Aziz Rana, a Professor of Law at Boston College and author of 'The Two Faces of American Freedom', dives into the making of the American project. He discusses the intersection of American liberalism and empire, highlighting the impact of the Supreme Court and McCarthyism. Rana also critiques immigration policies that reflect ethno-nationalism and examines the complex history of the Communist Party USA. With key insights on FDR's transformative leadership, listeners gain a fresh understanding of the paradoxes in American constitutionalism.
The Spanish-American War marked America's transition to a global empire, masking imperialism with universal emancipatory claims.
Critics of the U.S. Constitution viewed it as preserving class hierarchies, leading to tensions about strategies for institutional reform within the left.
World War I fostered hyper-nationalism that repressed dissent, further entrenching the Constitution's view as synonymous with American values.
The New Deal era shifted the Supreme Court towards championing civil rights, embedding it within the narrative of American identity and social welfare.
The Cold War redefined civil rights achievements as necessary for national security, but risked sidelining radical elements within social movements.
Deep dives
The Impact of the Spanish-American War
The Spanish-American War marked a significant turning point for the U.S., as it transitioned from a settler colony into an aspiring global empire. This shift was marked by a claim to hegemony based on universal emancipatory principles that masked the realities of imperialism. The aftermath saw a rejection of radical critiques of America's constitutional order by conservatives, who adopted a nationalist rhetoric that emphasized a singular American identity. As a result, this entrenchment created a fragile consensus around U.S. exceptionalism that ignored the marginalized experiences of various communities.
Radical Critiques of the Constitution
Leading up to World War I, there were significant critiques of the U.S. Constitution from progressive and radical factions, including the Socialist Party and the Industrial Workers of the World (IWW). Critics viewed the Constitution not as a democratic framework but as a counter-revolutionary document that preserved existing class hierarchies and limited mass democracy. While progressives sought reforms within the system, socialists called for more extensive amendments and changes, advocating for structures that would better represent popular sovereignty. This divergence laid the foundation for ongoing tensions within the left regarding strategies for institutional change.
The Consequences of World War I on Constitutional Politics
World War I dramatically altered American politics, leading to a rise in hyper-nationalism and repression of dissent, especially against the organized left. The war environment favored a narrative that associated patriotism with defending the existing constitutional order against perceived threats from socialism and radicalism. This repressive atmosphere suppressed radical critiques, further entrenching a view of the Constitution as the embodiment of American values. Consequently, various leftist movements faced significant challenges in organizing and advocating for structural reforms in a climate of fear and repression.
The Intersection of Courts and Social Change
The New Deal era witnessed a gradual shift in the Supreme Court's role, transitioning from obstructionism to a facilitator of civil rights and liberties. This change was significantly influenced by the growing power of the presidency and the need for the court to adapt to popular demands for social welfare and equity. Key rulings, including those related to collective bargaining and civil rights, positioned the Supreme Court as a champion for marginalized groups, reinforcing the notion of constitutional supremacy as a safeguard against tyranny. This emerging perception not only transformed the legal landscape but also embedded the court within the broader narrative of American identity.
The Cold War's Impact on Civil Rights
The Cold War era reshaped the American political landscape, creating an environment where civil rights triumphs were framed as essential for national security and global image. Activists leveraged the language of America's constitutional commitments to challenge segregation and discrimination, gaining unprecedented visibility and support. Legislative achievements, such as the Civil Rights Act and the Voting Rights Act, were seen as victories not just for marginalized communities but also for the integrity of American principles on the world stage. However, this alignment with Cold War ideologies also risked subsuming radical elements within movements in favor of more moderate, reformist agendas.
Constitutional Veneration and Its Discontents
The Cold War's ideological battles led to heightened veneration of the Constitution, with the judicial system positioned as a bulwark against majoritarian tyranny. This veneration often masked ongoing social inequalities and the historical suppression of dissent from both the left and the right. The resulting legal culture treated constitutional interpretations as sacrosanct while sidelining voices advocating for radical structural change. Consequently, many activists found themselves navigating a landscape where constitutional adherence was celebrated, but the systemic injustices rooted in American history remained largely unaddressed.
The New Liberal Consensus
The rise of a liberal consensus in the post-war era redefined American identity, framing the nation as a progressive beacon of democracy and individual rights. This consensus positioned the judiciary as a guardian of liberal values, where even conservative appointees like Earl Warren emphasized civil rights and liberties. However, this narrative often ignored the complexities and contradictions of American historical developments and the violent repression of dissenting voices. The conflation of liberalism with the construction of American identity led to an erasure of radical politics, limiting the potential for transformative social change.
Legacies of the 1950s and 1960s
The achievements of the civil rights movement and the liberal judicial order significantly shaped the trajectory of American democracy, fostering a belief in constitutional protections as the foundation for social progress. However, this was accompanied by a troubling retreat from inclusive, radical politics, as organizations shunned leftist elements in favor of mainstream acceptance. The consolidation of a centrist identity limited the ability to address deeper structural inequalities, as policymakers increasingly viewed civil rights in isolation from economic and class issues. The resulting legal framework, while promoting certain freedoms, often reinforced existing power dynamics that left many marginalized voices unheard.
Challenges of Contemporary Politics
Today, the challenges faced by advocates for social justice reflect the ongoing tension between constitutional devotion and the realities of governance in an increasingly polarized environment. The legacy of the Cold War consensus has created a framework where reliance on the judiciary to address systemic issues is prevalent, yet deeply flawed. Activists must navigate a complex landscape marked by both historic triumphs and persistent inequalities that resist simple solutions. As contemporary movements seek to confront these enduring issues, the lessons of the past underscore the importance of engaging in a broader analysis of the structures that sustain systemic injustice.
Featuring Aziz Rana on the making of the American project and its legitimation through popular worship of the US Constitution. This episode, the second in a three-part series, takes the story from World War I’s hyper-nationalist, xenophobic First Red Scare, through the convulsions of the middle decades of the 20th century: the Communist Party USA, the New Deal, World War II, the civil rights movement, the Warren Court, and ultimately the Cold War, when American liberalism, anti-communism, and empire triumphed.
