• Abstract and Figures
• Public Full-text

Cornell Journal of Law and Public Policy Volume 21 Article 4 Issue 1 Fall 2011 Lost Causes: Comment on Aziz Rana, the Two Faces of American Freedom Nancy L. Rosenblum Follow this and additional works at: http://scholarship.law.cornell.edu/cjlpp Part of the Law Commons Recommended Citation Rosenblum, Nancy L. (2011) "Lost Causes: Comment on Aziz Rana, the Two Faces of American Freedom," Cornell Journal of Law and Public Policy: Vol. 21: Iss. 1, Article 4. Available at: http://scholarship.law.cornell.edu/cjlpp/vol21/iss1/4 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Journal of Law and Public Policy by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. BOOK PANEL DISCUSSION: "THE TWO FACES OF AMERICAN FREEDOM," BY AZIZ RANA LOST CAUSES: COMMENT ON AZIZ RANA, THE TWO FACES OF AMERICAN FREEDOM Nancy L. Rosenblum* I. WHAT KIND OF WORK IS THIS? . 108 II. THE POLITICAL DYNAMIC OF DEMOCRATIC FREEDOM ..... 114 III. Two META-OBSERVATIONS: ETHICS AND HISTORY ........ 117 A few months after his defense of the dissertation that became the superb monograph Two Faces of American Freedom, Aziz Rana sent the members of his doctorate committee a CD. Here are a few of his selections: * Gallows Tree, sung by Odettal * The Night They Drove Old Dixie Down, sung by The Band 2 * I Ain't Got No Home in This World Anymore, sung by Woody Guthrie3 * Strange Fruit (about a hanging), sung by Billie Holiday4 * Folsom Prison Blues, sung by Johnny Cash5 The rest of the tracks are in this vein. They are all lugubrious. They are all written in a minor key; their harmonies layer tears on tears. They are not about unrequited love, either. They are the moans and laments of those ground down by turns in American history-slavery, lynching, civil war, the Great Depression, and homelessness. The historian Salo W. Baron used to speak of the "lachrymose theory of Jewish history."6 That description could probably apply to every people and nation, as long as their historians are not hagiographers. * Senator Joseph Clark Professor of Ethics in Politics and Government, Harvard University. 1 ODETTA, Gallows Tree, on AT THE GATE OF HORN (Rykodisc 1997). 2 THE BAND, The Night They Drove Old Dixie Down, on THE BAND (Capital Records 1969). 3 WOODY GUTHRIE, I Ain't Got No Home In This World Anymore, on DUST BowL BALLADS (RCA Victor 1940). 4 BILLIE HOLIDAY, Strange Fruit, on LADY SINGS THE BLUES (Commodore 1939). 5 JOHNNY CASH, Folsom Prison Blues, on WITH His HOT AND BLUE GUITAR (Sun Records 1955). 6 David Engel, On Studying Jewish History in Light of the Holocaust, Maurice R. and Corinne P. Greenberg Memorial Lecture, U.S. Holocaust Memorial Museum (Apr. 16, 2001) 107 108 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol. 21:107 Of course, it is wrong to think that aesthetic and intellectual sensibilities always match; individuals are not of one piece. This music cannot be a reflection of Rana's intellectual temper, since he also exhibits the hopefulness of a progressive democrat. He cannot really count as a lachrymose historian.7 He describes himself as an embedded social critic,8 and it takes more than an iota of optimism, after all, to think not only about how we got to be the way we are, but also to think about how we might be better, and to find resources in a damaged past- to find inspiration in lost causes. We find both faces of the author in The Two Faces of American Freedom. Rana is explicit about this duality; he will uncloak "both the tragedy and the hope embedded in social practices and political disagreements."9 In this comment I propose to do three things. First, I reflect on the kind of scholarly work this book is-its genre and signature contribution. Second, I raise a question about the author's implicit and, I argue, ambiguous theory of the political dynamic of progressive change. Finally, I conclude with two meta-observations about this challenging work. I. WHAT KIND OF WORK IS THIS? Two Faces of American Freedom is narrative history-a form once celebrated but more recently disparaged as "grand historical narrative." Rana calls his work a "large-scale act of historical reconstruction,"' 0 and it is just that. There always has been an important strain of American historical writing that is comprehensive in its narrative arc, such as that of Charles Beard."I Recently, we have seen a revival of grand narrative in American history-interestingly among legal scholars like Bruce Ack- erman.12 Legal academe has become a premier site of this renewed ambition.13 (transcript available at http://www.ushmm.org/research/center/publications/occasional/2003- 10/paper.pdf). 7 See Aziz RANA, THE Two FACES OF AMERICAN FREEDOM 4 (2010). 8 Id. at 17. 9 Id. at 7. 10 RANA, supra note 7, at 3. I See, e.g., CHARLES BEARD, HISTORY OF THE UNITED STATES (1921). 