The Audacity of Hope: Thoughts on Reclaiming the American Dream

by Barack Obama

More than once in our history we’ve seen patriotism slide into jingoism, xenophobia, the stifling of dissent; we’ve seen faith calcify into self-righteousness, closed-mindedness, and cruelty toward others. Even the impulse toward charity can drift into a stifling paternalism, an unwillingness to acknowledge the ability of others to do for themselves.

Sometimes finding the right balance is relatively easy. We all agree, for instance, that society has a right to constrain individual freedom when it threatens to do harm to others. The First Amendment doesn’t give you the right to yell “fire” in a crowded theater; your right to practice your religion does not encompass human sacrifice.

While the evidence tells me that the death penalty does little to deter crime, I believe there are some crimes—mass murder, the rape and murder of a child—so heinous, so beyond the pale, that the community is justified in expressing the full measure of its outrage by meting out the ultimate punishment.

Instead of focusing on the serious disagreements around the table, I talked about the common value that I believed everyone shared, regardless of how each of us might feel about the death penalty: that is, the basic principle that no innocent person should end up on death row, and that no person guilty of a capital offense should go free.

They may not want government censorship, but they want those concerns recognized, their experiences validated.

At a time when average workers are experiencing little or no income growth, many of America’s CEOs have lost any sense of shame about grabbing whatever their pliant, handpicked corporate boards will allow.

Conservatives may be right when they argue that the government should not try to determine executive pay packages. But conservatives should at least be willing to speak out against unseemly behavior in corporate boardrooms with the same moral force, the same sense of outrage, that they direct against dirty rap lyrics.

Sometimes we need both cultural transformation and government action—a change in values and a change in policy—to promote the kind of society we want.

That is one of the things that makes me a Democrat, I suppose—this idea that our communal values, our sense of mutual responsibility and social solidarity, should express themselves not just in the church or the mosque or the synagogue; not just on the blocks where we live, in the places where we work, or within our own families; but also through our government.

I believe a stronger sense of empathy would tilt the balance of our current politics in favor of those people who are struggling in this society. After all, if they are like us, then their struggles are our own. If we fail to help, we diminish ourselves.

That’s what empathy does—it calls us all to task, the conservative and the liberal, the powerful and the powerless, the oppressed and the oppressor. We are all shaken out of our complacency. We are all forced beyond our limited vision. No one is exempt from the call to find common ground.

If we aren’t willing to pay a price for our values, if we aren’t willing to make some sacrifices in order to realize them, then we should ask ourselves whether we truly believe in them at all.

By these standards at least, it sometimes appears that Americans today value nothing so much as being rich, thin, young, famous, safe, and entertained. We say we value the legacy we leave the next generation and then saddle that generation with mountains of debt. We say we believe in equal opportunity but then stand idle while millions of American children languish in poverty. We insist that we value family, but then structure our economy and organize our lives so as to ensure that our families get less and less of our time.

Indeed, it was said that Senator Byrd’s passion for the Senate was exceeded only by the tenderness he felt toward his ailing wife of sixty-eight years (who has since passed away)—and perhaps by his reverence for the Constitution, a pocket-sized copy of which he carried with him wherever he went and often pulled out to wave in the midst of debate.

Listening to Senator Byrd speak, I felt with full force all the essential contradictions of me in this new place, with its marble busts, its arcane traditions, its memories and its ghosts. I pondered the fact that, according to his own autobiography, Senator Byrd had received his first taste of leadership in his early twenties, as a member of the Raleigh County Ku Klux Klan, an association that he had long disavowed, an error he attributed—no doubt correctly—to the time and place in which he’d been raised, but which continued to surface as an issue throughout his career.

I wondered if it should matter. Senator Byrd’s life—like most of ours—has been the struggle of warring impulses, a twining of darkness and light. And in that sense I realized that he really was a proper emblem for the Senate, whose rules and design reflect the grand compromise of America’s founding: the bargain between Northern states and Southern states, the Senate’s role as a guardian against the passions of the moment, a defender of minority rights and state sovereignty, but also a tool to protect the wealthy from the rabble, and assure slaveholders of noninterference with their peculiar institution.

For Senator Byrd was right: To understand what was happening in Washington in 2005, to understand my new job and to understand Senator Byrd, I needed to circle back to the start, to America’s earliest debates and founding documents, to trace how they had played out over time, and make judgments in light of subsequent history.

Some of this is by design, a result of the complex machinery of checks and balances.

The diffusion of power between the branches, as well as between federal and state governments, means that no law is ever final, no battle truly finished; there is always the opportunity to strengthen or weaken what appears to be done, to water down a regulation or block its implementation, to contract an agency’s power with a cut in its budget, or to seize control of an issue where a vacuum has been left.

For in the end laws are just words on a page—words that are sometimes malleable, opaque, as dependent on context and trust as they are in a story or poem or promise to someone, words whose meanings are subject to erosion, sometimes collapsing in the blink of an eye.

It was as if those in power had decided that habeas corpus and separation of powers were niceties that only got in the way, that they complicated what was obvious (the need to stop terrorists) or impeded what was right (the sanctity of life) and could therefore be disregarded, or at least bent to strong wills.

But throughout the Senate’s modern history, the filibuster has remained a preciously guarded prerogative, one of the distinguishing features, it is said—along with six-year terms and the allocation of two senators to each state, regardless of population—that separates the Senate from the House and serves as a firewall against the dangers of majority overreach.

With words, with rules, with procedures and precedents—with law—Southern senators had succeeded in perpetuating black subjugation in ways that mere violence never could. The filibuster hadn’t just stopped bills. For many blacks in the South, the filibuster had snuffed out hope.

To me, the threat to eliminate the filibuster on judicial nominations was just one more example of Republicans changing the rules in the middle of the game.

