What is the essence of corruption? This is a question raised by the recent Supreme Court jurisprudence around Citizens United v. FEC. For Justice Kennedy and the Court has concluded, as a matter of law, that only quid pro quo corruption is corruption. An out and out bribe is corrupting, but throwing a congressman a $100,000 party or treating them to fancy meals and trendy restaurants, that is just exercising the right to freely speak with one's elected representatives. That such lavish expenditures come with expectations is, the Court insists, improvable and simply part and parcel of our democratic system.
In Republic, Lost: How Money Corrupts Congress—and a Plan to Stop It, Lawrence Lessig explores fully the impact of such "soft" corruption. He writes that the enemy we face today is not a Hitler or even the good Germans who would enable a Hitler. "Our enemy," Lessig writes, "is the good Germans (us) who would enable a harm infinitely less profound, yet economically and politically catastrophic nonetheless. A harm caused by a kind of corruption. But not the corruption engineered by evil souls. Indeed, strange as this might sound, a corruption crafted by good souls. By decent men. And women." Such a crime, he insists, is banal, but "not the banal in the now-overused sense of Hannah Arendt's The Banality of Evil—of ordinary people enabling unmatched evil (Hitler's Germany). Our banality is one step more, well, banal."
Lessig is right to worry that Arendt's phrase is overused, but what is more banal in the banality he so penetratingly describes in his book? In any case, his book better describes the kind of endemic corruption that infects our political system than any other. It should be read.
It is also important to remember that real corruption still exists in our world. It may be more a rarity at a time when one can accomplish so much corruption through legal means, but examples of bold and brazen corruption remain.
Lance Armstrong's web of corruption that silenced and intimidated dozens of his colleagues for over a decade is one example of how corruption can succeed, against all odds, but only for a time. Rumors of Armstrong's drug use floated around for a decade, and yet he still denies it. It took years for the web of deceit to break. As the NY Daily News wrote in an excellent review of the scandal:
The Armstrong myth was so lucrative that suppressing the truth came to require an endless behind-the-scenes campaign to bully and intimidate people into silence. Some of it bordered on gangsterism. Some of it was dressed up in the respectable wardrobe of elite law firms. But mostly it was just hot air - a fact that by 2010 had become clear enough to Floyd Landis that he stepped up and burst the bubble, blowing the whistle on the whole big fraud.
We tend to ignore corruption because it seems so inconceivable in our age of transparency. Corruption requires that the truth be kept hidden. This is extremely difficult and possible only through force and violence and even terror. But eventually, the truth comes out. As Hannah Arendt wrote in another context, "holes of oblivion do not exist." Eventually, the truth will emerge, no matter how many interests and how much money and violence is spent in the futile effort to prevent that from happening.
What brings to mind these brief reflections on the continued efficacy of corruption as well as its eventual failure is an article recently published in The Nation on the Hershey Trust. The author of the story is Ric Fouad, who is also a member of the Arendt Center's Board of Advisors. He is a graduate of the Milton Hershey School and together with a handful of other activists has been fighting a lonely battle against what he sees as the corruption of the Hershey Trust's Board, a fight that for him is inspired by Hannah Arendt's insistence on both truth, courage, and public action.
A little background. Milton Hershey was not just a brilliant chocolatier who had a radical vision of making chocolate—previously marketed only to the wealthy—available to the masses. He was also profoundly philanthropic. Unable to have children, Hershey left his entire personal fortune to the Hershey Trust, whose mission was to administer The Milton Hershey School, a school that Hershey founded to help and educate orphaned boys—the school is now coed and serves children with living parents. That fortune is now worth nearly $8 billion.
By his own account, Milton Hershey's life work would be to help orphaned children, whose plight touched him deeply. Hershey wanted his school to bring orphans into a revolutionary new kind of school, free from industrial buildings common to orphanages. The children were to live in beautiful homes in a bucolic paradise on 12,000 acres of land. They were to work on farms to learn character and attend a school that includes a vocational curriculum as well and have great teachers. It had all the potential to be an extraordinary facility set in truly magnificent settings.
So what is not to like? Well, for one thing, the Hershey Trust has been under investigation for six years, with no resolution and amidst plenty of accusations and charges about misspent funds and broken trust. The bucolic community-wide children's home was telescoped into a crowded centralized campus; the farms were all closed; the vocational program barely survives; and the poorest children, wards of the court, and foster care children came to be rejected in favor of what the administrators deemed a "better" class of child. Local developers made tens of millions in the process.
Tasked with administering the Milton Hershey School, the Trust's incredible resources enabled it to do much else besides. This could be an amazing opportunity to do good. It could also and become a magnet for powerful and connected people who finagled their ways onto the Hershey Trust board in order to access and control the vast wealth the Hershey Trust possessed. And that is what the article in The Nation, as well as numerous investigative articles here, here, and here, in The Philadelphia Inquirer, have alleged. You can also watch Ric Fouad's Harvard Law School lecture "Hershey's Broken Trust" here.
In Republic, Lost, Lessig writes:
The great threat to our republic today comes not from the hidden bribery of the Gilded Age, when cash was secreted among members of Congress to buy privilege and secure wealth. The great threat today is in plain sight. It is the economy of influence 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 that it discriminates against all sides to favor itself.
As true as that is about government, it is also true for cycling legends and political clubs. When corruption of all kinds pervades institutions throughout our society, it is only natural that cynicism abounds and we lose faith in the process of government as well as in the integrity of business. It is time to take corruption seriously in this country, and not explain it away as something that happens elsewhere in less civilized and less democratic countries.
You can read an excerpt of Lessig's Republic, Lost... here, at Amazon.com, where you can also buy his book.
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.
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.