JACKIE MACIA—Professor Bernard Harcourt, a distinguished critical theorist, legal advocate, and professor at Columbia Law School, bridges the gap between abstract political theory and real-life experiences during a constitutional crisis. He frames the current political climate as an “apex” in a historical cycle of “counter-revolutionary movements.”
Professor Harcourt begins his lecture with a reflection of his own family history, explaining that his father was forced to leave France in 1940. Harcourt states that for many years in the United States, he lived with a sense of safety and “carefreeness,” believing that the period of political displacement was just a relic of his father’s past. However, in 2025, he states that he does not feel that same safety, and that “the shadow of his parents’ journey” has returned.
Diagnosing the Crisis
Harcourt argues that to analyze the state of American democracy, it must be through a “before and after” framework. The United States was considered a “full democracy” at the start of the twenty-first century, according to indexes such as the Economist Intelligence Unit. However, by 2016, the country was downgraded to a “flawed democracy.” Harcourt explains that a consolidated democracy is only possible when the democratic process is the “only game in town.” When political actors start seeking non-democratic means to resolve conflicts, the foundation of the state becomes vulnerable.
Harcourt positions the current crisis within a few academic frameworks. He discusses autocratic legalism, where leaders use legal mechanisms to subvert checks and balances; as well as competitive authoritarianism, where the appearance of elections is still present, but the playing field is tilted in favor of the incumbent. He also mentions patrimonialism and sultanism, terms used to describe a form of governance where the leader treats the state as a personal business or household by appointing loyalists or family members to positions of power.
The “Sinusoidal Pattern” of Counter-Revolution
Professor Harcourt’s main argument is based on his theory of the modern counter-revolution. He suggests that American history moves in a “sinusoidal pattern,” resembling wavelengths with peaks and troughs. Even though throughout history counter-revolutionary forces were present—for example, during the McCarthy era, the Nixon years, and the War on Terror—Professor Harcourt believes that we are currently at an “apex.” This peak is due to the massive advancements and transformations of artificial intelligence, global labor markets, and economic globalization.
Drawing on the counter-insurgency theory developed by David Galula, Harcourt argues that the current movement relies on a specific technique of power: relying on a favorable active minority to rally a neutral majority and neutralize a “hostile” minority. This then forms “internal enemies” who are targeted to consolidate control and justify the dissolution of the administrative state.
The Power of Individual Action
In response to this, Harcourt mentions historical examples of courage by ordinary citizens. He discusses the story of Sir Nicholas Winton, a British stockbroker who organized the Kindertransport to save hundreds of children from Nazi-occupied Prague. Harcourt also describes the movie A Bag of Marbles, which shows how “happenstances”—small acts by ordinary citizens—can save individuals from state violence. The most personal example provided in the lecture is that of Aristides de Sousa Mendes, a Portuguese consul in France. In 1940, the Portuguese government forbade him from issuing visas to refugees. However, after three days of seclusion, he chose to defy orders and sign approximately 30,000 visas. Harcourt reveals that his own father was one of those refugees. This act of industrial-scale courage is Harcourt’s proof that individual choices can change the course of history and preserve the values of a civilization, even when its institutions are failing.
Conclusion
In concluding the semester’s seminar, Harcourt encourages the audience to follow the twenty lessons discussed by Timothy Snyder in his book On Tyranny. Harcourt emphasizes the importance of “not obeying in advance,” stating that authoritarianism often gains momentum because individuals anticipate and facilitate the regime’s desires before they are even enforced. He also challenges people to take responsibility for “the face of the world” by refusing to normalize symbols of hate or exclusion.
Harcourt’s final message is to be courageous. He states that history shows that counter-revolutions rarely succeed when people refuse to abandon their core values. He leaves the audience with the message to be “as courageous as you can be” in resisting the growing constitutional crisis.
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