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Republic, Lost_ How Money Corrupts Congress--And a Plan to Stop It - Lawrence Lessig [1]

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J. Safra Center for Ethics, and where I direct a five-year research project studying this “institutional corruption” generally. It has also pushed me to help forge a multipartisan political movement (described in the Appendix) to demonstrate the need, for the objectives of both the Right and the Left, for this fundamental reform.

Because such is the practice this reform will need: the willingness to move between the two very different worlds of the academic and the activist. I am not yet convinced that such a practice can work. I am certain it will evoke sharp criticism from the purists in each world. But if above that din, there are citizens who can glimpse a path to reform, that criticism is a small price to pay.

Introduction


There is a feeling today among too many Americans that we might not make it. Not that the end is near, or that doom is around the corner, but that a distinctly American feeling of inevitability, of greatness—culturally, economically, politically—is gone. That we have become Britain. Or Rome. Or Greece. A generation ago Ronald Reagan rallied the nation to deny a similar charge: Jimmy Carter’s worry that our nation had fallen into a state of “malaise.” I was one of those so rallied, and I still believe that Reagan was right. But the feeling I am talking about today is different: not that we, as a people, have lost anything of our potential, but that we, as a republic, have. That our capacity for governing—the product, in part, of a Constitution we have revered for more than two centuries—has come to an end. That the thing that we were once most proud of—this, our republic—is the one thing that we have all learned to ignore. Government is an embarrassment. It has lost the capacity to make the most essential decisions. And slowly it begins to dawn upon us: a ship that can’t be steered is a ship that will sink.

We didn’t always feel this way. There were times when we were genuinely proud—as a people, and as a republic—and when we proudly boasted to the world about the Framers’ (flawed but still) ingenious design. No doubt, we still speak of the founding with reverence. But we seem to miss that the mess that is our government today grew out of the genius that the Framers crafted two centuries ago. That, however much we condemn what government has become, we forget it is the heir to something we still believe divine. We inherited an extraordinary estate. On our watch, we have let it fall to ruin.

The clue that something is very wrong is the endless list of troubles that sit on our collective plate but that never get resolved: bloated and inefficient bureaucracies; an invisible climate policy; a tax code that would embarrass Dickens; health care policies that have little to do with health; regulations designed to protect inefficiency; environmental policies that exempt the producers of the greatest environmental harms; food that is too expensive (since protected); food that is unsafe (since unregulated); a financial system that has already caused great harm, has been left unreformed, and is primed and certain to cause great harm again.

The problems are many. Too many. Our eyes get fixed upon one among them, and our passions get devoted to fixing that one. In that focus, however, we fail to see the thread that ties them all together.

We are, to steal from Thoreau, the “thousand[s] hacking at the branches of evil,” with “[n]one striking at the root.”

This book names that root. It aims to inspire “rootstrikers.” The root—not the single cause of everything that ails us, not the one reform that would make democracy hum, but instead, the root, the thing that feeds the other ills, and the thing that we must kill first. The cure that would be generative—the single, if impossibly difficult, intervention that would give us the chance to repair the rest.

For we have no choice but to try to repair the rest. Republicans and Democrats alike insist we are on a collision course with history. Our government has made fiscal promises it cannot keep. Yet we ignore them. Our planet spins furiously to a radically

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