A Forgotten Legacy
In her essay On Violence Arendt made a striking claim: Americans have forgotten the legacy of the American Revolutionaries. “The heritage of the American Revolution is forgotten.”Footnote 1 What was the heritage of the Revolution? How has it been forgotten?
For Arendt this forgetting was not a matter of knowledge but of understanding. What has been lost is not the factual history but the meaning of events. The factual record is a text that we have to interpret to understand the meaning of the story, the nature of revolution, the experience of the revolutionaries, the principles that guided them, and the spirit that inspired their acts. We know a great deal about the Revolution, but we fail to fully understand it, and this failure of understanding is at the heart of our failure to remember.
Arendt explained this loss in two ways.
First, she claimed the revolutionaries themselves failed to fully grasp the meaning of the Revolution. This failure was not a lapse they could have avoided, but the inevitable result of their limited perspective. The actors in a historical drama can never fully understand the meaning of events as they live through them, since events always exceed the intentions and expectations of those who participate in them. People do not “make” history in the same way they make products or stories: “In contradistinction to fabrication, where the light by which to judge the finished product is provided by the image or model perceived beforehand by the craftsman’s eye, the light that illuminates processes of action, and therefore all historical processes, appears only at their end, frequently when all the participants are dead.”Footnote 2 Events are never wholly determined by the goals and motives of the actors, but are always the result of developments no one could foresee or control. The meaning of events can only become clear in retrospect.
But this limited perspective does not fully explain the loss of understanding. After the War of Independence and the framing of the Constitution, the revolutionaries had the rest of their lives to reflect on what had happened. How could they have failed to fully grasp the meaning of the Revolution?
Arendt made a second argument: the colonists in America had been led by force of circumstances to develop relatively democratic practices of self-government. The town meetings and colonial assemblies had opened up a limited public realm and made possible the reemergence of a somewhat inclusive political sphere. The rebirth of a democratic political life in the colonies was a radical innovation that marked “a new beginning in the very midst of the history of Western mankind.”Footnote 3 These practical innovations and political experiences allowed the colonists to understand the realities of political life better than the British and European theorists from whom they inherited their conceptual language. But despite their innovations in political practice, in their political theories the colonists remained bound to the conceptual framework of the European tradition: “The novelty of the New World’s political development was nowhere matched by an adequate development of new thought.”Footnote 4 Instead of rethinking inherited concepts in light of their own experiences, the colonists interpreted their experiences in terms of inherited concepts. There was a gap between the colonists’ theoretical language and their nontheoretical understanding of politics. When the Revolution forced the colonists to justify their actions in theoretical terms, they fell back on formulas that had the authority of tradition but that failed to do justice to their real insights. So their practical understanding of politics remained theoretically inarticulate: “whenever they thought in general or in theoretical terms, that is, not in terms of action and the foundation of political institutions, their thought would remain shallow and the depth of their experience would remain inarticulate.”Footnote 5 When the Revolution was over, and the revolutionaries tried in retrospect to articulate the truth of their experiences, their thinking was guided or misguided by the limits of traditional political philosophy.
As far as Jefferson and the men of the American Revolution are concerned – again with the possible exception of John Adams – the truth of their experience rarely came out when they spoke in generalities. Some of them, it is true, would get indignant about “the nonsense of Plato”, but this did not prevent their thought from being predetermined by Plato’s “foggy mind” rather than by their own experiences whenever they tried to express themselves in conceptual language.Footnote 6
The revolutionaries failed to fully articulate the meaning of the Revolution because they interpreted it in traditional terms rather than revising and refining traditional terms in light of their actual experience.
This failure of thought led to a failure of public memory. Since the revolutionaries did not conceive of their experiences in terms that could fully grasp the meaning of events, they died without leaving behind a conceptual language that articulated and preserved their deepest insights. The truth of their experience remained largely unspoken.
The American failure to remember can be traced back to this fateful failure of post-revolutionary thought. For if it is true that all thought begins with remembrance, it is also true that no remembrance remains secure unless it is condensed and distilled into a framework of conceptual notions within which it can further exercise itself. Experiences and even the stories which grow out of what men do and endure, of happenings and events, sink back into the futility inherent in the living word and living deed unless they are talked about over and over again. What saves the affairs of mortal men from their inherent futility is nothing but this incessant talk about them, which in its turn remains futile unless certain concepts, certain guideposts for future remembrance, and even for sheer reference, arise out of it.Footnote 7
The colonists had broken with traditional practices of government, so the meaning of the Revolution could not be grasped in the terms of traditional political theory. But the revolutionaries failed to translate their experiences into a lasting conceptual framework, so that what was unprecedented in the revolution was obscured by the false clarity of received ideas. “The American failure to remember” is not a lack of knowledge but a lack of understanding. This lack of understanding has generated superficial interpretations of the past, which distort and conceal the meaning of the Revolution even as they claim to preserve and explain it.
Interpretations of the Revolution
Arendt specifically criticized three interpretations of the American Revolution.
1. Classic liberal interpretations of the Revolution. The American revolutionaries inherited from British political theory the language of liberalism. Classic liberals assume that each human being is endowed with natural rights; that the purpose of government is to protect those rights; that laws are instituted to establish a sphere of private life in which individuals can freely pursue their own ends as long as they do not violate the rights and liberties of others. Civil laws are just insofar as they rest on natural laws, and they are legitimate insofar as they have the consent of the governed. The consent of the governed is best achieved through representative government, in which the rights and interests of the governed are safeguarded by their representatives.
For the most part, the Revolutionaries interpreted their history in these terms. Most historians have followed their lead – the American Revolution has largely been interpreted as a triumph of classic liberalism: the colonists rebelled against an unrepresentative government that trampled their rights, and they successfully established a limited government based on human rights, legal equality, rule of law, and the consent of the governed.
The problem with this interpretation, Arendt argued, is that it does not quite explain why the revolutionaries founded a republic rather than a monarchy. One can have a liberal government under an enlightened monarch, and there is no reason why a constitutional monarchy cannot be a limited government based on human rights, legal equality, rule of law, and the consent of the governed. In some cases, a constitutional monarchy is actually more likely to protect civil rights and civil liberties than a republic, which is always liable to degenerate into a tyranny of the majority. The revolutionaries eventually decided a republic would most likely secure the ends of liberal government, but it seems implausible that liberal ideals were the only factor in that decision. Arendt argued that more was at stake in the American Revolution than liberal ideals.
The guarantee of civil liberties and the pursuit of private happiness had long been regarded as essential in all non-tyrannical governments where the rulers governed within the limits of the law. If nothing more was at stake, then the revolutionary changes of government, the abolition of monarchy and the establishment of republics must be regarded as accidents, provoked by no more than the wrong-headedness of the old regimes. Had this been the case, reforms and not revolution, the exchange of a bad ruler for a better one rather than a change of government, should have been the answer.Footnote 8
Liberal interpretations cannot fully explain several aspects of the Revolution: why events led the revolutionaries from the rejection of a particular monarch to a rejection of monarchy in general; why (in Jefferson’s words) “the contests of that day were contests of principle, between the advocates of republican, and those of kingly government;”Footnote 9 why many Americans came to regard monarchy as a form of government fit for slaves;Footnote 10 and why most of the revolutionaries came to believe (in Jefferson’s words) that freedom depended on a citizen’s right to be “a participator in the government of affairs.”Footnote 11
2. Christian interpretations of the Revolution. In the traditional language of Christian political theories, human authority is valid insofar as it derives from divine authority; civil rights are legitimate insofar as they protect God-given rights; civil laws are just only to the extent that they conform to divine law. Governments are just and legitimate only as long as they represent the will of God.
The language of Christian political theory was sometimes explicit in the discourse of the revolutionaries. The Articles of Confederation of 1776 invoked “the Great Governor of the World.” The Declaration of Independence declared that the principles of American government are based on “the Laws of Nature and of Nature’s God,” and the rights enumerated in the Declaration are said to be those with which all men have been “endowed by their Creator.” Christian interpretations of American history tend to focus on this strand of revolutionary discourse, and sometimes even see the Revolution as an attempt to found a Christian nation.
Such interpretations rely on a selective reading of history. The belief that the revolutionaries meant to found a Christian nation is not supported by the facts. Arendt noted that the Constitution of 1787 never refers to God, and prohibits the use of religious tests to disqualify candidates for public office. The original opponents of the Constitution denounced it as an irreligious and Godless document, and yet it was ratified by a majority of state conventions. A treaty ratified by the Senate in 1797 made this explicit: “The government of the United States of America is not, in any sense, founded on the Christian religion.”Footnote 12 Christian interpretations of American history focus on only one strand of colonial thought, and overlook the secular dimension of the Revolution.
3. Social interpretations of the Revolution. Arendt argued that, after 1776, freedom and revolution came to be understood less in political than in social terms. During the French Revolution it appeared that political liberties were meaningless in certain social conditions. Citizens with political rights were not free in a meaningful sense if they were utterly destitute, exploited, and oppressed. Real freedom required radical social change, and social change seemed less likely to be effected through political means than through government by decree or force. So the political questions that obsessed the American Revolutionaries were displaced by what French Revolutionaries called “the social question”:
The shift from political to social aims was explicitly recognized by Robespierre: “Republic? Monarchy? I know only the social question.”Footnote 14 In the nineteenth century, Arendt argued, revolution came to be understood as essentially a social phenomenon – not the founding of a new political order but a radical transformation of society. Historians who approach the Revolution with the tools of social science have shifted attention from the actions of the revolutionaries to the underlying social and economic conditions that determined the course of events.From the later stages of the French Revolution up to the revolutions of our own time it appeared to revolutionary men more important to change the fabric of society, as it had been changed in America prior to its Revolution, than to change the structure of the political realm.Footnote 13
From this point of view, the American Revolution hardly seems like a revolution at all. The superficial shift from monarchy to a republic seems to hide an underlying continuity in social and economic structures. In Arendt’s time the most famous proponent of this view was Charles Beard, whose history of the Revolution concluded that “The Constitution was essentially an economic document” designed to protect the class interests of the ruling elite.Footnote 15 In this account, the Constitutional Convention of 1787 was not the culmination of the Revolution, but a betrayal of the possibilities of social change opened up by the upheaval of 1776.Footnote 16
For Arendt, social interpretations of history are problematic in several ways. They tend to underemphasize the political dimension of the Revolution. They tend to approach the ideas of the revolutionaries not as a possible source of insight but as ideologies to be critiqued from the ostensibly superior perspective of social science or critical theory. And they tend to interpret the revolution in America in light of later revolutions and in terms of concepts grounded in experiences foreign to the experience of the American revolutionaries. Her deepest objection to these interpretations of American history is that they understand the Revolution in terms of inadequate concepts of politics and freedom.
These three failures of interpretation are not arbitrary mistakes, according to Arendt. They are grounded in the failures of post-revolutionary thought: “The result of the ‘American’ aversion from conceptual thought has been that the interpretation of American history, ever since Tocqueville, succumbed to theories whose roots of experience lay elsewhere.”Footnote 17 Liberal, Christian, and social interpretations of Revolutionary history are inadequate because they conceal and forget the meaning of the Revolution under the guise of remembering it.
But the heritage of the Revolution has not vanished without a trace. The insights of the revolutionaries are preserved not in their theories, Arendt argued, but in their practical political documents and their nontheoretical writings.
Still, there are more than a few instances when their profoundly revolutionary acting and thinking broke the shell of an inheritance which had degenerated into platitudes and when their words matched the greatness and novelty of their deeds. Among these instances is the Declaration of Independence.Footnote 18
While the revolutionaries failed to articulate their practical understanding of politics in theoretical terms, their testimonies contain implicit insights that are far more incisive and illuminating than their explicit theories. A gap between explicit theory and implicit insight runs through all of their writings, including the Declaration of Independence. Arendt aimed to reinterpret the American Revolution in light of the authentic political insights implicit in the revolutionaries’ nontheoretical writings.
How then did Arendt interpret the American Revolution? How did she read the writings of the revolutionaries?
Tasks of Interpretation
Arendt’s approach to the Declaration was complex. She distinguished between theory and nontheoretical understanding, and between theoretical discourse (which uses precise and definite concepts) and ordinary language (which articulates our nontheoretical understanding). In her view, the task of theory is to refine our nontheoretical understanding of beings, and so theoretical language should explicate and clarify the nontheoretical insights implicit in the ordinary senses of words. But Arendt recognized that thinkers may work out theoretical concepts by abstracting words from everyday language while ignoring the insights implicit in their ordinary sense. And she recognized that writers may also borrow theoretical terms to try to articulate nontheoretical insights for which they have no other words. In both cases, a word may have at least two senses: a theoretical sense and a nontheoretical sense; and these two senses may actually conflict with one another. So there may be a tension in any text between explicit theory and implicit understanding, between the theoretical sense of words (the concepts they designate) and their nontheoretical sense (the insights they express). Such a tension is bound to produce ambiguities or inconsistencies in a text.
The possibility of this tension complicates the task of the historian. Arendt did not reject the tasks that commonly govern the interpretation of historical documents. It is necessary to learn the original language of a text, to read it in context, and to try to discern the intentions of the writer. But in her reading of the Declaration she tried to refine and supplement these principles. Her aim was not just to reconstruct the revolutionaries’ self-interpretation, but also to show the tensions and blind spots in this self-interpretation in order to bring to light and make explicit the deeper understanding of politics implicit in their actions and words.
So Arendt’s reading of revolutionary documents was guided by several tasks: (1) to understand the practical context in which the revolutionaries acted; (2) to learn the theoretical languages in which they thought and spoke; (3) to understand the testimonies of the revolutionaries in their own terms; (4) to look for tensions, ambiguities, or inconsistencies in their writings; (5) to read these tensions as symptoms of a gap between the theoretical concepts and the nontheoretical insights of the revolutionaries; (6) to show the limitations of their theoretical concepts by pointing out what they fail to grasp in the revolutionaries’ testimony and in the unfolding of events; (7) to make explicit the nontheoretical political insights implicit in the words and actions of the revolutionaries; (8) to theoretically articulate these insights by rethinking inherited concepts; and (9) to clarify the meaning of the Revolution by reinterpreting events in light of this critical rethinking of traditional political theory.
These tasks of reading are part of the larger task of thought and remembrance. If the heritage of the American Revolution is forgotten, if this forgetting occurred because the revolutionary generation failed to rethink inherited concepts on the basis of their own experiences, if they did not do justice to their own experiences and insights when they interpreted them in terms of traditional theories, then we perpetuate this forgetting if we simply reconstruct the political theories of the founders. To recover the heritage of the Revolution, to understand the meaning of our history, we have to critically reread the testimony of the revolutionaries and critically rethink the concepts in which they thought. This is not to impose contemporary concepts on history, but to bring to light what has remained invisible and unthought in the American political tradition. The task of remembrance is a task of thinking.
Colonial Experiences
Arendt’s interpretation of the Revolution started with a few simple arguments. The demands of emigration pushed the colonists to organize themselves into self-governing bodies through charters, covenants, and compacts. Through the practice of self-government the colonists developed a practical understanding of politics that diverged from traditional theories. This nontheoretical understanding of politics was handed down to the American revolutionaries and the writers of the Declaration of Independence. So the political principles implicit in the Declaration of Independence are not primarily derived from inherited theories, but were rooted in the practical experiences of the colonists.
The early colonists had little theoretical interest in politics in general or democracy in particular. If anything, they were proudly anti-political and anti-democratic. John Cotton, a leader of the Massachusetts Bay Colony, conceived of “Theocracy … as the best form of government,” and dismissed democracy with the question “if the people be governors, who shall be governed?”Footnote 19 Despite their aversion to democracy in theory, in practice the early settlers quickly developed relatively democratic forms of self-government. Their indifference to politics vanished in the face of dire circumstances – their mutual dependence, their need for effective group action, and the absence of any outside authorities. Arendt argued that the force of circumstances led the colonists to set up institutions of self-government, and that the experience of self-government led them to a few basic insights into the nature of political action.
