on the future of the country. And even from a position outside partisan pugilism, Walter Russell Mead makes the point that the selection of Paul Ryan guarantees that this is an important election. In perhaps the most clear-headed and provocative essays on the Ryan selection I've read, Mead writes:

2012 looks like an election between two united parties who will both be enthusiastic and both be convinced that the fate of the nation hangs on the November result. That’s a good thing, on the whole, for the country. Whatever else can be said about our electoral politics, nobody can argue that they are inconsequential or that real issues have disappeared. This is a serious election about important affairs and the two sides will both be offering a coherent vision of American values that allows voters to make a clear choice.

There is something hopeful and true in this consensus that Ryan will up the seriousness of this race. I remain skeptical. Here is why.

We have to question the basic assumption that sharpening the question in the election will lead to a greater likelihood that the winning side will successfully carry out its agenda. This seems unlikely for the simple reason that the stark question being posed is furthering the partisan split in the country rather than seeking a middle ground. Rather than a sustained debate, we are just as likely to watch both sides dig themselves into ever-more-fortified trenches on opposing sides of the partisan front. What this means is the Ryan's selection is just as likely to increase the partisanship and vitriol in American politics as it is to elevate the tone of the election to being one about ideas and the future of the country. As the two sides become more polarized, the chances are diminished that either party will be able to actually make the kinds of radical changes that both think are necessary.

The reason for this is the basic institutional limitations that our constitutional system places on the power of the President. For all the talk in recent years about an "Imperial Presidency," the facts are largely otherwise. Outside of foreign policy, the president is largely constrained to make far-reaching policy changes. Large bureaucracies, a resilient and skeptical media, and now the fractured political world of competing ideological realities—each with their own newspapers, news shows, and blogs—means that it is increasingly difficult to imagine a President with the power to drive through a meaningful agenda.

Just consider, if the Democrats retain control of the Senate, they will be able to negotiate major concessions in or even block entirely any Republican efforts to roll back entitlements. And even if the Democrats lose the Senate, the power of the filibuster means that they will be able to block many of the more extreme Republican initiatives. The same dynamic goes the other way as we have seen. Republicans have been able to frustrate much of President Obama's domestic agenda, even when the President had large majorities in both houses of Congress. The demands for ideological purity on both sides rewards conviction politicians like Paul Ryan and Barack Obama, but it does not necessarily bode well for a serious and deliberative approach to our real political problems.

At the root of this difficulty is the fallacy of  The Rhetorical Presidency. As Jeffrey Tulis argues, the most fundamental shift in American politics since the Founding has been the rise of a rhetorical presidency: The idea that the President should lead as a popular leader.

Tulis writes that from the Founders until the early 20th century, U.S. Presidents assiduously avoided trying to become popular leaders. As an institution, the Presidency was designed to resist the power of demagoguery and yet also to stand as a check on the power of Congress. The president himself engaged with Congress, but did not mobilize the people as a popular leader.

The role of the President changed with Woodrow Wilson. Wilson insisted that only a president could like a lightning rod call forth the will of the people "unconscious of its unity and purpose" and "call it into full consciousness." For Wilson, the President leads with simplicity. Wilson writes:

Mark the simplicity and directness of the arguments and ideas of [true leaders.] The motives which they urge are elemental; the morality which they seek to enforce is large and obvious; the policy they emphasize, purged of all subtlety.

If early American Presidents were forbidden to use direct appeals to the people, Wilson insists that modern 20th century presidents must do so. And as Tulis shows, Wilson's ideas underlie our modern idea of the president as a popular leader.

Tulis is not interested in defending or condemning the rhetorical presidency, but in exploring its possibilities and limitations. He makes an exceptional point that while 20th century presidents like Wilson and Lyndon Johnson regularly appeal to the people, "the same popular rhetoric that provided the clout for victory [e.g. in in Johnson's War on Poverty] substituted passionate appeal and argument by metaphor for deliberation." The rise of rhetorical presidency and the tools for popular leadership may at times be politically effective, but they clash with the institutional role of the President who must still work with Congress. The President's popular leadership translates poorly into legislative deliberation and thus often yields less of a change or less good change than was sought. One can see this exemplified in President Obama's attempt to mobilize his enormous popular mandate to reform healthcare.