And yet I doubted that our use of the filibuster would dispel the image of Democrats always being on the defensive—a perception that we used the courts and lawyers and procedural tricks to avoid having to win over popular opinion.

Our system of self-governance is an intricate affair; it is through that system, and by respecting that system, that we give shape to our values and shared commitments.

The solution that the Founders arrived at, after contentious debate and multiple drafts, proved to be their novel contribution to the world.

The outlines of Madison’s constitutional architecture are so familiar that even schoolchildren can recite them: not only rule of law and representative government, not just a bill of rights, but also the separation of the national government into three coequal branches, a bicameral Congress, and a concept of federalism that preserved authority in state governments, all of it designed to diffuse power, check factions, balance interests, and prevent tyranny by either the few or the many.

But we are confident in the fundamental soundness of the Founders’ blueprints and the democratic house that resulted. Conservative or liberal, we are all constitutionalists.

Others, like Justice Breyer, don’t dispute that the original meaning of constitutional provisions matters. But they insist that sometimes the original understanding can take you only so far—that on the truly hard cases, the truly big arguments, we have to take context, history, and the practical outcomes of a decision into account. According to this view, the Founding Fathers and original ratifiers have told us how to think but are no longer around to tell us what to think. We are on our own, and have only our own reason and our judgment to rely on.

Ultimately, though, I have to side with Justice Breyer’s view of the Constitution—that it is not a static but rather a living document, and must be read in the context of an ever-changing world.

How could it be otherwise? The constitutional text provides us with the general principle that we aren’t subject to unreasonable searches by the government. It can’t tell us the Founders’ specific views on the reasonableness of an NSA computer data-mining operation. The constitutional text tells us that freedom of speech must be protected, but it doesn’t tell us what such freedom means in the context of the Internet.

The original understanding of the Fourteenth Amendment, for example, would certainly allow sex discrimination and might even allow racial segregation—an understanding of equality to which few of us would want to return.

Finally, anyone looking to resolve our modern constitutional dispute through strict construction has one more problem: The Founders and ratifiers themselves disagreed profoundly, vehemently, on the meaning of their masterpiece.

They argued about the meaning of such basic rights as freedom of speech and freedom of assembly, and on several occasions, when the fragile state seemed threatened, they were not averse to ignoring those rights altogether.

Given what we know of this scrum, with all its shifting alliances and occasionally underhanded tactics, it is unrealistic to believe that a judge, two hundred years later, can somehow discern the original intent of the Founders or ratifiers.

And yet, ultimately, such apostasy leaves me unsatisfied as well. Maybe I am too steeped in the myth of the founding to reject it entirely. Maybe like those who reject Darwin in favor of intelligent design, I prefer to assume that someone’s at the wheel. In the end, the question I keep asking myself is why, if the Constitution is only about power and not about principle, if all we are doing is just making it up as we go along, has our own republic not only survived but served as the rough model for so many of the successful societies on earth?

The answer I settle on—which is by no means original to me—requires a shift in metaphors, one that sees our democracy not as a house to be built, but as a conversation to be had.

What the framework of our Constitution can do is organize the way by which we argue about our future.

After all, if there was one impulse shared by all the Founders, it was a rejection of all forms of absolute authority, whether the king, the theocrat, the general, the oligarch, the dictator, the majority, or anyone else who claims to make choices for us.

It’s not just absolute power that the Founders sought to prevent. Implicit in its structure, in the very idea of ordered liberty, was a rejection of absolute truth, the infallibility of any idea or ideology or theology or “ism,” any tyrannical consistency that might lock future generations into a single, unalterable course, or drive both majorities and minorities into the cruelties of the Inquisition, the pogrom, the gulag, or the jihad.

The Founders may have trusted in God, but true to the Enlightenment spirit, they also trusted in the minds and senses that God had given them.

I confess that there is a fundamental humility to this reading of the Constitution and our democratic process. It seems to champion compromise, modesty, and muddling through; to justify logrolling, deal-making, self-interest, pork barrels, paralysis, and inefficiency—all the sausage-making that no one wants to see and that editorialists throughout our history have often labeled as corrupt.

It also offers us the possibility of a genuine marketplace of ideas, one in which the “jarring of parties” works on behalf of “deliberation and circumspection”; a marketplace in which, through debate and competition, we can expand our perspective, change our minds, and eventually arrive not merely at agreements but at sound and fair agreements.

Indeed, it is that process, according to Madison, that brought about the Constitution itself, through a convention in which “no man felt himself obliged to retain his opinions any longer than he was satisfied of their propriety and truth, and was open to the force of argument.”

But only once has the conversation broken down completely, and that was over the one subject the Founders refused to talk about.

The Constitution’s exquisite machinery would secure the rights of citizens, those deemed members of America’s political community. But it provided no protection to those outside the constitutional circle—the Native American whose treaties proved worthless before the court of the conqueror, or the black man Dred Scott, who would walk into the Supreme Court a free man and leave a slave.

How can I, an American with the blood of Africa coursing through my veins, choose sides in such a dispute? I can’t. I love America too much, am too invested in what this country has become, too committed to its institutions, its beauty, and even its ugliness, to focus entirely on the circumstances of its birth. But neither can I brush aside the magnitude of the injustice done, or erase the ghosts of generations past, or ignore the open wound, the aching spirit, that ails this country still.

Lincoln, and those buried at Gettysburg, remind us that we should pursue our own absolute truths only if we acknowledge that there may be a terrible price to pay.

He told me I would do well in the Senate but that I shouldn’t be in too much of a rush—so many senators today became fixated on the White House, not understanding that in the constitutional design it was the Senate that was supreme, the heart and soul of the Republic.