No theory, theological or political or philosophical, but their own decision to leave the Old World behind and to venture forth into an enterprise entirely of their own led into a sequence of acts and occurrences in which they would have perished, had they not turned their minds to the matter long and intensely enough to discover, almost by inadvertence, the elementary grammar of political action … What they discovered, to be sure, was no theory of social contract in either of its two forms, but rather the few elementary truths on which this theory rests.Footnote 20
The theories of the colonists were less important to Arendt than the nontheoretical understanding of political matters implicit in their actions and words. Her task as an interpreter of the revolution was not to reconstruct the colonists’ political theories but to retrieve their nontheoretical insights:
For our purpose in general, and our attempt to determine with some measure of certainty the essential character of the revolutionary spirit in particular, it may be worthwhile to pause here long enough to translate, however tentatively, the gist of these pre-revolutionary and even pre-colonial experiences into the less direct but more articulate language of political thought.Footnote 21
She aimed to translate the colonists’ practical insights into theoretical terms.
Arendt focused in particular on the contracts by which the colonists organized themselves into self-governing communities. These contracts were economic and religious as well as political. They included the charters with which investors formed joint stock companies to finance the new settlements, the covenants with which the Puritans established new churches, and the compacts with which the settlers founded new towns. To follow her argument, it helps to look closely at three such contracts.
1. The Charter of the Massachusetts Bay Company made the company a self-governing body. It gave the stockholders the right to elect their leaders, and gave these leaders the “full Power and authoritie” to appoint officers, to hold assemblies, and to make and enforce laws within the company. It promised that “all such Orders, Lawes, Statuts and ordinances, Instructions and Directions … shalbe carefullie and dulie observed.” And it proclaimed that all members of the colony and their descendants would enjoy “all liberties and Immunities of free and natural subjects … as if they and everie of them were borne within the Realme of England.”Footnote 22
2. The covenant of the first church of Boston actually preceded the incorporation of Boston itself. In the covenant, the settlers formed a congregation by promising to each other to live a Christian life:
In the churches established by such covenants, it was customary for congregations to decide the criteria for membership, and to appoint their ministers by vote. The first written ballot in America was actually used by the Salem congregation to elect a new minister.Footnote 24Wee whose names are hereunder written, being by His most wise, & good Providence brought together into this part of America in the Bay of Massachusetts, & desirous to unite our selves into one Congregation, or Church, under the Lord Jesus Christ our Head, in such sort as becometh all those whom he hath Redeemed, & Sanctifyed to Himselfe, do hereby solemnly, and religiously (as in His most Holy Proesence) Promisse, & bind o’selves, to walke in all our wayes according to the Rule of the Gospell, & in all sincere Conformity to His holy Ordinance, & in mutuall love, & respect each to other, so neere as God shall give us grace.Footnote 23
3. The Mayflower Compact, which the Pilgrims wrote at sea and signed the day they arrived in America, created a “civill Body Politick” on the basis of mutual promises.
We, whose names are underwritten, the Loyal Subjects of our dread Sovereigne Lord, King James … Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a Voyage to plant the first colony in the Northerne Parts of Virginia; doe, by these Presents, solemnly and mutually in the Presence of God and one of another, covenant and combine ourselves together into a civill Body Politick, for our better Ordering and Preservation, and Furtherance of the ends aforesaid; And by Virtue hereof do enact, constitute, and frame such just and equall Laws, Ordinances, Acts, Constitutions, and Offices, from time to time, as shall be thought most meete and convenient for the Generall Good of the Colonie; unto which we promise all due Submission and Obedience.Footnote 25
It is worth noting that the Pilgrims landed several hundred miles north of their land grant in Virginia, and were not authorized by the king to settle in Plymouth. Nevertheless, they authorized themselves to settle there, and gave themselves the right to elect their own governor.
These three contracts share certain features. All gave full members an equal say in electing leaders. All were based on the unanimous consent of the founding members, and all were guaranteed by mutual promises of support.
Arendt noted that these charters, covenants, and compacts became precedents for the founding of new communities. “This deed quickly became a precedent, and when, less than twenty years later [1639], colonists from Massachusetts emigrated to Connecticut, they framed their own ‘Fundamental Orders’ and ‘plantation covenant’ in a still uncharted wilderness, so that when the royal charter finally arrived to unite the new settlements into the colony of Connecticut it sanctioned and confirmed an already existing system of government.”Footnote 26 Arendt also noted that these civil bodies quickly became more democratic. This was especially the case in the Massachusetts Bay Colony. Less than a year after the colonists arrived in America they turned the company charter into a kind of constitution. In 1631 the company gave almost 120 settlers the rights of the original stockholders. By 1641 all men in the colony were free to attend meetings in their towns, and by 1647 all men had the right to vote in town meetings. Despite their distrust of democracy in theory, in practice they quickly moved towards relatively inclusive and egalitarian forms of self-government.
Arendt claimed the colonists’ use of contracts to form self-governing bodies was rooted not in theory but in a practical understanding of the nature of action and power. “Nothing but the simple and obvious insight into the elementary structure of joint enterprise as such … caused these men to become obsessed with the notion of compact and prompted them again and again ‘to promise and bind’ themselves to one another.”Footnote 27 This claim requires some qualification.
It is true that the colonists worked out their forms of government in response to the practical demands of their situation. Once they found themselves cut off from established political powers and authorities, it quickly became clear that people were not going to follow leaders or obey laws they did not support. In the absence of traditional means of coercion and enforcement, there was no way to make people obey laws or leaders imposed on them from above. The most effective way to ensure that people supported the authorities was to give every full member of the community a say in the deliberations by which leaders were chosen and laws were made, in exchange for a promise to abide by whatever decisions the community reached. Town governments had to be inclusive in order to be effective. In practice this meant that all men who were independent enough to flout the authorities with impunity had to be included in the deliberations by which leaders were chosen and laws were established, since it was only when men had the opportunity to participate in the group’s deliberations that they felt obliged to respect its decisions. Conversely, the colonists felt free to exclude from their meetings all those who were physically weak enough, or dependent enough on others, that they could be forced or coerced into obedience in other ways. It was also for practical reasons that town meetings were typically governed by the principle of consensus rather than of majority decision. In practice, a bare majority was rarely sufficient to make decisions authoritative; people in the minority could simply disregard majority decisions they disagreed with. Town meetings aimed at consensus because decisions were usually respected only when they had the support of all free men. (This view of colonial history is not confined to Arendt. Others have also argued that it was not theories but practical considerations that drove the first settlers to proto-democratic forms of self-government: “Not the principled notions of the New Englanders but the stern necessities of enforcement sustained town-meeting democracy in Massachusetts.”)Footnote 28
Arendt’s claim is slightly misleading. It implies that the colonists’ contracts were simply a natural solution to a practical problem. But there is no reason the contracts had to be horizontal (between equals) rather than vertical (between each member of a group and a single leader). If the king had financed the colonists and had appointed representatives to rule them–to be responsible for their safety and welfare in exchange for their absolute obedience, then the contracts uniting the settlers would have been radically different. The colonists’ decisions to organize themselves by means of horizontal contracts drew on a number of customs: as members of joint stock companies they were accustomed to an equal say in company business; as members of Puritan congregations they were accustomed to appointing their own ministers; and as Britons they were accustomed to the “liberties and Immunities of free and naturall Subjects.” It was only in the context of these customs that it might have seemed “natural” to found communities on the principles of equality, common deliberation, and mutual promises.
What did the experience of self-government teach the colonists about the realities of politics? What were the insights they derived from their experiences?
Arendt argued that the colonists learned from experience two insights into the nature of action. First, that action requires plurality – individuals can initiate projects, but they need others to help carry them out. And second, that to act effectively a group does not have to be united by a common ancestry, similar motives, or shared beliefs; they only have to be united by a common interest:
We then may say that the specifically American experience had taught the men of the Revolution that action, though it may be started in isolation and decided upon by single individuals for very different motives, can be accomplished only by some joint effort in which the motivations of single individuals – for instance, whether or not they are an “undesirable lot” – no longer counts, so that homogeneity of past and origin, the decisive principle of the nation-state, is not required.Footnote 29
What united the colonists from the start was not a shared ancestry, language, religion, or nationality, but a practical commitment to the common good made necessary by the solidarity and mutual reliance required for concerted action.
The experience of concerted action led the colonists to a practical insight into the nature of power – that political power is generated and sustained by mutual promises. Arendt wrote that the demands of action taught the colonists:
Power comes into being only if and when men join themselves together for the purpose of action, and it will disappear when, for whatever reason, they disperse and desert one another. Hence, binding and promising, combining and covenanting are the means by which power is kept in existence; where and when men succeed in keeping intact the power which sprang up between them during the course of any particular act or deed, they are already in the process of foundation, of constituting a stable worldly structure to house, as it were, their combined power of action.Footnote 30
This practical understanding of power was essential to what happened in America:
In other words, what had happened in colonial America prior to the Revolution (and what had happened in no other part of the world, neither in the old countries nor in the new colonies) was, theoretically speaking, that action had led to the formation of power and that power was kept in existence by the then newly discovered means of promise and covenant.Footnote 31
Arendt’s formulation here is not quite precise: what the colonists discovered was not that the power to act was sustained by mutual promises, but that these promises could constitute a purely horizontal contract among equals, rather than a vertical contract of allegiance between ruler and subjects.
Most importantly, Arendt argued, the effectiveness of these horizontal contracts led to an insight into the nature of politics. The colonists learned it is possible to form political communities that exclude any form of rule.
The unique and all-decisive distinction between the settlements of North America and all other colonial enterprises was that only the British emigrants had insisted, from the very beginning, that they constitute themselves into “civil bodies politic.” These bodies, moreover, were not conceived as governments, strictly speaking; they did not imply rule and the division of people into rulers and ruled.Footnote 32
This does not mean that rule was absent in colonial America. There were obviously relations of domination between men and women, parents and children, masters and slaves, Europeans and Indians. What mattered to Arendt was that the colonists effectively founded polities based on the principle of equality among qualified “citizens,” and that within these polities there were elected leaders but no constitutive hierarchy between rulers entitled to command and subjects obliged to obey.
The compacts also showed the difference between power, violence, and authority, according to Arendt. The proliferation of new settlements showed that polities could be founded without recourse to violence and without the authority of a higher power:
The really astounding fact in the whole story is that their obvious fear of one another was accompanied by the no less obvious confidence they had in their own power, granted and confirmed by no one and as yet unsupported by any means of violence, to combine themselves into a “civil Body Politick” which, held together solely by the strength of mutual promise “in the Presence of God and one another”, supposedly was powerful enough to “enact, constitute, and frame” all necessary laws and instruments of government.Footnote 33
In the Massachusetts Bay Charter, for example, the “full Power and authoritie” of the elected leaders comes from the support and respect of those who elected them rather than from any claim to represent a higher authority. Arendt noted that when some of the colonists left Massachusetts to found Connecticut, they were able to establish a government by mutual agreement and to govern themselves for twenty three years before a royal charter retrospectively sanctioned their colony. In light of these events, it became clear that the local and colonial governments derived their effective authority not from the king but from the support and respect of the colonists themselves. This insight was not lost on the revolutionaries. John Adams stressed that the first colonial governments did not derive their authority from the British monarchy:
The first planters of Plymouth were “our ancestors” in the strictest sense. They had no charter or patent for the land they took possession of; and derived no authority from the English parliament or crown to set up their government. They purchased land of the Indians, and set up a government of their own, on the simple principle of nature; … and [they] continued to exercise all the powers of government, legislative, executive, and judicial, upon the plain ground of an original contract among independent individuals.Footnote 34
The experience of self-government taught the colonists that political authority did not have to depend on the authority of a sovereign ruler.
The compacts also made it clear that political authority does not have to depend on religious authority. While in theory the Puritans believed that the laws of men had to rest on the commandments of God, Arendt noted, in practice they had discovered a way to make laws whose authority did not depend on any kind of higher law: “the act of mutual promise is by definition enacted ‘in the presence of one another’; it is in principle independent of religious sanction.”Footnote 35
The experience of self-government also led to a new view of law and consent, according to Arendt. In drafting their compacts, the colonists assumed that the legitimacy of the laws rested on the consent of the community. But the consent implied in a horizontal contract among equals is essentially different from the consent implied in a vertical contract between ruler and subjects. In a vertical contract, subjects promise to obey the laws of a ruler, and in return the ruler promises to protect their basic rights and liberties. As long as these rights and liberties are secure, the subjects owe the ruler their unconditional obedience. “Consent” in this case means acquiescence to the will of a ruler. In a horizontal contract among equals, on the other hand, members of a community make laws through common deliberation and mutual promises, and the laws derive their legitimacy from the support of the community. Members are obliged to follow the laws because they had a chance to participate in making them, and because they have the chance to dissent and to try to persuade their peers that the laws should be changed. “Consent” in this case means an active support of communal agreements. The laws created by a horizontal contract are not imperatives but directives, and they rest not on a passive acquiescence to the will of a ruler but on an active fidelity to the mutual promises on which the laws are based. The spirit of American politics, for Arendt, was born of this new understanding of law:
If Montesquieu was right – and I believe he was – that there is such a thing as “the spirit of the laws,” which varies from country to country and is different in the various forms of government, then we may say that consent, not in the very old sense of mere acquiescence, with its distinction between rule over willing subjects and rule over unwilling ones, but in the sense of active support and continuing participation in all matters of public interest, is the spirit of American law.Footnote 36
The spirit of American laws is this principle of consent: that laws are agreements; that they are legitimate to the extent that they have the active support of the people; that people are bound to follow the laws because they have the right to participate in the political process by which they are made or rescinded, and also the right to dissent and to alter or abolish the laws.
Arendt thought the notion of consent in politics is often a fiction. It is a fiction to say, for example, that people consent to be ruled by a government in exchange for its protection. “Theoretically, this consent has been construed to be the result of a social contract, which in its more common form – the contract between and people and its government – is indeed easy to denounce as mere fiction.”Footnote 37 It is also a mistake to think that a consent to the basic constitution of a society implies a consent to all its laws: “It is often argued that the consent to the constitution, the consensus universalis, implies consent to statutory laws as well, because in representative government the people have helped to make them. This consent, I think, is indeed entirely fictitious; under the present circumstances, at any rate, it has lost all plausibility.”Footnote 38 It is also a fiction to attribute a kind of voluntary assent to laws by people who are excluded from the political community (e.g. disenfranchised women, children, slaves). Those who are excluded from politics are involuntarily subjected to the laws imposed on them.
But Arendt argued the notion of consent captures something essential to political institutions. We are all born into institutions we have not made or chosen; we have been thrown into them rather than joining them voluntarily. They depend for their existence on our willing or unwilling support. We are responsible for them to the extent that we have some room to act and to the degree that, however unwillingly, we tacitly support them. In this sense, tacit consent is not a matter of voluntary agreement to contracts we may choose to enter; it is a matter of responsibility for the institutions we are born into, institutions we have neither chosen nor made. In her view, this responsibility is a basic trait of human existence:
Every man is born a member of a particular community and can survive only if he is welcomed and made at home within it. A kind of consent is implied in every newborn’s factual situation; namely, a kind of conformity to the rules under which the great game of the world is played in the particular group to which he belongs by birth. We all live and survive by a kind of tacit consent, which, however, it would be difficult to call voluntary … Seen from this perspective, tacit consent is not a fiction; it is inherent in the human condition.Footnote 39
Her point is that we are responsible not only for what we have voluntarily chosen or done. We all find ourselves in institutions we have not chosen, but which depend for their existence on our (voluntary or involuntary) support.
Arendt thought the experience of self-government made this kind of consent glaringly obvious to the colonists: “the point is that [consent] was no mere fiction in the American pre-Revolutionary experience.”Footnote 40 The New England town meetings aimed at consensus precisely because the colonists knew from experience that the effective authority of the laws depended on the consent of the townsmen. The practical need for consensus led to a clear understanding of consent.