While the modern rhetorical President can enlist the people to pressure the legislature, there are limits and consequences to these pressures. Congress can resist the power of the presidency, as the recent abuse of the filibuster shows. What is more, the increase in speeches and popular appeals constitutes, in Tulis' prophetic words,

a decay of political discourse. It replaces discussion structured by contestability of opinion inherent to issues with a competition to please or manipulate the public. ... The rhetorical presidency enhances the tendency to define issues in terms of the needs of persuasion rather than to develop a discourse suitable for the illumination and exploration of real issues—that is, problems that do not depend upon the certification of a public opinion poll to be recognized as needful of examination. It is increasingly the case that presidential speeches themselves have become the issues and events of modern politics rather than the medium through which issues and events are discussed and assessed. Subsequent speeches by presidents and other politicians often continue to elaborate the fictive world created in the initial address, making that world, unfortunately, a constitutive feature of "real" national politics.

What Tulis forces us to confront is the possibility that the very kind of rhetorical leadership that makes Barack Obama and Paul Ryan such compelling politicians leads to a transformation of politics in which passions and fictive worlds replace the sober discussion of policy. As appealing and promising as such rhetorical leadership appears, it too frequently spends its power on populist slogans that translate poorly into real legislative transformation.

There is a strange disconnect between the rise of a rhetorical presidency and the common sense of an increasingly cynical public that thinks the choice of president seems to move the needle very little. While the papers and blogs are filled with assurances that now the election is serious (a necessary belief to sell papers and drive traffic), the people don't always agree.

At a time of mediated and fragmented politics, the promise of bold political leadership is ever less likely. Given the apparent abdication of leadership throughout our politics, we must ask: Does the President Matter? This seems an absurd question as we confront what is imagined to be such a consequential election. And yet, as the country is about to elect a President, it is a pressing question.

Precisely because it is an open question whether the President can translate his popular appeal into political leadership, the Arendt Center for Politics and Humanities at Bard College is sponsoring its Fifth Annual Conference and asking: Does the President Matter? A Conference on the American Age of Political Disrepair.  The conference features Jeffrey Tulis and Walter Russell Mead amongst other speakers, including Rick Falkvinge (founder of the Swedish Pirate Party), Ralph Nader and Bernard Kouchner (Founder of Doctors without Borders and Foreign Minister of France under Nicolas Sarkozy). Paul Ryan is undeniably serious and he is raising important questions about the future of the country. But there is a question of whether our political system in the 21st century is still capable of presidential leadership.

-RB

9Jul/120

To Deliberate Upon the Public Affairs

“‘[T]he revolution was effected before the war commenced,’ not because of any specifically revolutionary or rebellious spirit but because the inhabitants of the colonies were ‘formed by law into corporations, or bodies politic,’ and possessed ‘the right to assemble … in their town halls, there to deliberate upon the public affairs."

—Hannah Arendt, quoting John Adams, in On Revolution

These remarks represent casual, back-of-the-envelope thoughts. The question they pose is: what would the Occupy movement, or something like it, have to look like in order to succeed in altering the structure of American governance? This assumes that the goal of Occupy is, or should be, to change the structure of American governance, and it assumes an idea of what “the structure of American governance” means, which I will try to explain. My answer to that question—what would Occupy have to look like—can be summed up in a few words: it would have to stop being a movement of the left. As a thought experiment, I propose to imagine an Occupy movement without leftism, and with the goal of changing the structure of governance.

The first thing to work out is wherein the leftism of Occupy actually consists. It does not consist in espousing the interests of the poor—or attacking the interests of the rich. Wealth is neither liberal nor conservative by nature, and wealth in today’s America flows alternately to Republicans and Democrats. Right-wing movements can be populist as well, and garner the support of the economically marginal. Wealth looks after its own interests and treats politics as secondary—which is why the catchphrase of the Occupy movement, “the 99 percent,” theoretically constitutes an appeal to both left and right. It is supposed to be a call to unite along economic rather than political lines. This—“Forget politics and unite for your common economic interest!”—is what I take to be the intended message of Occupy. Those who primarily hear this intended message thus think that Occupy is a new kind of populist movement, having left behind the identity politics of liberalism for a unifying, class-based cause.