12 See BRUCE ACKERMAN, WE THE PEOPLE: FOUNDATIONS (1991); BRUCE ACKERMAN, WE THE PEOPLE: TRANSFORMATIONS (1998). 13 I speculate that synthetic narrative history is encouraged by three general turns in legal academe: (1) from constitutional doctrine to political context; (2) from rights to constitutional structures and the interaction of courts with other institutions; and (3) from the rise of compar- ative constitutionalism with its emphasis not just on comparative doctrine, but on institutions like executive power. We see this, for example, in Rana's reading of Dred Scott v. Sanford, 60 U.S. 393 (1857), or Congressional authority to designate which American territories were de- pendent colonies. See RANA, supra note 7, at 169, 171, 279, 300. 2011]1 LoST CAUSES 109 Grand narrative histories have several defining characteristics. One characteristic is the claim that there is a key to history, such as class conflict.' 4 For Rana, the key to American history is the enduring effect of the nation's political origin as a "settler empire."' 5 Rana argues that one should not see settler empire as a period of conquest and subordina- tion in the distant past, but rather as a basic governing framework for American life for over three centuries.' 6 The key dynamic is the way in which democratic self-rule emerged entwined with and constrained by imperial expansion and suppression of outsiders.17 It is characteristic of this type of history to turn the thematic key into a narrative with arc and drama, punctuated by critical moments. For Rana, as I read his work, these moments are: (1) populism at the margins of Jacksonian politics; (2) Radical Republicans at the time of the Civil War; (3) the last two decades of the nineteenth century and the People's Party; and (4) the early twentieth century when the United States asserted itself on the global stage and solidified a new imperial self-understand- ing. The disintegration of settlerism as a political and constitutional sys- tem and the eclipse of its elements of self-rule do not appear to have similarly critical moments. Instead, increased executive authority and power, which Rana sees as variations on royal imperial prerogative, mark the steady disintegration of settlerism.18 However, this disintegration dramatically culminates in the New Deal reorganization of government with what Rana depicts as near fatal consequences for self-rule-the cre- ation of an administrative state. 19 It is striking enough to merit comment that a theorist with progres- sive ambitions portrays the New Deal as a critical falling off from Amer- ican promise. In emphasizing expansive presidential power and administrative agencies, Rana is vulnerable to the charge that he has un- derestimated the forces of inclusion and equality that accompanied active government and expansive policy. For example, political scientists have studied key instances in which government agencies and programs have had the effect of creating politically inspired popular constituencies. 20 Among these constituencies are some of the most broad-based and active 14 See Dorothy Ross, Grand Narrative in American Historical Writing, 100 AM. HIsT. REv. 651 (1995). 15 See RANA, supra note 7, at 13. 16 See id. 17 See id. 18 See id. at 106-11. 19 See id. at 296-97. 20 See, e.g., ANDREA LOUISE CAMPBELL, How POLICIES MAKE CITIZENs: SENIOR POLIT- CAL ACTIVISM AND THE AMERICAN WELFARE STATE (2003); SuZANNE METTLER, SOLDIERS TO CITIZENS: THE G.I. BILL AND THE MAKING OF THE GREATEST GENERATION (2005); THEDA SKOCPOL, PROTECTING SOLDIERS AND MOTHERS: THE POLITICAL ORIGINS OF SOCIAL POLICY IN THE UNITED STATES (1992). 110 CORNELL JOURNAL OF LAW AND PUBLIC POLICY [Vol. 21:107 forces in democratic politics today-for example, Social Security and senior citizens. 21 Insofar as they organize in defense of universal bene- fits and services, their participatory efforts simply are not reducible to warrant special interest. Comprehensive narrative history is also marked by drama, with op- posing forces of good and evil. The drama takes a particular shape when, as here, the forces in conflict are presented as inextricably tied together. Thus, we learn that the unique American ideal of democratic freedom "entailed" imperial frameworks. 22 We learn that popular mobil- ization and direct control over political and economic decision-making "gained strength" from practices of subordination. 23 We learn that projects of territorial expansion and judgments about who counted as so- cial insiders "generated" accounts of liberty.24 As a result, unraveling the forces can be a monumental political task-not doomed to failure, but clearly requiring more than the victory of one side over the other.25 A second characteristic of grand narrative histories is that they are proudly oppositional.

Load more

  15

Copy Link