Consent as it is implied in the right to dissent – the spirit of American law and the quintessence of American government – spells out and articulates the tacit consent given in exchange for the community’s tacit welcome of new arrivals, of the inner immigration through which it constantly renews itself.Footnote 41
In other words, the experience of self-government taught the colonists that the power of political institutions ultimately depends on the willing or unwilling support of those who belong to them. The political principles of consent and dissent help to maintain that support by giving citizens a way to actively take responsibility for inherited institutions, whether that responsibility takes the form of preserving, altering, or abolishing them.
Experience in self-government also showed the basic role of opinion in politics. Precisely because the power of a community depends on the citizens’ consent to its institutions, Arendt argued, these institutions ultimately rest on the citizens’ opinions:
It is the people’s support that lends power to the institutions of a country, and this support is but the continuation of the consent that brought the laws into existence to begin with … All political institutions are manifestations and materializations of power; they petrify and decay as soon as the living power of the people ceases to uphold them. This is what Madison meant when he said “all governments rest on opinion,” a word no less true for the various forms of monarchy than for democracies.Footnote 42
The power of political bodies, for Arendt, rests on the opinions of their members.
The experience of self-government also changed the colonists’ understanding of freedom, in her view. In the British liberal tradition, liberty was conceived as liberation from subjection and independence from the arbitrary will of others. The purpose of government was to protect the right to liberty through laws that secured civil rights and civil liberties. Governments were instituted to establish a sphere of private life in which individuals could freely pursue their own ends as long as they respected the rights and liberties of others. Liberty was supposed to exist outside the political realm, in the sphere of private life. Arendt argued that in town meetings and colonial assemblies the colonists experienced a freedom that exceeded this inherited concept of liberty: not freedom from the power of a ruler, but the freedom that comes from having a share in the power of a self-governing body. Once the colonists had tasted this freedom, they were tempted to retrospectively reinterpret their history by positing this freedom as the end for the sake of which their ancestors had come to America. Arendt laid out this argument in a few sentences worth quoting in full.
Thus Jefferson himself – in a paper for the Virginia Convention of 1774 which in many respects anticipated the Declaration of Independence – had declared that “our ancestors” when they left the “British dominions in Europe” exercised “a right which nature has given all men, … of establishing new societies, under such laws and regulations as to them shall seem most likely to promote public happiness.” If Jefferson was right and it was in quest of “public happiness” that the “free inhabitants of the British dominions” had emigrated to America, then the New World must have been the breeding grounds of revolutionaries from the beginning. And, by the same token, they must have been prompted even then by some sort of dissatisfaction with the rights and liberties of Englishmen, prompted by a desire for some kind of freedom which the “free inhabitants” of the mother country did not enjoy. This freedom they called later, when they had come to taste it, “public happiness”, and it consisted in the citizen’s right of access to the public realm, in his share in public power – to be “a participator in the government of affairs” in Jefferson’s telling phrase – as distinct from the generally recognized rights of subjects to be protected by the government in the pursuit of private happiness even against public power.Footnote 43
In America the colonists discovered a kind of freedom that British subjects did not have – not just the liberty of individuals who are free from the power of government in their private lives, but also the freedom of citizens who have the power to enter public life and to govern themselves. The colonists rediscovered political freedom in the Greek sense of the term: they were free in the sense that they were able to participate in self-government as equals who were willing neither to rule nor to be ruled.
This new experience of freedom led the colonists to a new sense of the dignity and happiness of political life. They were heirs to a philosophical tradition that assumed the active life was lower than the contemplative life, and that the highest happiness lay in philosophy rather than politics. Politics was supposed to be only a means to a higher end, and public life was merely a burden one assumed for the sake of a secure and prosperous private life. Arendt thought the experience of self-government led the colonists to a different estimation of politics. In the town meetings and colonial assemblies they learned that public life liberated them from the isolation and weightlessness of private matters, and that the gravity of political action and the solidarity of political life afforded them a distinct kind of happiness, what they called “public happiness.”
They knew very well, and John Adams was bold enough to formulate this knowledge time and again, that the people went to the town assemblies, as their representatives later were to go to the famous Conventions, neither exclusively because of duty nor, and even less, to serve their own interests but most of all because they enjoyed the discussions, the deliberations, and the making of decisions.Footnote 44
The experience of public life led the colonists to value self-government over any form of rule, and led them to believe it is better to live as a citizen among equals than to live as the subject of even the most enlightened ruler.
Finally, Arendt suggested, these “civil bodies politick” led the colonists to a deep understanding of the ethos of democratic self-government. The town meetings and colonial assemblies were governed by the principles of common deliberation and mutual promises, and so the colonists developed a respect for the virtues of deliberative discourse: civility, judgment, impartiality, mutual respect. They also developed a sense of the sanctity of mutual promises; the obligation to support common agreements was for them a matter of sacred honor. And they developed a sense of public spirit: a concern for the common good; a commitment to public service; and a willingness to subordinate certain private interests to the interests of the community as a whole. The colonists developed a political ethos – a set of principles, virtues, and concerns essential to the success of self-government. In Arendt’s view, politics has an ethical basis in the sense that political life demands of citizens a specific ethos: “Every organization of men, be it social or political, ultimately relies on man’s capacity for making promises and keeping them. The only strictly moral duty of the citizen is this twofold willingness to give and keep reliable assurance as to his future conduct, which forms the pre-political condition of all other, specifically political virtues.”Footnote 45 The demands of self-government pushed them to develop an ethos that supported their political institutions.
In sum: Arendt argued that the practical demands of emigration and settlement led the colonists to develop a distinctive political culture. Pushed by the need for collective order and effective group action, they learned to use covenants and compacts to organize themselves into relatively democratic communities. It quickly became clear that in the absence of official authorities the most practical form of government was self-government. The best way to get people to support town governments was to hold town meetings and to include in the political process all those who could not simply be forced to obey. Democracy was necessary where force did not work. The experience of self-government gave the colonists real insight into the basic realities of political life: action, power, authority, law, consent, and freedom. It also led them to appreciate the happiness of political action and the dignity of political life. The emergence of town meetings and colonial assemblies marked a new birth of politics in the modern age. But despite their innovations in political practice, the colonists remained bound to the conceptual framework of European political theory and their practical insights remained theoretically inarticulate.
Arendt’s interpretation of colonial history framed her view of the Revolution. How then did she interpret the American Revolution?
The Revolution
Arendt distinguished revolutions from similar phenomena, such as rebellions, restorations, civil wars, and coups d’état. “Revolutions are more than successful insurrections and … we are not justified in calling every coup d’état a revolution or even in detecting one in each civil war.”Footnote 46 In a rebellion, people rise up against an oppressive government. In a restoration, an illegitimate ruler is deposed and replaced with a legitimate heir to power. In a civil war, different factions of a nation engage in open combat. In a coup d’état, a small group seizes power by force. Even in the common sense of the word, “revolution” refers to something distinct – a fundamental change in the form of government and the birth of a new political order.
This concept of revolution is relatively recent: “The modern concept of revolution, inextricably bound up with the notion that the course of history suddenly begins anew, that an entirely new story, a story never known or told before, is about to unfold, was unknown prior to the two great revolutions at the end of the eighteenth century.”Footnote 47 Before the American War of Independence, the word “revolution” had been used to name restorations of monarchical power, such as the return of the Stuart monarchy in 1660, and the overthrow of James II and the coronation of William and Mary in 1688. When “revolution” was first applied to political events, the word still had the sense of cyclical motion. It meant not a new beginning but a return to the old order of things.Footnote 48 While the word “revolution” existed in the eighteenth century, eighteenth-century political discourse had no concept for what happened in America between 1776 and 1787. “Although there were enough words in pre-modern political language to describe the uprising of subjects against a ruler, there was none which would describe a change so radical that the subjects became rulers themselves.”Footnote 49
Arendt argued that premodern political language lacked a concept of revolution because revolution itself is a distinctly modern phenomenon: “revolutions, properly speaking, did not exist prior to the modern age.”Footnote 50 There were of course rebellions before 1776, but these rebellions were not revolutions in the modern sense of the word: “The aim of such rebellions was not a challenge of authority or the established order of things as such; it was always a matter of exchanging the person who happened to be in authority, be it the exchange of a usurper for the legitimate king or the exchange of a tyrant who had abused his power for a lawful ruler.”Footnote 51 While there had often been revolts in which subjects exchanged a bad ruler for a better one, Arendt thought, there had rarely been popular uprisings that aimed to change the form of government itself.
To grasp what a revolution is we have to understand the events that engendered the modern sense of the word.
If we want to learn what a revolution is – its general implications for man as a political being, its political significance for the world we live in, its role in modern history – we must turn to those historical moments when revolution made its full appearance, assumed a kind of definite shape, and began to cast its spell over the minds of men, quite independent of the abuses and cruelties and deprivations of liberty which might have caused them to rebel. We must turn, in other words, to the French and the American Revolutions…Footnote 52
What happened in America between 1776 and 1787? What was the nature of the event? What does it mean to call the event a revolution? What is revolution?
Arendt stressed that the American Revolution began as a restoration – an attempt by the colonists to correct abuses of power by the British authorities, and to restore their civil rights and civil liberties as British subjects. The colonists claimed their actions were firmly based on precedent. In particular, they appropriated the language of the Glorious Revolution of 1688 in order to claim as a precedent the events that had deposed James II and established William and Mary on the British throne. They called the Continental Congress a “convention” after the illegal meeting of Parliament that presided over the events of 1688. They called their statement of principles a “Bill of Rights,” and modeled it on the Bill of Rights adopted by Parliament in 1689. Above all, by calling themselves “revolutionaries” they claimed to be more faithful to the legacy of the Glorious Revolution than the British authorities.Footnote 53 The colonists at first aimed only to restore the old order of things: “They pleaded in all sincerity that they wanted to revolve back to old times when things had been as they ought to be.”Footnote 54 Ben Franklin wrote that, at the start of the Revolution, no one wanted independence from Britain: “I never had heard in any Conversation from any Person drunk or sober, the least Expression of a wish for a Separation, or Hint that such a Thing would be advantageous to America.”Footnote 55 The initial aim of the revolutionaries was to restore the old order.
But the aim of the Revolution changed. The goal of reconciliation with Britain gave way to the goal of independence, and the aim of the revolutionaries shifted from the restoration of a constitutional monarchy to the foundation of a republic.
It was not inevitable that the United States would become a republic. Arendt noted that some colonists envisioned a new American monarchy: “even in 1776 a correspondent to Samuel Adams could still write: ‘We now have a fair opportunity of choosing what form of government we think proper, and contract with any nation we please for a king to reign over us’.”Footnote 56 A new monarchy would have been consistent with the original aims of the revolutionaries: since the revolutionaries first aimed only to restore their civil rights and civil liberties, these rights and liberties could well have been protected under a constitutional monarchy.
Constitutional government was even then, as it is still today, limited government, in the sense in which the eighteenth century spoke of a “limited monarchy”, namely, a monarchy limited in its power by virtue of laws. Civil liberties as well as private welfare lie within the range of limited government, and their safeguard does not depend on the form of government.Footnote 57
If the aim of the Revolution were only to restore a limited constitutional government, it is not clear why the revolutionaries moved from the condemnation of a particular monarch to a condemnation of monarchy in general, or why they eventually decided that the only form of government worthy of a free people was a republic. Why did the Revolution end in the foundation of a republic?
Arendt answered these questions with a simple thesis: in the course of events the aim of the revolutionaries shifted from liberation to freedom.
Liberation in her view means emancipation from subjection. To be liberated means to be free from any higher power. Liberation aims at negative freedom: to be at liberty means to be free from any form of constraint or compulsion. The civil liberties guaranteed by liberal government are negative freedoms in this sense – freedom of speech means freedom from restraints on speech; freedom of movement means freedom from constraints on movement. The aim of classic political liberalism is to limit the power of government and so to protect these essentially negative liberties.
Freedom, on the other hand, is for Arendt the space of possibilities that are actually open to us. To be free means not simply to be free of constraints, but to have the power to act. The measure of freedom is the range of what we can actually do. Freedom in this sense depends on power. Power is generated when people form communities that can act in concert. The power-to-act generated by political communities increases the range of what citizens can do. Political power in this sense opens a space of freedom.
Civil liberties and political freedom are thus distinct, according to Arendt. Liberty means limits on the power of government; freedom means a share in the power of government. Emancipation from oppression is a matter of liberation; enfranchisement as a citizen is a matter of freedom.
But civil liberties and political freedom are intrinsically related, Arendt argued, since liberty is a condition of political freedom. No political community is possible without the right to free speech, the right to assemble, without the security guaranteed by the right to life, etc. The liberties protected by liberal government are the conditions but not the essence of political freedom: “All these liberties, to which we might add our own claims to be free from want and fear, are of course essentially negative; they are the results of liberation but they are by no means the actual content of freedom, which, as we shall see later, is participation in public affairs, or admission to the public realm.”Footnote 58
What happened during the Revolution was that the struggle for liberation became a fight for political freedom. Before 1776 the practice of self-government had allowed the colonists to experience a certain degree political freedom: “What was a passion and a ‘taste’ in France clearly was an experience in America.”Footnote 59 But the Revolution forced them to engage in public life with unprecedented commitment and intensity; from 1765 to 1775, in response to a series of acts by Parliament that interfered with their customary self-government, the colonists learned to organize meetings, demonstrations, boycotts, civic associations, committees of correspondence, committees of public safety, militias, illegal assemblies, and finally Continental Congresses. It was in the course of events that the revolutionaries fully realized the power of concerted action and the happiness of public life.
It was in the very nature of their enterprise that they discovered their own capacity and desire for the “charms of liberty”, as John Jay once called them, only in the very act of liberation. For the acts and deeds which liberation demanded of them threw them into public business, where, intentionally or more often unexpectedly, they began to constitute that space of appearances where freedom can unfold its charms and become a visible, tangible reality.Footnote 60
The struggle for liberation led the revolutionaries to embrace political life. It forced them into “the speechmaking and decision-taking, the oratory and the business, the thinking and the persuading, and the actual doing” that is the gist of politics.Footnote 61 The life-or-death stakes of their enterprise minimized the factionalism and the power struggles that we today tend to identify with politics. And against the weight of their whole tradition – for which public life was supposed to be a burden, and politics a necessary evil – they discovered that political action gave them an unexpected sense of happiness: “It was through these experiences that those who, in the words of John Adams, had been ‘called without expectation and compelled without previous inclination’ discovered that ‘it is action, not rest, that constitutes our pleasure’.”Footnote 62 The experience of political action pushed the revolutionaries to shift their aims from a defense of their civil rights and liberties to a fight for political freedom.Footnote 63
This fight for political freedom is essential to revolution. While the end of rebellion is liberation, Arendt wrote, the end of revolution is freedom: “the aim of revolution was, and always has been, freedom.”Footnote 64
The revolutionaries ended up rejecting monarchy and founding a republic, she argued, precisely because the aim of the revolution shifted from liberation to freedom. While a constitutional monarchy could have protected their civil rights and civil liberties, only a republic could provide an institutional space for the practice of politics and the freedom of self-government.
The difficulty here is that revolution as we know it in the modern age has always been concerned with both liberation and freedom. And since liberation, whose fruits are absence of restraint and possession of ‘the power of locomotion’, is indeed a condition of freedom … it is frequently very difficult to say where the mere desire for liberation, to be free from oppression, ends, and the desire for freedom as the political way of life begins. The point of the matter is that while the former, the desire to be free from oppression, could have been fulfilled under monarchical – though not under tyrannical, let alone despotic – rulership, the latter necessitated the formation of a new, or rather rediscovered form of government; it demanded the constitution of a republic.Footnote 65
Unlike the British in 1660 and 1688, the American revolutionaries were not content to exchange a bad ruler for a better one while retaining the same form of government. They aimed to found a new form of government.
Founding a new form of government is essential to revolution, for Arendt:
Only where change occurs in the sense of a new beginning, where violence is used to constitute an altogether different form of government, to bring about the formation of a new body politic, where the liberation from oppression aims at least at the constitution of freedom, can we speak of revolution.Footnote 66
A successful revolution ends in the constitution of a new form of government, a government that abolishes the division between ruler and subjects and that allows citizens to govern themselves.