Photo by Giles Clarke

But whatever you make of this intended message, there is also an effective message of Occupy, somewhat different from its intended one. The effective message of Occupy proceeds, inevitably, from the demographic composition of the movement. Is it plain for anyone beholding an Occupy rally to see that its membership is drawn from the educated, bourgeois, liberal left; that other contingents (sympathetic Ron Paulites, unionists, etc.) are essentially tokens; and that the members of the real economic underclass are present only on the other side of the fast food counter, selling burritos to hungry protestors. At a march I attended in Chicago, I could stand in one spot and see signs proclaiming dozens of demands: that we go green, withdraw from foreign wars, respect women and minorities, legalize gay marriage, realize that “we are one with the cosmos”—and, oh yes, punish the banks while we’re at it. I happen to agree, at least in some sense, with most of these demands (oneness with the cosmos being one that I would have to find out more about before deciding on), but I was puzzled by their presence. I asked myself: are these particular demands separable from the core economic message? It seems they ought to be, and in theory they are, but here the concrete trumps the theoretical. Get rid of all the people holding those “Regulate x and “Legalize y” signs at the Occupy rally, and you will have gotten rid of most of the movement. Occupy pursues its universalism as a process of expansion from a preexisting social base. It is like a Facebook group that keeps adding members (in fact, it is that, literally). But this process has natural limits, which Occupy has probably already reached.

So Occupy has its economic message (“the 99 percent”), and it has its social message. The social message is: “Join the left! We liberals have everybody’s best interests at heart, and our concern is with economic justice for the 99 percent.

All you have to do to be part of our movement is to drop your uneducated prejudices—your racism, xenophobia, homophobia, chauvinism, et cetera. Then, once you have become educated liberals, we can move beyond liberalism and fight together for our economic interests!” In the very act of asserting its universalist economic agenda, Occupy reinscribes the particularist demands of the liberal left as prerequisites for participation.

Better than trying to cleanse the economic message of those distracting particularist agendas would be instead to think beyond the economic message itself. What would it mean for Occupy to think at the level of the political? The question of defining the political as such is a point that risks involving Arendt scholars, somewhat uncharacteristically, in long, subtle, almost scholastic discussions; but for our purposes, the answer is easy enough. It would mean to think about constitutions.

A constitution can be a written document embodying the “higher law of the land”—but it need not be. A constitution can just as well consist in an unwritten tradition (as in Great Britain), or, as Arendt reminds us, in an institution such as the Roman senate (or perhaps, in our day, the loya jirga)—a political body that lasts just as long as it is cared for and maintained. (Similarly, a written constitution lasts only as long as people choose to obey it.) A successful revolution—this is the thrust of Arendt’s On Revolution—is one which does not stop at the point of liberating people from oppression, which might be of an economic or a political kind. Occupy aims at economic liberation. A successful revolution, on the other hand, puts its main energy into constitution-making, and results in the creation of lasting institutions, bodies politic that function and endure.

Founding, constituting, instituting: this would be the business of a truly political and, I think, a truly successful Occupy movement. These activities are by nature genuinely public and open to all comers without prerequisite. They might take various concrete forms. Lawrence Lessig advocates holding mock constitutional conventions across the country, with the eventual aim of demonstrating the effectiveness of the process as carried out by ordinary citizens and encouraging state legislatures to invoke Article V of the U.S. constitution and call a new federal convention. Another model would be to simply begin holding unconditional open meetings, publicized and accessible to all, neighborhood by neighborhood, “to deliberate upon the public affairs” until some structure of governance begins to emerge, good leaders come forward, actions are taken. While both these models have their idealistic aspects, both have some realistic aspects as well. We have barely begun to think through the possibilities, but we will eventually need to do the patient work of reconstituting the republic.

-Stephen Haswell Todd

 

13Jun/121

Ryan Lizza Asks: Does the President Matter?

Ryan Lizza has a must-read essay in The New Yorker on the challenges of presidential leadership. The first thing to note is that when Lizza began asking President Obama's team about their vision for what they want to accomplish in a second term, they hesitated to answer. "Many White House officials were reluctant to discuss a second term; they are focused more on the campaign than on what comes after."  When pressed, Obama's team offered a litany of hopes for a second term, including: climate control, immigration reform, and a more robust foreign aid agenda. Also mentioned are housing reform and energy reform. While these are all important, they aren't what really ails the country. The American system of government is paralyzed. Corruption is becoming rampant on Wall Street and K Street. Our pension system is underfunded. Unemployment and underemployment are dangerously high and there are structural changes to the economy that require bold leadership.

