My paper aims to outline the concept of the pathic foundation (pathische Stiftung) of political institutions. I depart from the observation of a lack of clarity concerning the resources of institutional stability in the work of Chantal Moufe and the proponents of agonistic democracy. Drawing from the ideas of Claude Lefort and Carl von Clausewitz, I sketch the idea that the experience of confict itself generates the moral and epistemic groundings (pathic evidence) that legitimize and stabilize its institutional regulations. It is within the pathic experience of exhaustion in the face of the results of escalating confict that a common ground of legitimacy is reached. The bulk of my paper is dedicated to the phenomenological analysis of the foundational pathic experience, of the pathic disposition of political subjectivity resulting from it, and of its institutional manifestations.