Arendt thought this experience of political innovation was itself new: “This relatively new experience, new at any rate to those who made it, was at the same time the experience of man’s faculty to begin something new.”Footnote 67 And this new experience of political innovation was at the root of the revolutionaries’ “pathos of novelty” – the sense that they were inaugurating a new order of the ages. Thomas Paine articulated this pathos when he wrote that “We have every opportunity and every encouragement before us, to form the noblest, purest constitution on the face of the earth. We have it in our power to begin the world over again … The birthday of a new world is at hand.”Footnote 68 This pathos of novelty distinguished the American Revolution from the restorations of 1660 and 1688. For Arendt, it is an essential trait of revolution: “Only where this pathos of novelty is present and where novelty is connected with the idea of freedom are we entitled to speak of revolution.”Footnote 69
Arendt suggested that one more trait may be essential to revolution. Both the American and the French Revolutions ended up founding secular states, and establishing a clear distinction between politics and religion. Political authority no longer needed the sanction of religious authority. Positive laws no longer had to be grounded on divine law. The realm of politics was no longer included within and subordinated to the realm of religion.
Secularization, the separation of religion from politics and the rise of a secular realm with a dignity of its own, is certainly a crucial factor in the phenomenon of revolution. Indeed, it may ultimately turn out that what we call revolution is precisely that transitory phase which brings about the birth of a new, secular, realm.Footnote 70
The secularization of politics may perhaps also be an essential trait of revolution. The American Revolution, in this way, marked the rebirth of politics as a distinct sphere of existence with a meaning and a dignity of its own.
What then is the meaning of revolution? What distinguishes revolution from other forms of political upheaval?
Arendt singled out four traits of the American Revolution. It aimed not just at liberation from oppression but at political freedom. It ended with the founding of a new form of government. It was marked by a pathos of novelty rooted in an intense experience of the human capacity for innovative action. And it separated politics from religion, and so marked the rebirth of politics as a distinct sphere of existence. The War for Independence gave the word “revolution” a new sense – revolution as a popular insurrection that aims to establish a sphere of political freedom by founding a new form of government. Arendt did not think this was the only proper sense of the word; but she thought it was a distinct sense, born of a distinct phenomenon of modern politics.
How did the revolutionaries themselves understand revolution?
On a practical level they understood the meaning of revolution, Arendt argued, but in their theorizing they failed to fully grasp and articulate what they were doing. It was clear to them that the aim of the Revolution was freedom: “once the revolutions had begun to run their course … the novelty of the story and the innermost meaning of its plot became manifest to actors and spectators alike. As to the plot, it was unmistakably the emergence of freedom.”Footnote 71 But they did not clearly distinguish between liberation and freedom, civil rights and political rights, freedom from tyranny and the freedom of self-government: “those who tried their hand at both liberation and the foundation of freedom more often than not did not distinguish between these matters very clearly either.”Footnote 72 The revolutionaries acted on the practical understanding of politics that had developed from the first compacts among the colonists through decades of town meetings and colonial assemblies, and their actions revealed a new understanding of some of the basic realities of politics. But in their theories the revolutionaries remained indebted to the conceptual framework of British political discourse, and the nontheoretical insights of the revolutionaries were interpreted or misinterpreted in terms of traditional political theory.
Political freedom, for example, was described in terms of civil liberties.
Since their original intention had not been the foundation of freedom but the recovery of the rights and liberties of limited government, it was only natural that the men of the revolution, when finally confronted by the ultimate task of revolutionary government, the foundation of a republic, should be tempted to speak of the new freedom, born in the course of the revolution, in terms of ancient liberties.Footnote 73
The revolutionaries justified their actions with appeals to the traditional rights to property and to representation for the purposes of taxation. They rejected the British claim that they were “virtually” represented in Parliament, and they argued that only the elected colonial assemblies had the authority to set taxes. In doing so, their defense of traditional rights merged with their claim to a right to self-government. And this claim was entirely new: “Among the rights, the old privileges and liberties of the people, the right to a share in government was conspicuously absent. And such a right to self-government is not even fully present in the famous right of representation for the purposes of taxation.”Footnote 74 By conceiving their fight for political freedom as a defense of civil liberties, the revolutionaries obscured the real meaning of what they were doing.
In the same way, for Arendt, the revolutionaries’ practical understanding of power was obscured by inherited concepts of sovereignty and rule. The colonists had learned to generate political power with horizontal contracts of mutual promises, and the Revolution showed how deeply this practice had taken root: “What the American Revolution actually did was to bring the new American experience and the new American concept of power out into the open.”Footnote 75 The Revolution unleashed at the state and national level the colonial practice of covenant and compact: “Since the colonial governments had originally been made without any reference to king or prince, it was as though the Revolution liberated the power of covenant and constitution-making as it had showed itself in the earliest days of colonization.”Footnote 76
The astounding fact that the Declaration of Independence was preceded, accompanied, and followed by constitution-making in all thirteen colonies revealed all of a sudden to what extent and entirely new concept of power and authority, an entirely novel idea of what was of prime importance in the political realm had already developed in the New World, even though the inhabitants of this world spoke and thought in the terms of the Old World and referred to the same sources for inspiration and confirmation of their theories.Footnote 77
The collapse of royal power in the colonies showed that the power of rulers is always derivative, in the sense that it derives from the support of a group and collapses when that group withdraws its support. The power of citizens acting in concert was shown when the colonists essentially forced the British to repeal unpopular policies (the Stamp Act and the Townsend duties). The Revolution itself showed the difference between power-over-others and the power-to-do, between the power to command generated by a vertical contract between ruler and subjects, and the concerted power generated by horizontal compacts among equals. Despite these experiences, Arendt argued, the revolutionaries continued to think of political power in terms of sovereignty and rule.
Just as the old concept of liberty, because of the attempted restoration, came to exert a strong influence on the interpretation of the new experience of freedom, so the old understanding of power and authority, even if their former representatives were most violently denounced, almost automatically led the new experience of power to be channeled into concepts which had just been vacated.Footnote 78
The revolutionaries abolished institutions of sovereign rule and established institutions of self-government. But by conceiving of self-government in terms of “self-rule” and “popular sovereignty,” they obscured the nature of republican government and distorted their own practical understanding of political power.
So there was a gap between the revolutionaries’ political theories and their nontheoretical understanding of politics. This gap ran through all revolutionary discourse, including the Declaration of Independence. To understand the Declaration, Arendt suggested, it is not enough to trace its language back to British political theories. We have to focus on tensions and ambiguities within the text of the Declaration, and to read them as symptoms of a tension between implicit insight and explicit theory. How then did Arendt read the Declaration of Independence?
The Declaration of Independence
In 1776 the revolutionaries confronted a fundamental problem: after the British dissolved the colonial assemblies, the revolutionaries had no lawful claim to power. Their lawmaking was illegal and their attempt to constitute a new government was unconstitutional. When they sought to declare independence and to establish a new political order, they could not legitimate their actions within the established order. They had no official authority.
This problem is inherent in all revolutionary action, according to Arendt. Revolutionary action is always caught in a vicious circle: it is legitimate within the order it seeks to found, and illegitimate within the order it seeks to replace.
Those who get together to constitute a new government are themselves unconstitutional, that is, they have no authority to do what they have set out to achieve. The vicious circle in legislating is present not in ordinary lawmaking, but in laying down the fundamental law, the law of the land or the constitution which, from then on, is supposed to incarnate the ‘higher law’ from which all laws ultimately derive their authority.Footnote 79
Ordinary lawmaking may be authorized by the basic laws of a constitution. But revolution – the act of laying down basic laws – cannot be authorized by any prior law.
What the royal charters and the loyal attachment of the colonies to king and Parliament in England had done for the people in America was to provide their power with the additional weight of authority; so that the chief problem of the American Revolution, once this source of authority had been severed from the colonial body politic in the New World, turned out to be the establishment and foundation not of power but of authority.Footnote 80
The fundamental problem was a problem of foundations: What is the source and ground of political authority?
Political authority became a problem only with the emergence of secular politics, according to Arendt. As long as politics was subordinated to religion, the authority of worldly power was unquestionably grounded in the authority of the church. It was the separation of politics and religion that raised questions about the source of political authority: “Secularization, the emancipation of the secular realm from the tutelage of the Church, inevitably posed the problem of how to found and constitute a new authority.”Footnote 81 The act of foundation made authority a problem.
The problem of authority is different from the problem of power. The colonists had learned to generate power through compacts of mutual promises, but power alone is not enough to found a stable and lasting government.
While power, rooted in a people that had bound itself by mutual promises and lived in bodies constituted by compact, was enough “to go through a revolution” (without unleashing the boundless violence of the multitudes), it was by no means enough to establish a “perpetual union”, that is, to found a new authority. Neither compact nor promise upon which compacts rest are sufficient to assure perpetuity, that is, to bestow upon the affairs of men that measure of stability without which they would be unable to build a world for their posterity, destined and designed to outlast their own mortal lives.Footnote 82
To be stable, governments need not just power but authority. They have to inspire enough respect that citizens will support the laws and follow them freely. To found a government on a constitution that has nothing behind it but the will of a sovereign (whether that sovereign is a king, a class, or a majority) is to build a government on a foundation of sand. A constitution without authority may be changed at will or replaced whenever a new sovereign comes to power. The revolutionaries knew that the act of foundation would be futile if the constitution did not inspire (in the words of James Madison) “that veneration which time bestows on every thing, and without which the wisest and freest government would not possess the requisite stability.”Footnote 83 They sought not just to constitute a new power structure but to found a new authority.
The Revolution raised basic questions: What legitimates fundamental laws? What gives authority to a constitution? What is the ultimate ground of political authority?
“The Laws of Nature and of Nature’s God”
In her genealogy of authority, Arendt argued that Christian thinkers had adopted the Roman distinction between power and authority, conceding worldly power to kings but claiming authority for the Church. For centuries royal power had needed the sanction of the Church in order to have authority. Christian thinkers had also adopted the Aristotelean notion of natural law and the Platonic assumption that the authority to rule is conferred by knowledge of transcendent and absolute standards of right, and they identified these absolute standards with the laws of God revealed in the scriptures and the laws of nature discoverable by reason. Worldly rulers had authority only if they obeyed the laws of nature and of God.
The American revolutionaries inherited this tradition, Arendt argued, and took for granted three basic assumptions: (1) political authority must be based on standards of right that are absolute, in the sense that they do not depend on us and are obligatory regardless of our consent; (2) political authority must be based on standards that are transcendent in the sense that they transcend human power and so transcend the realm of politics; (3) political authority ultimately has to be sanctioned by religious authority – “authority as such had become unthinkable without some sort of religious sanction.”Footnote 84
These assumptions underlie a traditional dilemma in political theory. It seems that political authorities are either sanctioned by a higher authority, or else they rule simply because they have power. Either laws are derived from a transcendent source of authority, and so are obligatory in and of themselves, or else laws are simply the dictates of those in power, commands that ultimately rest on nothing more than the threat of force. The revolutionaries seemed to be caught in this dilemma. They were acutely aware that they had no official authority, and that they were vulnerable to the accusation that the revolution was simply a war for power.
The revolutionaries responded to the problem of authority by falling back on traditional theories of natural right, Arendt argued, and by invoking a higher law of nature beyond the laws of human beings. They began the Declaration by appealing to “the Laws of Nature.”
For the men of the Revolution, who prided themselves on founding republics, that is, governments “of law and not of men”, the problem of authority arose in the guise of the so-called “higher law” which would give sanction to positive, posited laws. No doubt, the laws owed their factual existence to the power of the people and their representatives in the legislatures; but these men could not at the same time represent the higher source from which these laws had to be derived in order to be authoritative and valid for all, the majorities and the minorities, the present and the future generations.Footnote 85
The appeal to natural law responded to the demand for an absolute and transcendent source of political authority, since laws of nature are by definition independent of human thought and beyond human power.
But the appeal to natural law was not enough. Early modern political theorists assumed that natural laws in themselves had no authority unless they had been authored by a divine legislator. This assumption led Locke to conclude that the fundamental law of civil society could only be founded on an “appeal to God in Heaven.” It led Rousseau to conclude that in order to establish human laws on higher laws “one would need gods.” It led Robespierre to attempt to found a cult of the Supreme Being.Footnote 86 The revolutionaries inherited this assumption, which was implicit in traditional concepts of authority, and were unable to conceive of political authority without religious sanction. This is why they added to their appeal to natural law an appeal to “Nature’s God.”
In order to be a source of authority and bestow validity upon man-made laws, one had to add to “the law of nature”, as Jefferson did, “and nature’s God”, whereby it is of no great relevance if, in the mood of the time, this god addressed his creatures through the voice of conscience or enlightened them through the light of reason rather than through the revelation of the Bible. The point of the matter is that natural law itself needed divine sanction to become binding for men.Footnote 87
To be authoritative, human law had to be founded on natural law, and natural law itself had to be authored by a divine legislator.
The same logic underlies the appeal to natural rights. Just as positive law had to be based on divine law, so positive rights had to be based on God-given rights. So the Declaration says not just that all men have certain unalienable rights, but that they are endowed with such rights by their Creator. The idea that positive rights must be derived from God-given rights followed from the assumption that political authority needed religious sanction. This assumption underlies the claim that American political institutions ultimately rest on a religious foundation – that (in the words of Justice William O. Douglas) “We are a religious people whose institutions presuppose a Supreme Being.”Footnote 88
This assumption is complicated by a stubborn fact: there is no mention of God in the Constitution of the United States. The founders who wrote it did not appeal to a Supreme Being. This absence of God in the Constitution did not go unnoticed in 1787. During and after the debates over ratification, the Constitution was denounced as a godless document. Timothy Dwight lamented that “We formed our Constitution without any acknowledgment of God; without any recognition of His mercies to us, as a people, of His government, or even of His existence. The convention, by which it was formed, never asked even once, His direction, or his blessings, upon their labors. Thus we commenced our national existence under the present system, without God.”Footnote 89 Yet after the process of debate and ratification, the Constitution was accepted as authoritative, and it continues to inspire a respect bordering on veneration.
How to explain this tension? The appeal to God seems essential to the authority of the Declaration. How could it fail to appear in the Constitution? To understand this tension we have to see the gap between the revolutionaries’ theoretical concepts and their practical understanding of political authority.
In their practical understanding of political authority, the revolutionaries’ thinking was rooted in the colonial experience of self-government. The first settlers had learned to use compacts to form political bodies that elected their own leaders and made their own laws, and the practice of self-government then expanded into town meetings and colonial assemblies. In these political bodies, it became clear that the authority of leaders and laws rested on the respect of the governed rather than on any claim to represent a higher authority. And this respect rested in turn on the fact that they had been chosen through a political process governed by principles of common deliberation and mutual promises. Members were obliged to respect the outcome of the process precisely because they had a chance to participate in deliberations and had an equal say in the final decision. Without quite understanding what they were doing, Arendt argued, the colonists learned to constitute political bodies whose authority did not depend on religious sanction: “the act of mutual promise … is in principle independent of religious sanction.”Footnote 90 In the practice of self-government they came to understand laws not as the commands of a ruler but as promises among equals. And so they came to understand that political authority does not necessarily depend on the sanction of a higher authority, but rests on the respect for laws inspired by the political process itself.
But in their theorizing, the revolutionaries still felt compelled to appeal to a higher authority, since they continued to think of politics in terms of inherited concepts. Arendt traced the lineage of this inheritance in her genealogy of the concept of law. The traditional concept of law was in part the legacy of theories of absolute monarchy, for which worldly power needed the sanction of religious authority.
The whole problem of an absolute which would bestow validity upon positive, man-made laws was partly an inheritance from absolutism, which in turn had fallen heir to those long centuries when no secular realm existed in the Occident that was not ultimately rooted in the sanction given to it by the Church, and when therefore secular laws were understood as the mundane expression of a divinely ordained law.Footnote 91
More importantly, for Arendt, the traditional concept of law was the legacy of Christian theories of government, which conceived authority on the model of a divine ruler and conceived law on the model of divine commandments.