The question raised is what leadership is and why it is so difficult in contemporary politics. Here is Lizza on one example of Obama's unwillingness to pursue his own agenda:

In 2010, Obama negotiated a new Strategic Arms Reduction Treaty with the Russians and won its passage in the Senate. But, despite his promise to “immediately and aggressively” ratify the C.N.T.B.T., he never submitted it for ratification. As James Mann writes in “The Obamians,” his forthcoming book on Obama’s foreign policy, “The Obama administration crouched, unwilling to risk controversy and a Senate fight for a cause that the President, in his Prague speech, had endorsed and had promised to push quickly and vigorously.” As with climate change, Obama’s early rhetoric and idealism met the reality of Washington politics and his reluctance to confront Congress.

Lizza explores the incredible difficulties recent Presidents have faced in pursuing their agendas. One takeaway is that the idea of a presidential mandate is a myth.

•"The idea of a mandate from the people defies the intentions of the Founders and is contrary to the way that most early Presidents viewed their role."

•"The concept of a mandate was essentially invented by Andrew Jackson, who first popularized the notion that the President “is the direct representative of the American people,” and it was later institutionalized by Woodrow Wilson, who explicitly wanted the American government to be like the more responsive parliamentary system of the United Kingdom."

•"But the idea [of the mandate] is mostly a myth. The President and Congress are equal, and when Presidents misinterpret election results—especially in re-elections—they get into trouble."

Lizza argues that Presidents don't have the importance or authority that they claim and we ascribe to them. And yet, there are exceptions.

The last two presidents who successfully amassed large majorities to pass transformative legislation were Lyndon Johnson and Ronald Reagan. What unites Johnson and Reagan—different in temperament and politics—was an uncanny quality of leadership. They were able to bring opposing sides together to accomplish grand and important visions. It is just such political leadership that we desperately need and clearly lack today.

Is such leadership possible anymore? When one looks to politics and sees that unyielding partisanship, consultant-driven talking points, and PR campaigns, one must wonder if a President can actually lead. Whether in Europe or in the US, it seems as if leaders are on strike, only acting when they absolutely have to. It is not simply a matter of lacking vision, although it is that too. More, it is that leaders are so careful and pre-packaged that politics has come to be more about marketing than about thinking and action.

Politics, Hannah Arendt argued, requires courage. It demands a risky and rare willingness to experiment and seek to bring about new directions in the world. To act politically demands doing things that are spontaneous and new; politics requires actions that are surprising and thus attract attention and generate interest, drawing people together around a common idea. Arendt's point was that a political leader can only attract citizens to their vision when they act in ways that are surprising and noteworthy. The political leader must take the risk of leadership that can either succeed or fail. When it succeeds, the surprising and new act generates enthusiasm and followers. When it fails, the people reject it.

Leaders are those who take risks and are willing to fail. To look at Mitt Romney and President Obama is to see what happens when leaders are afraid to lose. We must now confront the fact that the need to raise money and the rise of consultants and the dominance of public relations has sapped politics of the spontaneity, thoughtfulness, and fun that can and should be at the center of political action.

How can we today resuscitate a political culture of risk-taking and leadership?  How can we make the president matter again?  Do Occupy Wall Street and the rise of the Pirate Parties in Europe presage a new style of political leadership? These are important questions, and will be the topics of the Hannah Arendt Center's Fifth Annual Conference: Does the President Matter? The Arendt Center Conference will take place on Sept. 21-22, 2012 and will feature Keynotes by Ralph Nader, Bernard Kouchner, Rick Falkvinge, and Jeff Tulis. It also features talks by John and James Zogby, Todd Gitlin, Ann Norton, and many others. We hope you will join us.

-RB

30Mar/121

The Supreme Court as Truthteller

I spent an exciting day at the College of Arts and Letters at Stevens Institute of Technology. Along with Matthias Bormuth, Morris Kaplan, and our host Michael Steinman, we enjoyed a wide-ranging discussion centering around Hannah Arendt's essay Truth and Politics, but reaching deep into Arendt's thinking about law and politics as well.

Much of the discussion at our seminar discussed the status of the Supreme Court as a truthteller. Arendt saw the great innovation of the American form of government to be the shift of the seat of authority to the Supreme Court. By authority, Arendt means that pre-political claim of obedience that flows from tradition, religion, or possibly from charisma. In Rome authority was located in the Senate, and the Senators

"held their authority because they represented, or rather reincarnated, the ancestors whose only claim to authority in the body politic was precisely that they had founded it, that they were the 'founding fathers'. Through the Roman Senators, the founders of the city of Rome were present..."

In America, authority was vested in the Supreme Court. The Justices, like the Roman Senators, hold their authority because they had no power themselves, since they "'possessed neither Force nor Will but merely judgment.'" The Justices' authority comes not from power, but from their being linked back to the founders as interpreters of the founding moment, thus as a continuation of the constitutional convention in permanent session.

How the Supreme Court and its justices tie themselves back to the founding moment as reincarnations of the founding fathers partakes, of course, of the mysterious. The initial success of the American Constitution resulted from the founders causing the US Constitution to be worshipped. This worship depended upon and allowed an ambiguity to persist in the sense and understanding of the Constitution, on its becoming both ‘an endurable objective thing’, on the one hand, and yet one that could be approached from many angles and many interpretations. It must be amendable and changeable, and yet impervious to any subjective states of mind or influences of will.

The miracle of the Constitution’s foundational authority – it being worshipped as both a text and a continual reincarnation of the founding revolutionary act – is made possible only by a prior miracle – the miracle of beginning. As Arendt argues throughout her work, all men ‘are equipped for the logically paradoxical task of making a new beginning’.  As beginners, we men are uniquely capable of understanding the mysterious way in which a beginning can also rest on ancient and unyielding foundations. Since men are themselves, as part of the human condition, beginners who can and do appear in the world to start things anew – since men are thrown into the world that we must respond to – thus are we uniquely open to the idea of finding in the first and foundational act not only an arbitrary deviation but also an authoritative principle.

For men, therefore, the act of beginning anew is not an arbitrary deviation from the foundation. The foundation is in the past, and yet it remains a forceful part of everyday practice.  The beginning, Arendt argues, ‘carries its own principle within itself, or, to be more precise, that beginning and principle, principium and principle, are not only related to each other, but are coeval’.  As beginners, men are open to the claim of the beginning and foundation as an origin that carries with itself a principle and thus simultaneously allows for augmentation and conservation. 

Arendt's locating of authority in the Supreme Court is part and parcel of her respect for the American Constitution and for federalism. The seat of American freedom is, in Arendt's understanding, the diffusion of powers and the refusal of absolute sovereignty in the American system of government.

It is, I think, worth recalling that the present arguments about the Affordable Care Act before the Supreme Court concern precisely this question of federalism. If the Court holds the Act unconstitutional, it will be because we live in a constitutional republic defined by the separation of powers including the division of power between a centralized national government and de-centralized state governments. According to this theory, liberty is best protected by diffusing power. The federal government has the right to regulate commerce. But to hold that people who do not purchase health care are engaged in interstate commerce is to say that the government can regulate anything we do, even non-commercial activities, simply by insisting that we buy something and then calling it commerce. By this theory, the act removes any and all limits on federal power and violates the constitutional idea of the diffusion and separation of powers.

I have no idea what Arendt would have thought of the Affordable Care Act. Clearly the Act is both flawed and ambitious, and it carries both much that is good and some that is less so.

But it does seem undeniable that the Affordable Care Act is a significant expansion of governmental power, both the power of the federal government over the states as well as the power of government over individuals. It confirmation would be another step in the long chain of 20th century cases eroding the separation of powers that Arendt held so important a bulwark for human freedom.

As the debate around the Affordable Care Act rages on, and as the judges retire to their chambers to commune with our ancestors, it is well worth your time to revisit Chapter Four of Hannah Arendt's defense of  On Revolution. It is your weekend read. Click here to download.

-RB

24Feb/120

Legislating Memories of Violence

The Constitutional Council, France’s highest court, will soon issue a ruling with significant implications for how we think about free speech, violence, and collective memory. The ruling, due by the end of February, will determine whether French lawmakers can criminalize the denial of the Armenian genocide in the Ottoman Empire during World War I.

Legislation to this effect passed the French National Assembly in December 2011 and the Senate just last month, but the Council agreed to rule on the constitutionality of the provision after inquiries from dozens of parliamentarians. President Nicolas Sarkozy has indicated that he will sign the bill into law if and when it reaches his desk, but he cannot do so until the court announces its decision. The geopolitical implications of this ruling are potentially far-reaching, for it may decisively shape Turkey’s relationship with the European Union and other states in the Middle East. But the ruling’s cultural and philosophical ramifications are significant as well, for they raise important questions about public discourse and collective memory not simply within but also across national boundaries.