It was of even greater importance and impact that the very word ‘law’ had assumed an altogether different meaning throughout these centuries. What mattered was that – the enormous influence of Roman jurisprudence and legislation upon the development of medieval as well as modern legal systems and interpretations notwithstanding – the laws themselves were understood to be commandments, that they were construed in accordance with the voice of God, who tells men: Thou shalt not. Such commandments obviously could not be binding without a higher, religious sanction.Footnote 92
Law was understood on the model of divine commandment: “the model in whose image Western Mankind had construed the quintessence of all laws, even of those whose Roman origin was beyond doubt … was itself not Roman at all; it was Hebrew in origin and represented by the divine Commandments of the Decalogue.”Footnote 93 This model of law led the revolutionaries to assume that political laws were analogous to the laws of God, and that, in order to have authority, secular law had to be the mundane expression of divinely ordained law. Arendt argued that the revolutionaries felt compelled to appeal to an absolute and transcendent source of authority because in theory they continued to conceive of laws as commands.
There was no avoiding the problem of the absolute … because it proved to be inherent in the traditional concept of law. If the essence of secular law was a command, then a divinity, not nature but nature’s God, not reason but a divinely informed reason, was needed to bestow validity on it.Footnote 94
The Declaration’s appeal to God was required by the traditional concept of law and traditional theories of political authority.
This demand for a transcendent source of authority was based on a misconception of law, Arendt argued. Laws seem to require a transcendent source of authority only when they are conceived as commands that are obligatory in and of themselves.
Only to the extent that we understand by law a commandment to which men owe obedience regardless of their consent and mutual agreements, does the law require a transcendent source of authority for its validity, that is, an origin which must be beyond human power.Footnote 95
To conceive of laws as commandments is to think of them as imperatives. But laws are essentially directives. Laws do not need a transcendent source of authority in order to be authoritative.
The common dilemma – either the law is absolutely valid and therefore needs for its legitimacy an immortal, divine legislator, or the law is simply a command with nothing behind it but the state’s monopoly on violence – is a delusion. All laws are “‘directives’ rather than ‘imperatives.’” They direct human intercourse as the rules direct the game.Footnote 96
As a matter of theory, the appeals to the laws of nature and of nature’s God were the solution to a false problem.
The Constitution of the United States is godless because it embodies the Founders’ nontheoretical understanding of law. The Founders understood that political authority does not have to be based on religious authority, and that the fundamental laws of a people do not have to be based on natural or divine laws. They established a secular government, and a political sphere distinct from the sphere of religion.
The Declaration embodies the tension between this practical understanding of law and the concept of law the revolutionaries inherited from the tradition. The traditional concept of law led them to believe that laws needed religious sanction, even when experience had taught them in practice to create authoritative laws without any appeal to religious authority.Footnote 97
A similar tension appears in the Declaration’s Bill of Rights.
“We Hold These Truths to be Self-Evident”
The Declaration has two sides. On the one hand, it is an act of revolution – an attempt to unite the colonists, to win over allies, to renounce allegiance to the British crown, and to found a new nation. On the other hand, it is a brief statement of political theory – an attempt to justify a break with Britain and to state the basic principles of a new government. In a sense the Declaration is two documents in one: a practical political document aimed at getting things done, and a theoretical document grounded on an appeal to self-evident truths.
The appeal to self-evident truth has a long history. Arendt argued that it goes back to Plato, who aimed to replace the self-government of citizens through persuasion with the rule of philosopher-kings through true knowledge.
It was after Socrates’ death that Plato began to discount persuasion as insufficient for the guidance of men and to seek for something liable to compel them without using external means of violence. Very early in his search he must have discovered that truth, namely, the truths we call self-evident, compels the mind, and that this coercion, though it needs not violence to be effective, is stronger than persuasion and argument.Footnote 98
The task of the political philosopher, for Plato, is to know the true measures of right, to make these truths evident to reason, and to design an ideal polity on the basis of these self-evident truths. This task was taken up by John Locke, who aimed to discover principles of right that were as self-evident as the axioms of mathematics: “I doubt not but from self-evident propositions, by necessary consequences, as incontestable as those in mathematics, the measure of right and wrong might be made out.”Footnote 99 This task passed from Locke to the American Revolutionaries, who justified their actions through an appeal to “self-evident” “truths.” Jefferson later wrote that his intent in the Declaration was “to place before mankind the common sense of the subject in terms so plain and firm as to command their assent.”Footnote 100 His model of self-evident truth was mathematical demonstration, the rigorous deduction of theorems from a few self-evident principles. In the Bill of Rights he imitated the form of mathematical reasoning, laying out a few principles of political theory and then deducing from them a right to revolution.
But the Declaration has another side. Arendt noted that it was also modeled on the colonial compacts that the first settlers used to found “civil bodies politic.” Like those compacts, it contains a statement of basic principles, a pledge of mutual support, and the signatures of the founders. As a practical document – as an act of revolution rather than a statement of theory – the Declaration was part of a long tradition of colonial charters, covenants, and compacts.
So the Declaration is modeled on two different kinds of discourse, and these two forms of discourse have different kinds of validity. The principles of mathematics are absolutely valid, in that their validity does not depend on our consent. They are valid whether or not we agree with them, and they are beyond our power to change. As a theoretical document, the Declaration claims that its principles are valid in this absolute sense. By contrast, the principles in the founding charter of a political body derive their validity only from the agreement of the body; they are valid only as long as they are held by the body, and they can be altered or abolished whenever they lose the body’s support. As a practical document the Declaration sought to establish its validity by claiming and winning over the support of the colonists. There is a tension in the Declaration between two kinds of discourse, and these two different claims to validity.
This tension produces a remarkable ambiguity. The Declaration’s Bill of Rights begins with the words: “We hold these truths to be self-evident.” These words are so familiar we tend not to notice that they are profoundly strange. Their strangeness comes from a tension between the affirmation “We hold” and the appeal to “self-evident” “truths.”
The appeal to “self-evident” “truths” belongs to the discourse of theory. It implies the principles of the Declaration are absolutely valid, that they articulate absolute standards against which the relative legitimacy of governments can be measured, that their validity does not depend on their effectiveness or on the support of the people, that they are beyond human power, and that they transcend the realm of politics.
The affirmation “We hold” belongs to the discourse of practical politics, the language of compacts and reciprocal promises. It shows that the Declaration is in part an act of agreement. “We hold” implies that the Bill of Rights is part of an act of mutual commitment to a shared set of principles, that the validity of the principles depends on this commitment rather than on any claim to absolute truth. The value of these principles is not a matter of truth but of effectiveness – whether the principles seem most likely to “effect” the safety and happiness of the people. And the meaning of these principles is not self-evident; they are open to interpretation.
It would make sense to say, “We hold these principles to be most likely to effect our safety and happiness.” It would make sense to say, “These truths are self-evident.” But to say “We hold these truths to be self-evident” is to say something profoundly strange. If the text is simply a statement of truth, the “We hold” is inexplicable. Why bother to affirm that “we hold” principles to be self-evident if those principles really are self-evidently true? If the text is a declaration of agreement, the claim to self-evidence is superfluous. Why bother to declare that principles are “self-evident,” when what is at stake is whether they seem most likely to effect our safety and happiness?
Arendt argued that the words “We hold these truths to be self-evident” conflate in one sentence two essentially different kinds of discourse.
Jefferson’s famous words, “We hold these truths to be self-evident”, combine in a historically unique manner the basis of agreement between those who have embarked upon revolution, an agreement necessarily relative because related to those who enter it, with an absolute, namely with a truth that needs no agreement since, because of its self-evidence, it compels without argumentative demonstration or political persuasion.Footnote 101
In the affirmation of self-evidence there is a tension between two essentially different claims to validity.
There is an obvious historical explanation for this tension: in the first draft of the Declaration Jefferson wrote, “We hold these truths to be sacred and undeniable.” The affirmation “We hold” makes sense in the context of this profession of faith. But Jefferson (perhaps influenced by Ben Franklin) later changed “sacred and undeniable” into “self-evident.”Footnote 102 It may have been that, under the pressure of events, he did not realize it makes no sense to profess faith in something self-evident.
But Arendt suggested a more illuminating explanation: this tension was produced by the gap between the revolutionaries’ political theories and their practical understanding of politics. The revolutionaries inherited from the philosophical tradition the theoretical project of founding a government on absolute and transcendent standards of right, political principles as clear and certain as the principles of mathematics. But they had also inherited from the earliest colonists the practice of constituting political bodies through compacts of mutual promises, and they knew that political principles did not depend for their authority on claims to absolute truth but that their authority rested on opinions about the way of life they made possible.
Arendt made three points about the claim to self-evidence.
First, she argued that the principles are not self-evident. Their meaning is not transparent, and a single meaning cannot be made obvious to any rational person. They have been interpreted differently by reasonable people for almost 250 years. The principles of the Declaration are not self-evidently true in the same sense as the axioms of mathematics. The claim to self-evidence should be understood rather as an affirmation of consensus among the revolutionaries, according to Arendt. To say they are self-evident is to affirm that we consider them beyond dispute.
Thus in the Declaration of Independence, Jefferson declared certain “truths to be self-evident,” because he wished to put the basic consent among the men of the revolution beyond dispute and argument; like mathematical axioms, they should express “beliefs of men” that “depend not on their own will, but follow involuntarily the evidence proposed to their minds.” Yet by saying “We hold these truths to be self-evident,” he conceded, albeit without becoming aware of it, that the statement “All men are created equal” is not self-evident but stands in need of agreement and consent – that equality, if it is to be politically relevant, is a matter of opinion, and not “the truth.”Footnote 103
To be clear: Arendt was not criticizing the principles of the Declaration. To deny the self-evidence of the principles is not to deny the principles themselves. She believed the rights set down by Jefferson are essential to political freedom. She did not believe they are self-evident.
Second, the attempt to base political authority on self-evident truth is misguided, according to Arendt. The search for absolute standards of right led the revolutionaries to misconceive the principles of government on the model of the principles of mathematics, and to misconceive political laws on the model of mathematical laws.
The fallacy of this position was not only to equate this compelling evidence with right reason – the dictamen rationis or a veritable dictate of reason – but to believe that these mathematical ‘laws’ were of the same nature as the laws of a community, or that the former could somehow inspire the latter.Footnote 104
In her view, the “We hold” is an implicit concession by Jefferson that the principles of the Declaration did not have the same kind of validity as mathematical truths.
Jefferson must have been dimly aware of this, for otherwise he would not have indulged in the somewhat incongruous phrase, “We hold these truths to be self-evident”, but would have said: These truths are self-evident, namely, they possess a power to compel which is as irresistible as despotic power, they are not held by us but we are held by them; they stand in no need of agreement.Footnote 105
It is simply fallacious to think that political principles are essentially the same as mathematical principles, and that the laws of a community are essentially the same as the laws of mathematics.
Third, Arendt argued it is anti-political to base arguments on claims to self-evident truth, since what is self-evident is not subject to debate, and debate is essential to politics.
“All governments rest on opinion,” James Madison said, and not even the most autocratic ruler or tyrant could ever rise to power, let alone keep it, without the support of those who are like-minded. By the same token, every claim in the sphere of human affairs to an absolute truth, whose validity needs no support from the side of opinion, strikes at the very roots of all politics and all governments.Footnote 106
To claim that political principles are self-evidently true is to claim that they belong outside the political realm and are not open to debate.
The appeal to self-evident truths is ambiguous. It conflates two different kinds of discourse in a single sentence: a theoretical discourse that claims to be absolutely valid; and a practical discourse whose validity depends on consent. Arendt argued that this ambiguity results from a tension between the revolutionaries’ political theories and their practical understanding of politics. The legacy of political philosophy led them to assume authority had to be grounded on a knowledge of absolute and transcendent standards of right. But the experience of self-government showed that political authority ultimately rested on the opinions of citizens. Arendt saw this sentence not as a claim to absolute truth but as the affirmation of a basic consensus of the American people. The affirmation would mean that all Americans support these principles at this level of generality, but that when it comes to specifying what they mean there is room for dissent and reasoned debate.
“All Men are Created Equal”
The Declaration says that all men are by nature equal. The implication is that political inequality is unnatural. If humans are born equal, they become unequal through institutions that divide them into the rulers and the ruled.
Arendt stressed that this view differs from older concepts of political equality. For the classical Athenians, the value of equality under the law (isonomy) was not that it preserved the natural equality of men, but that it instituted a community of citizens in which men could meet as equals despite their natural inequality: “Isonomy guaranteed ἰσότης, equality, but not because all men were born or created equal, but, on the contrary, because men were by nature (φύσει) not equal, and needed an artificial institution, the polis, which by virtue of its νόμος [law] would make them equal.”Footnote 107 Equality for the Greeks was strictly political rather than natural, social, or moral: “Equality existed only in this specifically political realm, where men met one another as citizens and not as private persons.” So equality was essentially political – an artificial status rather than a natural condition: “The equality of the Greek polis, its isonomy, was an attribute of the polis and not of men, who received their equality by virtue of citizenship, not by virtue of birth.”Footnote 108
Arendt shared this view of political equality: “We are not born equal; we become equal as members of a group on the strength of our decision to guarantee ourselves mutually equal rights.”Footnote 109 In her view, the principle of equality is based not on the nature of man but on the nature of politics. Politics is not possible except among citizens who are equal by law. This equality is an essential condition of a free polity. We hold the principle of equality not because it expresses a self-evident truth about human beings, but because it makes possible political freedom.
That all men are created equal is not self-evident nor can it be proved. We hold this opinion because freedom is possible only among equals, and we believe that the joys and gratifications of free company are to be preferred to the doubtful pleasures of holding dominion … These are matters of opinion and not of truth – as Jefferson, much against his will, admitted. Their validity depends upon free agreement and consent; they are arrived at by discursive, representative thinking; and they are communicated by means of persuasion and dissuasion.Footnote 110
The validity of the principle of equality does not rest on self-evident truth but on the opinion that life in a free polity is better than life under any form of rule.
“Endowed by Their Creator with Certain Unalienable Rights”
The Declaration claims that all men by nature have rights. Arendt noted this claim implies a certain understanding of human nature. Rights are understood as properties that belong to the nature of each individual, just as natural substances have intrinsic and objective properties that exist in and of themselves. The idea is that positive laws can be based on natural laws, which can be derived from natural rights, which can be deduced from human nature.
The very language of the Declaration of Independence as well as of the Déclaration des Droits de l’Homme – “inalienable,” “given with birth,” “self-evident truths” – implies the belief in a kind of human “nature” … from which rights and laws could be deduced.Footnote 111
Rights in the Declaration are understood in terms of human nature, and are conceived as inherent properties of “Man” in the singular.
Arendt had several arguments against this concept of rights.
First, she was critical of claims about human nature. Not that she denied that humans share certain basic and universal traits, but she denied we can grasp what makes us human using concepts of nature or essence derived from nonhuman beings: “It is highly unlikely that we, who can know, determine, and define the natural essences of all things surrounding us, which we are not, should ever be able to do the same for ourselves … nothing entitles us to assume that man has a nature or essence in the same sense as other things.”Footnote 112 Arguments that base political rights on human nature tend to uncritically take for granted traditional concepts of essence. We cannot simply assume that concepts of essence proper to nonhuman beings can also be used to grasp what makes us human.
She also argued that attempts to derive human rights from human nature are ultimately arbitrary. In The Origins of Totalitarianism, she noted that “the many recent attempts to frame a new bill of human rights … have demonstrated that no one seems to be able to define with any assurance what these general human rights, as distinguished from the rights of citizens, really are.”Footnote 113 In her view, the specific rights of citizens can be derived from the nature of politics, but it seems impossible to derive any certain set of rights from the nature of Man in the singular.
Her third argument was based on her own experience as a stateless refugee. Traditional theories of human rights ascribe rights to “Man” in the singular. Individuals have rights, in this view, before or apart from any political community. But it was precisely when people were stripped of their citizenship and expelled from their political communities, she argued, that they were treated as if they had no rights at all.
If a human being loses his political status, he should, according to the implications of [the doctrine of] the inborn and inalienable rights of man, come under exactly the situation for which the declarations of such general rights provided. Actually the opposite is the case. It seems that a man who is nothing but a man has lost the very qualities which make it possible for other people to treat him as a fellow-man.Footnote 114
It was precisely those who mostly closely resembled the philosophical figure of Man in the singular, abstracted from any polity, who were treated as if they were not human. “The Rights of Man, supposedly inalienable, proved to be unenforceable – even in countries whose constitutions were based upon them – whenever people appeared who were no longer citizens of any sovereign state.”Footnote 115 Human rights were not recognized and respected in people who did not belong to polities that guaranteed such rights. The disaster suffered by stateless refugees was not that they lost specific rights, but that they lost their place in a community that could guarantee any rights at all.
Not the loss of specific rights, then, but the loss of a community willing and able to guarantee any rights whatsoever, has been the calamity which has befallen ever-increasing numbers of people. Man, it turns out, can lose all so-called rights of Man without losing his essential quality as man, his human dignity. Only the loss of a polity itself expels him from humanity.Footnote 116
The situation of the stateless could not be understood or even described in terms of traditional theories of human rights, according to Arendt. Since traditional theories conceived human rights as the property of each individual prior to any polity, they were unable to grasp the significance of the loss of a polity, and were unable to conceive of a right that would secure people against this loss – the right to belong to a community that can guarantee one’s rights are recognized and protected:
The right that corresponds to this loss and that was never even mentioned among the human rights cannot be expressed in the categories of the eighteenth century because they presume that rights springs immediately from the “nature” of man.Footnote 117
The experience of refugees suggests it is misleading to think of rights as essential traits of human nature, according to Arendt: “No matter how they have once been defined … the real situation of those whom the twentieth century has driven outside the pale of the law shows that these are rights of citizens.”Footnote 118 Rights actually exist only where they have been instituted, recognized, and guaranteed by a polity.
This concept of rights informed Arendt’s view of American history. The “original crime” of the founders was not just the legalization of slavery, she argued, but the exclusion of even free blacks and Indians from belonging to “the American people.” The consensus universalis articulated in the Constitution was that blacks and Indians were not part of “We the people” and could never become citizens of the United States. “Negroes and Indians … had never been included in the original consensus universalis of the American republic. There was nothing in the Constitution or in the intent of the framers that could be so construed as to include the slave people in the original compact.”Footnote 119 This denial of citizenship was effectively a denial of rights. “Negroes” and “Indians” were treated as if they had no rights precisely because they were not considered part of a national community willing to recognize them as citizens. This is explicit in Dred Scott v. Sandford. Chief Justice Roger Taney argued that “Persons of color” “are not included and were not intended to be included, under the word ‘citizens’ in the Constitution,” and that “they had no rights which the white man was bound to respect.”Footnote 120 America was founded on the principle that all men “are endowed by their Creator with certain unalienable rights,” and yet the founders treated noncitizens as if they had no rights whatsoever. The fight of Black and Native Americans for political and civil rights has been at the same time a fight to become full citizens of the United States and to be fully included in the “we” of “We the People.” This is why Arendt defined citizenship as “the right to have rights.”Footnote 121 The link between rights and citizenship is obscured by the notion that humans have rights simply by virtue of being human. Humans have no rights, for all practical purposes, except within communities willing to grant, recognize, and protect their rights.
Her arguments imply a threefold critique of the concept of rights implicit in the Declaration of Independence.
First, it is an error to try to think of rights starting from Man in the singular, or to try to derive rights from human nature. Rights belong to human beings in the plural. They are not essential properties of Man; they are the conditions of specific kinds of communities. They do not exist before or outside the communities that institute and recognize them. Arguments over rights should not focus on the question of human nature; they should focus on the question of how best to live together.
Second, political rights are derived from the nature of politics. Politics requires free assembly, free speech, the chance to have a voice in common deliberations. So among the essential conditions of a polity are the rights we call political: the right to assemble, the right to free speech, the right to vote. We should affirm these rights not because we believe they belong to the essence of Man, but because we believe that life in a polity is better than life under even the most enlightened ruler. Support for political rights ultimately rests on belief in the dignity of political life.
Last, the rights enumerated in the Declaration are not fundamental. More basic than the rights to life, liberty, and the pursuit of happiness is the right to belong to a community that will recognize and guarantee these rights, that is, the right to have rights at all: “We became aware of the existence of a right to have rights (and that means to live in a framework where one is judged by one’s actions and opinions) and a right to belong to some kind of organized community, only when millions of people emerged who had lost and could not regain these rights because of the new global political situation.”Footnote 122 The rights listed in the Declaration depend on this fundamental right to have rights, which was obscured by the assumption that rights are part of human nature, and which was revealed by the loss of all rights experienced by millions of stateless refugees including Arendt herself.Footnote 123 The right to have rights is at bottom the right to citizenship.
These thoughts guided Arendt’s interpretation of the three basic rights mentioned in the Declaration.
“Life, Liberty, and the Pursuit of Happiness”
There has been much debate over the source of these words. The historian Carl Becker thought that Jefferson got them from the political theory of John Locke: “the Declaration, in its form, in its phraseology, follows closely certain sentences in Locke’s second treatise on government.”Footnote 124 In the Second Treatise, Locke derived a list of basic rights from a theory about the origin of society. Man in the state of nature is a sovereign individual – “absolute lord of his own person and possessions … and subject to nobody” – and he has a natural right to his life, his liberty, and the fruits of his labor.Footnote 125 But since the enjoyment of these rights is not secure in a state of nature, man sacrifices his sovereign liberty and enters society: “he seeks out and is willing to join in society with others who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties, and estates.”Footnote 126 Governments exist to protect man’s natural rights to life, liberty, and property. Becker did not claim that Jefferson simply copied Locke’s treatise (Jefferson explicitly denied it), but he argued Locke’s theory was so commonplace in colonial America that Jefferson drew on it indirectly when he sought to put into words “the common sense of the subject.”Footnote 127
Garry Wills has argued – against Becker – that Jefferson was primarily indebted not to Locke but to the Scottish philosopher Francis Hutcheson, who derived the basic rights of man from a different theory of society. Man cannot live in isolation, in his view; in order to survive and prosper we need the division of labor and exchange of goods. So man in the state of nature is not a sovereign individual but a member of society, which exists so that men can live safely and freely pursue happiness. As social beings, all men therefore have a natural right to life, to liberty, and to the pursuit of happiness. Governments exist in order to protect these rights, and the end of government is the safety and happiness of society as a whole. People may rightly abolish any government that fails to achieve these ends. Hutcheson wrote:
But as the end of all civil power is … the safety and happiness of the whole body, any power not naturally conducive to this end is unjust; which the people … may justly abolish again when they find it necessary to their safety to do so.Footnote 128
Wills noted that the language of the Declaration is remarkably similar: “Whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” Wills did not claim Jefferson simply copied Hutcheson: “I do not argue for direct borrowing, since the Hutchesonian language was shared so widely by Scottish thinkers.” But he did claim the Declaration was written in the theoretical language of Hutcheson and other Scottish thinkers: “Jefferson drew his ideas and words from these men, who stood at a conscious and deliberate distance from Locke’s political principles.”Footnote 129
Despite their differences, both Locke and Hutcheson shared a few assumptions. Both assumed government is a means to an end. Both assumed the first end of government is the security and prosperity of human life. Both conceived of liberty negatively, as the absence of external constraint. Both assumed the ultimate end of government is the happiness of the individual citizen and of the people as a whole. And both assumed happiness lies outside politics, in the private sphere.
Arendt thought the experience of self-government gave the American colonists a deeper understanding of government and politics. In her view, the first colonists formed companies and “civil bodies politick” not for the sake of security but for the sake of action. Their initial goal was simply to cross the Atlantic and to settle in America. The experience of emigration and settlement showed that political bodies are not essentially means to an end; they are organizations that give people the power to act in concert, and this power structure precedes and makes possible concerted action towards any particular end. Political bodies of course use their power to achieve definite ends – not least of which is the security of life, liberty, and property – but what is essential to a political body is not any particular end but the concerted power-to-act that precedes both means and ends.
The experience of concerted action showed the colonists that by combining into “civil bodies politic” they could do together what none of them could do on their own. When they organized themselves into communities, they forfeited a degree of liberty and accepted certain constraints on their behavior; but at the same time they acquired a share of the community’s power-to-do, and as members of a community they were able to do what no one of them could have done in isolation. By constituting themselves as a body they increased their power-to-act, and by increasing their power-to-act they vastly expanded the space of possibilities open to them – the space of real freedom. The experience of action gave the colonists a practical understanding of freedom deeper than inherited concepts of liberty. Since the concerted power of the polity expanded the real freedom of its members, political freedom meant not just protection from the power of government but also a share in the power of government. To be free came to mean more than to have rights that guaranteed limited government and rule of law; such rights are the condition but not the content of political freedom. To be free meant to be able to participate in self-government.
So in the Declaration the word “liberty” has two senses.
On the one hand, in claiming a right to liberty, the revolutionaries sought to reclaim the traditional liberties of English subjects. They could not claim these liberties as Englishmen because they were renouncing their allegiance to England, and because America was increasingly multiethnic. Arendt argued that the claim that all men have a right to liberty effectively meant (in the words of an anonymous revolutionary), “‘Whether you be English, Irish, Germans, or Swedes, … you are entitled to all the liberties of Englishmen and the freedom of this constitution’.” Arendt commented:
What they were saying and proclaiming was in fact that those rights which up to now had been enjoyed only by Englishmen should be enjoyed in the future by all men – in other words, all men should live under constitutional, “limited” government.Footnote 130
These liberties were essentially negative – they guaranteed subjects freedom from lawless or unjustified compulsion. In this sense, the word “liberty” signifies the traditional concept of freedom as individual sovereignty and absence of constraint.
On the other hand, the word “liberty” also had a nontheoretical sense. The revolutionaries were fighting a king who had taken the power to tax from the colonists’ elected representatives, who had sought to limit town meetings, and who had finally dissolved the colonial assemblies. They were fighting not just for civil rights but for the right to govern themselves. The word “liberty” came to mean not just the right to limited and constitutional government, but also the right to self-government.
The men of the revolutions … could not possibly have had in mind merely those liberties which today we associate with constitutional government and which are properly called civil rights … All these liberties, to which we might add our own claims to be free from want and fear, are of course essentially negative; they are the results of liberation but they are by no means the actual content of freedom, which, as we shall see later, is participation in public affairs, or admission to the public realm.Footnote 131
If the revolutionaries had aimed only to recover their civil liberties, they could have kept a monarchical government and merely exchanged a bad ruler for a better one. The fact that they founded a republic shows that under the name of “liberty” they sought not simply civil liberties but political freedom in the original sense of the word.
The experience of political freedom was closely connected to what the revolutionaries called “public happiness.” This phrase also had at least two senses. Arendt argued that public happiness meant the well-being of a polity in which citizens are free to participate in public life:
This freedom they called … “public happiness”, and it consisted of the citizen’s right of access to the public realm, in his share in public power – to be “a participator in the government of affairs” in Jefferson’s telling phrase – as distinct from the generally recognized rights of subjects to be protected by the government in the pursuit of private happiness even against public power…Footnote 132
But she also suggested the phrase “public happiness” drew some of its sense from the Americans’ discovery that they actually enjoyed public life. “The Americans knew that public freedom consisted in having a share in public business, and that the activities connected with this business by no means constituted a burden but gave those who discharged them in public a feeling of happiness they could acquire nowhere else.”Footnote 133 In the experience of self-government, the colonists acquired a taste for what Arendt called “the wine of action,” “the charms of liberty,” and “the joys and gratifications of free company.”
This notion of public happiness contradicted a common assumption of traditional political theory. Since Aristotle, happiness had been understood as the end of government, and politics had been understood as a means to that end. Public life was supposed to be a burden, and happiness was supposed to lie in private life. Hence the corresponding notion that the political life is not an end in itself, and that a love of politics could only be explained in terms of a desire for power over others.
The “participators in the government of affairs” were not supposed to be happy but to labor under a burden, happiness was not located in the public realm which the eighteenth century identified with the realm of government, but government was understood as a means to promote the happiness of society, the “only legitimate object of good government”, so that any experience of happiness in the “participators” themselves could only be ascribed to an “inordinate passion for power”, and the wish for participation on the side of the governed could only be justified by the need to check and control these “unjustifiable” tendencies of human nature.Footnote 134
Arendt thought that the weight of this tradition kept the revolutionaries “from owning up to the rather obvious fact that they were enjoying what they were doing far beyond the call of duty.”Footnote 135 The revolutionaries tended to speak of political life in clichés that covered the truth of their experience. Jefferson was speaking in platitudes when claimed that his real happiness lay in his private life, “In the lap and love of my family, in the society of my neighbors and my books, in the wholesome occupations of my farms and my affairs.”Footnote 136
But she also thought there are moments of candor in the testimony of the revolutionaries when a different understanding of happiness surfaces. Near the end of his life, Jefferson indirectly confessed that his years as a revolutionary had been among the best and happiest in his life:
Jefferson’s true notion of happiness comes out very clearly (without any of the distortions through the traditional, conventional framework of concepts which, it turned out, was harder to break than the structure of the traditional form of government) when he lets himself go in a mood of playful and sovereign irony and concludes one of his letters to Adams as follows: “May we meet there again, in Congress, with our antient colleagues, and receive with them the seal of approbation ‘Well done, good and faithful servants.’” Here, behind the irony, we have the candid admission that life in Congress, the joys of discourse, of legislation, of transacting business, of persuading and being persuaded, were to Jefferson no less conclusively a foretaste of an eternal bliss to come than the delights of contemplation had been for medieval piety.Footnote 137
Adams also located the highest happiness in the life of action: “it is action, not rest, that constitutes our pleasure.”Footnote 138
The word “happiness” in revolutionary discourse had several senses. It meant private happiness – both the happiness of the individual in private life, and the general welfare of society as a whole. But it also meant public happiness – both the well-being of the polity as a whole, and the specific happiness of participating in public life. Much is at stake in the distinction between public and private happiness. If the goal of the revolution was private happiness, it could have ended with a constitutional monarchy devoted to protecting civil liberties and promoting social welfare. If the goal of the revolution was public happiness, it could only have ended with the foundation of a republic. “For the American Revolution, it was a question of whether the new government was to constitute a realm of its own for the ‘public happiness’ of its citizens, or whether it had been devised solely to serve and ensure their pursuit of private happiness more effectively than had the old regime.”Footnote 139
In the Declaration, Jefferson simply ignored these distinctions: “His famous ‘felicity of pen’ blurred the distinction between ‘private rights and public happiness’.”Footnote 140 The text does not specify what kind of happiness – public or private – all men have the right to pursue.
So “the pursuit of happiness” has at least two senses. It means the right to pursue personal fulfillment in private life without government interference, but it also means the right to the public happiness of political freedom.
The Declaration of Independence, though it blurs the distinction between private and public happiness, at least still intends us to hear the term “pursuit of happiness” in its twofold meaning: private welfare as well as the right to public happiness, the pursuit of well-being as well as being a “participator in public affairs”.Footnote 141
Both of these meanings were originally intended by Jefferson, according to Arendt, but shortly after the Revolution the latter sense of the phrase was almost forgotten. As the revolutionary spirit died out, Americans came to understand the pursuit of happiness primarily in the sense of private happiness:
For the emphasis shifted almost at once … from public freedom to civil liberty, or from a share in public affairs for the sake of public happiness to a guarantee that the pursuit of private happiness would be protected and furthered by public power. Jefferson’s new formula … was almost immediately deprived of its double sense and understood as the right of citizens to pursue their personal interests and thus to act according to the rules of private self-interest.Footnote 142
The original double meaning of Jefferson’s words was eclipsed, and this eclipse showed how quickly Americans forgot the spirit of the Revolution: “The rapidity with which the second meaning was forgotten and the term used and understood without its original qualifying adjective may well be the standard by which to measure … the oblivion of the spirit that had been manifest in the Revolution.”Footnote 143
But the deeper senses of the Declaration have not been wholly forgotten: “the revolutionary notions of public happiness and political freedom have never altogether vanished from the American scene.”Footnote 144 Most Americans retain the sense that the right to liberty guarantees something more than limited government alone, that freedom means not only the right to be left alone but also the right to participate in politics, and that the Declaration guarantees not just the right to pursue happiness in private life but also the right to enter public life and to work for the well-being of the republic.