The bill that would criminalize Armenian genocide denial was introduced in the National Assembly by Valérie Boyer, a parliamentarian from Marseilles who is affiliated, like Sarkozy, with the center-right Union for a Popular Movement. It would require a year in jail and a fine of 45,000 Euros (approximately $59,000) for “those who have praised, denied, or roughly and publicly downplayed genocidal crimes, crimes against humanity, and war crimes.” Significantly, the legislation does not specifically mention the mass killings of Armenians, but the only other instance of genocide recognized by the French government is the Holocaust, and its denial is already defined as a criminal act under another law. Despite the bill’s generic formulation, then, its effective point of reference is rather targeted.

Members of the French opposition have charged that the bill constitutes a cynical effort to curry favor with the country’s sizable Armenian population in advance of this spring’s presidential elections. Foreign Minister Alain Juppé, meanwhile, has opposed the legislation because he believes it will hinder efforts to maintain Turkish cooperation on urgent matters of state, including Iran’s nuclear ambitions and the ongoing government crackdown in Syria.

  

But the bill’s proponents deny that they have any ulterior motives in either the national or international arena: Boyer insists that genocide is a general human concern that stands “over and above politics,” while Sarkozy asserts that the bill is in “no way aimed at any state or people in particular.” In this respect, the legislation and its overt rationale are consistent with an important strand of the French republican tradition, one that equates the nation and polity with a commitment to universal principles.

Given the state’s ideological position, it should come as no surprise that Turkish responses to the legislation have been hostile. The national government, led by the center-right Justice and Development Party, has suspended many of Turkey’s diplomatic, economic, and military relations with France, and Prime Minister Recep Tayyip Erdoğan has dismissed the bill as an instance of “evident discrimination, racism, and massacre of free speech.” In addition, Erdoğan has accused France of its own unacknowledged genocide during the era of colonial rule in Algeria, while other lawmakers have insisted that France has failed to confront its unseemly role in the 1994 genocide in Rwanda. Far from regarding the legislation as a universalist condemnation of genocide and genocide denial, then, Turkish state officials have treated it as a direct attack on their national self-regard, and they have been quick to accuse the French government of a pernicious double standard: Sarkozy and his colleagues want Turkey to reckon with its burdened past when France has not scrutinized its own violent (post)colonial history.  

On the one hand, I sympathize with the bill’s impulse to engage with past instances of violence. Remembrance of traumatic pasts is not a zero-sum game: attention to one instance of collective violence, such as the murder, deportation, and starvation of Armenians in the Ottoman Empire, does not prevent or preclude attention to others, such as the assault, torture, and killing that accompanied French colonial domination in Algeria. In fact, as Michael Rothberg suggests, the remembrance of past violence across national and/or imperial contexts “has the potential to create new forms of solidarity and new visions of justice.”

On the other hand, I am uncomfortable with the premise that certain forms of public discourse, even those associated with the denial of genocide, should be prohibited by law. I am too committed to liberal thinking to believe that this kind of restriction on free public speech is acceptable, and I have my doubts that it will actually encourage a reasoned understanding—and condemnation—of collective violence in the past, present, and future.

 

In particular, I am very concerned that this legislation, if it indeed becomes law, will have a chilling effect on ongoing discussion and debate in Turkey.

Turkish state and public institutions have grown a bit more receptive to Kurdish grievances over the past decade, and in November 2011 Prime Minister Erdoğan took the remarkable step of apologizing for army and air force attacks that killed nearly 14,000 Kurds in Dersim (now known as Tunceli) from 1936 to 1939. To be sure, Erdoğan issued this apology as police and military personnel were detaining hundreds if not thousands of Kurdish activists in the state’s renewed counterinsurgency campaign. But we should not neglect the fact that such a pronouncement would have been unthinkable only a few years ago. How ready will Erdoğan’s government be to acknowledge other elements of Turkey’s fraught past if France criminalizes denial of the Armenian genocide? Not very, I suspect.

In the end, then, I support concerted public engagement with the nature and extent of the Armenian genocide in France, Turkey, and elsewhere. Precisely for this reason, however, I also oppose the criminalization of Armenian genocide denial.

For more discussion of the transnational politics of memory, I highly recommend Michael Rothberg’s book Multidirectional Memory: Remembering the Holocaust in an Age of Decolonization (Stanford University Press, 2009).

 - Jeff Jurgens