“The Consent of the Governed”
Arendt also saw a gap between explicit theory and implicit insight in Jefferson’s claim that power is legitimate only when it has the consent of the governed.
The “consent of the governed” is an idea inherited from liberal political theory, which implies that government is based on a contract between a people and a sovereign ruler: the people pledge to obey the sovereign in exchange for his or her protection; and the sovereign pledges to protect the rights of the people in exchange for the right to rule. The contract is consensual. The sovereign has the right to govern only as long as he or she has the consent of the governed. The “consent of the governed” was part of a theory that conceived political power as power-over-others, and that conceived government as a vertical contract between ruler and subjects.
Arendt argued that Americans had learned to organize themselves through an essentially different kind of contract. The earliest colonists had constituted themselves as political bodies through horizontal contracts based on mutual promises among equals. Such constitutions generated political power – power that could be invested in elected leaders but that was essentially nonhierarchical (power-to-do rather than power-over-others). Such power derived its legitimacy not from the “consent of the governed” but from the support of the group for its constitution. The revolutionaries inherited this practical understanding of political power:
The men of the American Revolution understood … [that] power came into being when and where people would get together and bind themselves through promises, covenants, and mutual pledges; only such power, which rested on reciprocity and mutuality, was real power and legitimate, whereas the so-called power of kings or princes or aristocrats, because it did not spring from mutuality but, at best, rested only on consent, was spurious and usurped.Footnote 145
Arendt noted this practical understanding of power is implicit in the mutual pledge that closes the Declaration of Independence: “the colonists … knew of the enormous power potential that arises when men ‘mutually pledge to each other [their] lives, [their] Fortune and their sacred Honour.’”Footnote 146
There is a tension in the Declaration between two different notions of power and legitimacy: the traditional theory that political power is generated through a vertical contract between ruler and ruled, and that such power is legitimated by the consent of the governed; and the nontheoretical insight that political power can be generated through horizontal contracts among equals, and that such power is legitimate as long as that contract has the support of the group.
[The revolutionaries] argued in the same terms as their French or English colleagues, and even their disagreements were by and large still discussed within the framework of commonly shared references and concepts. Thus, Jefferson could speak of the “consent” by the people from which governments “derive their just powers” in the same Declaration which he closes on the principle of mutual pledges, and neither he nor anybody else became aware of the simple and elementary difference between “consent” and mutual promises, or between the two types of social-contract theory.Footnote 147
The nature of consent in a political community is essentially different from consent in a community divided into rulers and ruled. In the latter case, the governed consent to a constitution that gives the ruler the right to make decisions and to command their obedience; support of the constitution entails obedience to the will of the ruler.Footnote 148 Arendt noted that the revolutionaries still thought about power and legitimacy in terms of rulership – command and obedience – without seeing that these terms failed to grasp the nature of law in a republic: “The men of the eighteenth-century revolutions …, unhappily, still talked about obedience – obedience to laws instead of men; but what they actually meant was support of the [constitutional] laws to which the citizenry had given its consent.”Footnote 149 In the case of political communities, on the other hand, consent means support for a constitution that gives citizens an equal right to participate in the process of common deliberation and decisions; to consent to such a constitution implies an obligation to respect the laws produced through the political process. But this respect for the law in a polity of equals is something essentially different from the obedience to a ruler and consent to be ruled.
“An Absolute Tyranny over These States”
The revolutionaries accused the king of trying to establish an absolute tyranny. How did they understand tyranny? What did it mean to say the king was a tyrant?
In one sense, tyranny is lawless monarchy, and a tyrant is a ruler who uses public power for his own private ends. Arendt noted that this concept of tyranny goes back at least to Aristotle. “Since the end of antiquity, it had been common in political theory to distinguish between government according to law and tyranny, whereby tyranny was understood to be the form of government in which the ruler ruled out of his own will and in pursuit of his own interests, thus offending the private welfare and the lawful, civil rights of the governed.”Footnote 150 To accuse the king of tyranny in this sense was to accuse him of violating the rule of law and trampling the civil rights and civil liberties of his subjects for his own benefit. This accusation is certainly there in the Declaration.
But in its original senses, the word “tyrant” (τύραννος) had other connotations. A tyrant was simply a ruler who had not inherited power but come to power through his own efforts. The prime example of a tyrant in ancient Athens was Peisistratos, who ruled Athens for most of the period between 561 and 527 BC, and who was called a tyrant not because he used power for his own ends but because he had seized power by force. Peisistratos allowed the Council and the Assembly to continue to meet, but he retained for himself the ultimate power to decide and to act. So the word “tyrant” had the connotation of a ruler who gutted institutions of self-government and concentrated the power of government in his own hands.
After George III dissolved the colonial assemblies and took from the colonists the power to tax themselves, the revolutionaries saw his actions as an attempt to undermine self-government in the colonies and to seize power for himself. When they accused him of tyranny they accused him not merely of violating their civil liberties but also of depriving them of political freedom.
Tyranny, as the revolutionaries came to understand it, was a form of government in which the ruler, even though he ruled according to the laws of the realm, had monopolized for himself the right of action, banished the citizens from the public realm into the privacy of their households, and demanded of them that they mind their own, private business. Tyranny, in other words, deprived [citizens] of public happiness, though not necessarily of private well-being, while a republic granted to every citizen the right to become “a participator in the government of affairs”, the right to be seen in action. The word “republic”, to be sure, does not yet occur; it was only after the Revolution that all non-republican governments were felt to be despotisms.Footnote 151
The accusation of tyranny had two senses. In one sense, it accused the king of violating the principles of limited government and rule of law. If that was all there was to the accusation, the remedy for tyranny would not have been revolution but restoration, the replacement of a bad ruler with a better one. In another sense, it accused the king of trying to dissolve institutions of self-government and to monopolize power for himself. It was only in light of this latter sense that the revolutionaries came to think that monarchy as such was inherently tyrannical, and that the remedy for tyranny could only be the constitution of a republic.
“To Alter or to Abolish It, and to Institute New Government”
From the principles set down in the Declaration’s Bill of Rights, Jefferson deduced a right to revolution: “That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundations on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” Much could be said about this final principle. Let us focus on just a few key points.
The right to revolution is a principle of principles. It is a principle that describes the conditions under which a people may lay down new principles as the foundation of a new form of government. At the same time, it lays down the right to revolution as one of the founding principles of the new American government. The principle of revolution describes the act of foundation that the Declaration performs. And it performs the revolutionary act it describes. The principle of revolution is the self-reflexive moment in the Declaration – the moment it turns on itself and tries to account in theory for what it is doing in practice.
This self-reflexive moment generates a paradoxically self-grounding structure. The act of foundation was justified by the right to revolution; but the right to revolution was officially laid down by the act of foundation. The act of laying down the right to revolution as a principle of a new government could only be justified by the right to revolution itself. The revolutionaries justified the act of establishing new principles of government on the basis of the very principles they meant to establish. They had to posit – as a fundamental principle of government – the right of the people to posit fundamental principles of government.
This self-reflexive self-grounding structure can be read in two ways.
If we assume the principles of the Declaration are self-evidently true, then the right to revolution as a principle of American government rests on a natural right to revolution. This natural right to revolution would be the logical consequence of the more basic principles of the Declaration. It is only because all men are endowed with inalienable rights, and because governments are instituted to secure them, that people have the right to alter or abolish any form of government that becomes destructive of these ends. The act of positing the right to revolution as a principle of government would be justified by a natural right to revolution. Positive right would rest on natural right.
But if the principles of the Declaration are neither self-evident nor grounded in natural rights, as Arendt argued, this self-grounding structure appears viciously circular. The act of positing new principles of government would be justified only by the posited principles themselves. Positive right would appear to rest only on itself. The self-grounding structure of the Declaration would be a response to the vicious circle in which all radical beginnings are caught. Precisely because the revolutionaries sought to establish new principles of government, they could not justify their actions on the basis of established principles; they could only justify the institution of new principles of government on the basis of the very principles they instituted.
The appeal to self-evident truths is an attempt to escape from this vicious circle. In order for the revolutionaries to justify the act of revolution, they had to take for granted that they already possessed the rights they meant to claim. Hence the ambiguity of the Declaration’s language – the revolutionaries had to assume that a natural right to revolution already existed, and that the Declaration merely described (constatively) a right that in fact it (performatively) instituted as a new principle of government. This conflation of performative and constative language is essential to the act of laying foundations. Every attempt to establish new rights must claim merely to recognize as given the very rights it aims to establish.Footnote 152
It seems as though the act of laying down basic principles can only be legitimated on the basis of the principles thus laid down. The act of laying foundations would itself be groundless. In a sense this is true, but only to the extent that we understand “principles” as propositions. Arendt argued that the legitimacy of the Declaration derived from principles in a deeper sense of the word – not the theoretical propositions explicitly enumerated by Jefferson, but the practical principles that implicitly governed the act of declaring independence. These practical principles are legible in the text read not as a theoretical statement but as an act of revolution.
“Absolved from All Allegiance to the British Crown”
The act of laying down new principles of government, in the Declaration, was linked to the act of organizing the powers of government into new forms: “whenever any form of government becomes destructive of these ends, it is the right of the people to alter and abolish it, and to institute new government, laying its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” How was power understood in the Declaration? How was power to be organized in the new form of government? How did this new organization of power differ from that of the British monarchy?
The monarchy had the form of a “vertical” contract between ruler and ruled. Power was generated by mutual promises between the monarch and his or her subjects: the subjects swore to obey the monarch, and the monarch was bound in turn to protect the subjects’ rights and liberties. This vertical contract between ruler and ruled was sustained by oaths of allegiance. Each colonist in America had to be willing to swear an oath of allegiance to King George III. One such oath read:
I, _____________, do sincerely promise and swear that I will bear true allegiance to His Majesty King George the Third.–So help me God.Footnote 153
Another read:
I, _____________, do sincerely and faithfully promise and swear that I will with Heart & Hands, Life and Goods, maintain and defend His Majesty’s Government and the Laws and Constitution of the Province of North Carolina, against all persons whatsoever who shall attempt to alter, obstruct or prevent the due administration of the Laws & the Public Peace and Tranquillity of said Province. So help me God.Footnote 154
These oaths exemplified the kind of political contract described by Locke, which Arendt described as “an agreement in which an individual person resigns his power to some higher authority and consents to be ruled in exchange for a reasonable protection of his life and property.”Footnote 155 It was this kind of allegiance that the revolutionaries renounced when they declared that the people of the colonies were “absolved from all allegiance to the British Crown.”
The Declaration exemplified a different form of power. It ends with a pledge of mutual commitment among the revolutionaries and the people they represented: “And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.” This pledge was not a contract by which people gave up their power to a government in exchange for its protection; it was a contract by which the revolutionaries formed a new union of states, and generated their power to act in concert. The Declaration exemplified what Arendt called a “horizontal” contract among equals.
The mutual contract by which people bind themselves together in order to form a community is based on reciprocity and presupposes equality; its actual content is a promise, and its result is indeed a “society” or “cosociation” in the old Roman sense of societas, which means alliance. Such an alliance gathers together the isolated strength of the allied partners and binds them into a new power structure by virtue of “free and sincere promises.”Footnote 156
These two oaths – the vow of allegiance to King George III and the mutual pledge of support between the revolutionaries – imply two different ways of understanding power. The American understanding was not explicitly articulated in theoretical terms, but it is implicit in the text of the Declaration as an act of revolution. Arendt argued that the revolutionaries knew, not in theory but in light of practical experience, “the enormous power potential that arises when men ‘mutually pledge to each other [their] lives, [their] Fortunes and their sacred Honour’.”Footnote 157
“We Mutually Pledge to Each Other”
The questions remain: What gave the revolutionaries the political authority to declare independence? What was the ultimate ground of their political authority?
Like every revolutionary act, the Declaration was caught in a vicious circle: precisely because it laid down new principles of government, it could only legitimate itself on the basis of the principles it laid down. The only way out of this circle seemed to be an appeal to self-evident truths about absolute standards of right.
Arendt argued the appeal to self-evident truth was the solution to a false problem. In her view, it is an error to try to ground political authority on claims to absolute truth.
One is tempted to conclude that it was the authority which the act of foundation carried within itself, rather than the belief in an immortal Legislator, or the promises of reward and the threats of punishment in a “future state”, or even the doubtful self-evidence of the truths enumerated in the preamble to the Declaration of Independence, that assured stability for the new republic. This authority, to be sure, is entirely different from the absolute which the men of the revolutions so desperately sought to introduce as the source of validity for their laws and the fountain of legitimacy for the new government.Footnote 158
The authority of the Founders was not based on the theoretical principles laid out in the Declaration; it was ultimately based on the practical principles that inspired and governed the act of foundation itself. These practical principles are not listed in the Declaration’s Bill of Rights but are implicit at the end of the Declaration in the pledge of mutual support: “The principle out of which the republic was eventually founded was present enough in the ‘mutual pledge’ of life, fortune, and sacred honor.”Footnote 159 How did she understand these “practical” principles?
Arendt’s understanding of principle was linked to her concept of free action. Free action is groundless in the sense that it is not wholly determined by what preceded it; action is free insofar as it is not entirely governed by goals, motives, conditions, or force of circumstances. But action is not really free if it is completely groundless and arbitrary. Free action is grounded in the sense that it is inspired and guided by principles that govern how the action is performed and that set the standards by which action is evaluated. In this sense, honor was the principle of action in the aristocratic ethos of Homer, just as equality by law and public spirit were principles of action the democratic ethos of classical Athens. Practical principles in this sense, Arendt argued, are different from either motives or goals: “Principles do not operate from within the self as motives do … but inspire, as it were, from without; and they are much too general to prescribe particular goals, although every particular aim can be judged in the light of its principle once the act has been started.”Footnote 160 The principle of an action only becomes manifest in the performance of the action, and yet principles transcend any particular action: “In distinction from its goal, the principle of an action can be repeated time and again, it is inexhaustible, and in distinction from its motive, the validity of a principle is universal, it is not bound to any particular person or to any particular group.”Footnote 161 Principles can inspire and guide the concerted actions of groups made of individuals with very different motives and goals. The key point, for Arendt, is that principles confer a kind of authority on actions, insofar as principled action is bound to inspire the respect of those who share the same principles.
In her view, this notion of principle was essential to political authority in Rome. For the Romans, political authority was based on fidelity to the traditions that tied the Romans back to the founders. The greatness of the founders was manifest in the principles that inspired and governed the act of foundation, and these principles constituted the proper spirit of Roman politics. “The genius of Roman politics – not only according to Virgil but, generally, according to Roman self-interpretation – lay in the very principles which attend the legendary foundation of the city.”Footnote 162 The act of foundation set the basic principles of Roman politics; hence the acts of the founders became examples and precedents that were handed down by tradition. To follow tradition was to be faithful to the founding principles of the city and to the spirit of the founding fathers. Political authority in Rome was not based on claims to absolute truth; it was based on fidelity to the principles that inspired and governed the act of foundation.
Arendt noted that when the American revolutionaries turned to history for examples that could illuminate their situation, they primarily looked to Rome: “It was ultimately the great Roman model that asserted itself almost automatically and almost blindly in the minds of those who, in all deliberate consciousness, had turned to Roman history and Roman political institutions in order to prepare themselves for their own task.”Footnote 163 If in their theories the Americans remained uncritically indebted to Christian concepts of law, in their actions they deliberately followed the example of the Romans: “they thought of themselves as founders because they had consciously set out to imitate the Roman example and to emulate the Roman spirit.”Footnote 164
Arendt suggested that on a nontheoretical level the revolutionaries saw political authority in light of the colonial experience of founding new polities, and, like the Romans, they understood that the authority of America’s founding documents would not come from claims to self-evident truth or appeals to a divine lawmaker, but from the principles that inspired and guided the act of foundation itself.
The very fact that the men of the American Revolution thought of themselves as “founders” indicates the extent to which they must have known that it would be the act of foundation itself, rather than an Immortal Legislator or self-evident truth or any other transcendent, transmundane source, which eventually would become the fountain of authority in the new body politic. From this it follows that it is futile to search for an absolute in which all beginning is inevitably caught, because this “absolute” lies in the very act of beginning itself. In a way, this has always been known, though it was never fully articulated in conceptual thought…Footnote 165
The “absolute” that lies in the very act of beginning is the principle that inspires and governs the action.
There exists a solution for the perplexities of beginning which needs no absolute to break the vicious circle in which all first things seem to be caught. What saves the act of beginning from its own arbitrariness is that it 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. The absolute from which the beginning is to derive its own validity and which must save it, as it were, from its inherent arbitrariness is the principle which, together with it, makes its appearance in the world. The way the beginner starts whatever he intends to do lays down the law of action for those who have joined him in order to partake in the enterprise and to bring about its accomplishment. As such, the principle inspires the deeds that are to follow and remains apparent as long as the action lasts.Footnote 166
The deepest principles of the Declaration are not the theoretical propositions listed in the Bill of Rights but the practical principles that governed the act of foundation.
In early 1776 the Continental Congress did not have the authority to declare independence from Britain. The congressional delegates had specific instructions from the colonial assemblies to seek reconciliation with Britain rather than independence, and the colonial assemblies themselves derived their authority from the support of the people who had elected them. As Pauline Maier noted in American Scripture, the delegates knew that the people “were our power, & without them our declarations could not be carried into effect.”Footnote 167 The delegates who favored independence asked the colonial assemblies to call for town or county meetings to deliberate on the question of independence. The stakes of the debate were clear – a declaration of independence would be an act of treason. The punishment for treason under British law was loss of life and property. So the towns were being asked not only for a decision, but for a commitment of support. The Assembly of Massachusetts, for example, asked each town to debate this question: if the Continental Congress should pass a measure declaring the colonies independent of Britain, would the men of each town “solemnly engage with their Lives and Fortunes to Support the Congress in the Measure”?Footnote 168
Between April and July of 1776, more than ninety towns, counties, and colonial assemblies wrote “declarations” that renounced allegiance to Britain and promised to support the cause of independence. Many of the local or colonial declarations ended with pledges of mutual commitment. The New Hampshire assembly told its delegates in the Continental Congress “to join with the other Colonies in Declaring the thirteen United Colonies, a free & independent State,” and pledged to support that declaration “with our lives and fortunes.”Footnote 169
By June 28 every colony (except New York) had authorized its delegates to vote for independence. On July 1 the Continental Congress held a plenary session on a motion to declare independence. At first the representatives of only nine colonies supported the motion, but after two days of deliberation the delegates reached a consensus: twelve colonies voted in favor of independence and one abstained. On July 4 the Congress agreed on the final draft of a declaration of independence, and sometime afterwards they signed their names beneath its pledge of mutual support: “And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.”
Arendt argued the act of declaring independence was guided by the same principles that governed the town meetings and colonial assemblies – the practical principles of consent, equality, nonviolence, common deliberation, and mutual promises.
The American Revolution tells an unforgettable story and is apt to teach a unique lesson; for this revolution did not break out but was made by men in common deliberation and on the strength of mutual pledges. The principle which came to light during those fateful years when the foundations were laid – not by the strength of one architect but by the combined power of the many – was the interconnected principle of mutual promise and common deliberation; and the event itself decided indeed, as Hamilton had insisted, that men “are really capable … of establishing good government from reflection and choice,” that they are not “forever destined to depend for their political constitutions on accident and force.”Footnote 170
The greatness of the Declaration of Independence, in her view, lies in its achievement not as a work of theory but as an act of revolution – as an example, a precedent, an action that brought to light and made manifest the practical principles of American politics: “No doubt there is a grandeur in the Declaration of Independence, but it consists not in its philosophy and not even so much in its being ‘an argument in support of an action’ as in its being the perfect way for an action to appear in words.”Footnote 171 The authority of the Declaration does not rest primarily on the appeal to self-evident truths and to the laws of nature and of nature’s God; it rests on the practical principles that inspired and guided the act of declaring independence.
The Lost Heritage of the Revolution
What then was the heritage of the Revolutionaries? How has it been forgotten?
In her answer to these questions, Arendt focused on phrases used by the revolutionaries: “the spirit of the revolution,” “the revolutionary spirit,” “the spirit of 1776.” In her view, these words point to something essential to revolution – something no longer clearly understood.
Arendt thought “the spirit of 1776” was born of a new experience of politics. The crisis with Britain pushed the colonists to take action, and the demands of action forced them to participate in politics with unprecedented commitment and intensity. From 1765 to 1775 they learned to organize meetings, demonstrations, boycotts, civic associations, committees of correspondence, committees of public safety, militias, illegal assemblies, and finally Continental Congresses. Once support for the British authorities collapsed, the revolutionaries were forced to improvise institutions with which they could govern themselves. It was this experience of action – “the speech-making and decision-taking, the oratory and the business, the thinking and the persuading, and the actual doing” – that revealed to them their capacity for public freedom and self-government. The struggle for liberation led the revolutionaries to rediscover among themselves a way of being together in which they could decide what to do and how to live together through mutual persuasion and common deliberation.
People who have experienced the nonviolent revolutions since 1989 have a sense of this spirit. They saw how events unfolded: the deepening crises in public authority; the first protests; the unforeseen days when mass demonstrations took on a momentum of their own; the opening of the public realm; the emergence of popular movements crystallized around a demand for freedom; the suspension of business as usual; the sudden collapse of support for established regimes; and the peaceful and anarchic transitions to new forms of government. But they also saw how these events altered public life: how public events overshadowed private life; how people who were normally apolitical became engaged in politics; how the public realm was no longer ruled by fear; how those who moved to the center of the crisis in order to join with others and to act in concert found themselves bound by an impersonal solidarity; how revolutionary action was largely inspired by patriotism and love of freedom; how in order to succeed the revolutionaries had to act in a spirit of mutual commitment to one another and to the polity as a whole; and how revolutionary situations alter not just the atmosphere of public life, but also the very principles that inspire and guide political action.
The principles that inspired and guided the revolutionaries in 1776 had to be other than the principles that ruled private life: not self-interest but public spirit; not individual liberty but public freedom; not personal fulfillment but public happiness. Arendt suggested that it was these principles of action that the revolutionaries meant by “the spirit of 1776.”
If we leave aside personal motives and practical goals and identify this spirit with the principles which, on both sides of the Atlantic, originally inspired the men of the revolutions, we must admit that the tradition of the French revolution – and that is the only revolutionary tradition of any consequence – has not preserved them any better than the liberal, democratic and, in the main, outspokenly anti-revolutionary trends of modern political thought in America. We have mentioned these principles before and, following eighteenth-century political language, we have called them public freedom, public happiness, public spirit.Footnote 172
When the revolutionaries spoke of “the spirit of 1776” they were speaking obliquely of the principles that inspired and guided action in the revolutionary situation.
But this spirit weakened after the revolution, according to Arendt. In this respect the experience of the American revolutionaries was not unique. Modern history has been punctuated by the abrupt appearance and sudden loss of the spirit of revolution.
The history of revolutions – from the summer of 1776 in Philadelphia and the summer of 1789 in Paris to the autumn of 1956 in Budapest – which politically spells out the innermost story of the modern age, could be told in parable form as the tale of an age-old treasure which, under the most varied circumstances, appears abruptly, unexpectedly, and disappears again, under different mysterious conditions, as though it were a fata morgana. There exist, indeed, many good reasons to believe that the treasure was never a reality but a mirage, that we deal here not with anything substantial but with an apparition, and the best of these reasons is that the treasure has thus far remained nameless … And yet, if we turn our eyes to the beginnings of this era, and especially to the decades preceding it, we may discover to our surprise that the eighteenth century on both sides of the Atlantic possessed a name for this treasure, a name long since forgotten and lost – one is tempted to say – even before the treasure itself disappeared. The name in America was “public happiness,” which, with its overtones of “virtue” and “glory,” we understand hardly better than its French counterpart, “public freedom”…Footnote 173
The spirit of 1776 is part of the lost heritage of the Revolution. Why was it lost?
First, the revolutionaries failed to establish institutions where most citizens could engage in political action governed by the principles of consent, equality, nonviolence, common deliberation, and mutual promises. The revolutionary spirit was born when the crisis in public authority drew ordinary citizens into political action–into meetings, demonstrations, boycotts, civic associations, committees, assemblies, and conventions. These actions had to be governed by the principles of public spirit, public freedom, and public happiness. And yet when the revolution ended, the founding fathers failed to establish institutions where ordinary citizens could continue to participate meaningfully in public life. Since the founders were concerned with government at the state and federal level, they focused on questions of representation rather than local participation, and they founded a republic in which representatives engage in politics but where citizens have little access to the political realm:
The Revolution, while it had given freedom to the people, had failed to provide a space where this freedom could be exercised. Only the representatives of the people, not the people themselves, had an opportunity to engage in those activities of “expressing, discussing, and deciding” which in a positive sense are the activities of freedom.Footnote 174
The Constitution made citizens out of Americans without establishing local spaces where as citizens they could meet, deliberate, and act on matters of common concern – where they had to confront different points of view and were expected to submit their opinions to the test of free and open criticism, where they had to work through their differences through mutual persuasion, where they were expected to speak and act for the common good, where they could initiate and organize projects, and where they could decide what to do and how to live together.
Arendt in particular lamented the failure of the founding fathers to incorporate the town meetings into the state and federal constitutions. She agreed with Emerson that the townships were “the unit of the Republic” and the town meetings “the school of the people” in political matters.Footnote 175 In this respect the town meetings in America were similar to the 139 deme assemblies established by Cleisthenes in classical Athens: they opened a space where citizens could learn the ethos of democratic politics through the practice of local self-government. The experience of self-government on a local level taught them the realities of political life and instilled in them the practical principles of American politics. But the founders failed to incorporate town meetings into the structure of the republic.
The failure to incorporate the townships and the town-hall meetings, the original springs of all political activity in the country, amounted to a death sentence for them. Paradoxical as it may sound, it was in fact under the impact of the Revolution that the revolutionary spirit in America began to wither away, and it was the Constitution itself, this greatest achievement of the American people, which eventually cheated them of their proudest possession.Footnote 176
This failure contributed to the demise of the town meeting as an institution and to the loss of spaces where ordinary citizens could actively engage in politics.
In addition, the institutions the Founders did establish were bound to distort American views of politics. The poleis of classical Greece lacked two institutions that now tend to seem essential to political life: political representation and elections. Especially in classical Athens, decisions were made not by elected representatives but by the citizens themselves, not just in the citywide assembly but also in the 139 local deme or neighborhood assemblies. There were positions of authority in Athens, but citizens were chosen for those positions not by election but by lot. The Founders of the United States, perhaps by necessity, instituted a representative government in which leaders are chosen through elections, and these institutions have understandably skewed our view of politics, foregrounding the struggle among politicians for the power of elective office, and relegating to the background the actions of citizens deliberating over and working for the common good. Representative government altered but left intact the division of the polity into those who rule and those who are ruled. It made the rulers accountable to the ruled, but it did not establish political arenas where citizens could meet as equals and govern their own affairs. The government of the United States is not a democracy in the original sense of the word, Arendt thought, but has become an elected oligarchy.
That representative government has in fact become oligarchic government is true enough, though not in the classical sense of rule by the few in the interests of the few; what we today call democracy is a form of government where the few rule, at least supposedly, in the interest of the many. This government is democratic in that popular welfare and private happiness are its chief goals; but it can be called oligarchic in the sense that public happiness and public freedom have again become the privilege of the few.Footnote 177
The revolutionary spirit disappeared in part because the founders failed to found institutions where, in Jefferson’s words, ordinary citizens could become “participators in the government of affairs.”
But the heritage of the Revolution was lost for a second reason. Arendt argued that the revolutionaries failed to translate their nontheoretical understanding of politics into a set of concepts that could articulate the meaning of their experience and preserve it for future generations: “The American failure to remember can be traced back to this fateful failure of post-revolutionary thought. For if it is true that all thought begins with remembrance, it is also true that no remembrance remains secure unless it is condensed and distilled into a framework of conceptual notions within which it can further exercise itself.”Footnote 178
The loss, at any rate, perhaps inevitable in terms of political reality, was consummated by oblivion, by a failure of memory, which befell not only the heirs but, as it were, the actors, the witnesses, those who for a fleeting moment had held the treasure in the palms of their hands, in short, the living themselves. For remembrance, which is only one, though one of the most important, modes of thought, is helpless outside a pre-established framework of reference, and the human mind is only on the rarest occasions capable of retaining something which is altogether unconnected. Thus the first who failed to remember what the treasure was like were precisely those who had possessed it and had found it so strange that they did not even know how to name it … The tragedy began … when it turned out that there was no mind to inherit and to question, to think about and to remember. The point of the matter is that the “completion,” which indeed every enacted event must have in the minds of those who then are to tell the story and to convey its meaning, eluded them; and without this thinking completion after the act, without the articulation accomplished by remembrance, there simply was no story left that could be told.Footnote 179
The failure of post-revolutionary thought was not a failure to think about the revolution but a failure to refine the terms in which it was understood. It was not that the revolutionaries failed to understand the revolution but that they failed to work out concepts that could adequately grasp and make explicit the nontheoretical understanding they derived from their experiences. So the deepest insights of the revolutionaries were veiled beneath the false clarity of inherited concepts.
This failure of post-revolutionary thought led to a failure of memory –not a failure to record the facts of the revolution but a failure to grasp and preserve its meaning. The revolutionaries told the story of the Revolution, but they interpreted their story in terms of traditional concepts rather than rethinking traditional concepts in light of their experience. The failure was not that events were forgotten but that the meaning of the revolution was concealed beneath superficial interpretations. In Arendt’s view, this concealment still prevails. Today Americans proudly conserve the failures of post-revolutionary thought and memory.
These failures are evident today in the most common interpretations of the Revolution, according to Arendt. The Revolution is remembered as a triumph of classic liberalism – as a rebellion against a lawless and overreaching tyranny, and as the establishment of a limited government based on civil rights and the rule of law. It is remembered as the founding of a Christian nation – a nation whose laws are founded on the laws of nature and of nature’s God. And it is remembered as a pseudo-revolution – as a change of government that left existing social structures intact. Arendt thought these interpretations distort and conceal the meaning of events: the American Revolution was not just a fight for civil liberties, limited government, and rule of law; it was also a struggle for political freedom. It did not end with the birth of a Christian nation; it ended with the birth of a secular political realm. It was not a moment of social upheaval, but of political innovation. The Revolution was a moment in the modern age when the political clearly reappeared as a way of life and as a distinct sphere of human existence.
These failures are also evident in common readings of the Declaration of Independence. The Declaration is commonly understood in terms of the political theories from which the revolutionaries inherited their concepts, rather than in light of the actual practice of self-government. Readings of the Declaration have missed the tensions between explicit theory and implicit insight. They have failed to fully grasp the nontheoretical understanding of power and authority implicit in the text. And they have identified the principles of the Declaration with its theoretical propositions rather than the practical principles that actually governed the act of declaring independence.
This failure is also evident in our thoughtless use of traditional concepts. We will not fully understand the meaning of American history until we critically dismantle the inherited terms in which we think: action, power, authority, law, principle, contract, government, citizenship, rights, equality, opinion, judgment, persuasion, rhetoric, consent, dissent, and freedom. Above all, we have to rethink inherited concepts of the political.
