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Lawrence Lessig

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A Reply to the @EdgeofSports: Who Exactly Are the 99%?

Posted: 10/26/11 11:14 AM ET

Sometime-HuffPost blogger, and Nation contributor Dave Zirin has written a brilliant barn-raising response to my last HuffPost piece. Please read all of it, but here's the bit I want call out. Zirin states: "But by going to Occupy sites and arguing for a Tea Party alliance, Professor Lessig, to put it mildly, isn't helping."

Helping what, exactly, Dave?

Helping the Left rally the Left? Agreed. That isn't my aim. The #Occupy movements are doing that quite well on their own. As a Liberal, I celebrate that rally.

Helping the Left lead a movement for real reform? You tell me how your path does that better.

Here's the fact about America: It takes an insanely large majority to make any fundamental change. You want Citizens United reversed, it is going to take 75% of states to do it. You want public funding of public elections? It's going to take 67 Senators to get it. You want to end the corruption that makes it impossible to get any of the things liberals push? It's going to take a broad based movement that cuts across factions, whether right (as in correct) or Right (as in not Left).

So you tell me how calling people you disagree with "racists" (which you predicated of the Tea Party because of the behavior of some of its members, even though an ABC analysis has concluded that views on race "are not significant predictors of support for the Tea Party movement") is going to get us to 38 states? Or 67 Senators? Or 80% of the public's support, which any fundamental change is going to require? Explain how chest-thumping self-righteousness about how hateful "they" are "is helping" that?

Maybe you don't think such fundamental reform is needed, Dave. Maybe you think the political system is just fine. That the poor do perfectly well in a system where the rich fund political campaigns. That the middle class can hold its own in a world where corporations are free to spend endlessly to push the most ridiculous bullshit as "public" policy.

But if you think that, you're from Mars. I'm from Earth. And here on Earth, here in America, our political system is f*cked, and your self-righteous indignation "is not helping" us to get it fixed.

It's great to rally the 99%. It is a relief to have such a clear and powerful slogan. But explain this, because I'm a lawyer, and not so great with numbers: Gallup's latest poll finds 41% of Americans who call themselves "conservative." 36% call themselves "moderate." Liberals account for 21%. In a different poll, Gallup finds 30% of Americans who "support" the Tea Party.

So who exactly are we not allowed to work with, Dave? 30% of America? 41% of America? All but 21% of America? And when you exclude 30%, or 41%, or 79% of Americans, how exactly are you left with 99%?

Talk about wanting to have it "both ways"! How can you claim to speak for 99% but refuse to talk to 30%? (And just to be clear: the 30% of Americans who support the Tea Party are not the 1% "superrich." I checked. With a calculator.)

And finally as to one of the commentators on Dave's essay who finds me "poisonous," and said I said: "OWS needs to drop the 'We are the 99%' slogan because it might hurt the feelings of the rich." What I said was not that the movement should give up the slogan 99% because it offended. I said it should instead talk about the 99.95%. That's the percentage of Americans who did not max out in giving in the last Congressional election. That is the percentage that becomes invisible in the money-feeding-fest that is DC.

So if you really want to rally the 99%, you might begin by identifying those things that 99% might actually agree about. That the 30% of Americans who call themselves "supporters" of the Tea Party are racists is not a statement likely to garner the support of at least that 30%. (And again, as ABC found, it's not even true).

On the other hand, 99% of America should be perfectly willing to agree that a system in which the top 1% -- or better, .05% -- have more power to direct public policy than do the 99% or 99.95% is wrong. And must be changed. Before this nation can again call itself a democracy (for those on the Left) or a Republic (for those on the Right). This "Republic," by which the Framers meant a "representative democracy," by which they intended a body "dependent upon the People ALONE," is not.

That, too, must change. Meaning, in addition to all the things we Liberals want, we must change that as well. And my view is that if we changed that corruption first, we might actually find it a bit easier to get those other things too.

 
 
 

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marcdostl
Diogenesian & Classical Liberal
09:45 AM on 10/27/2011
It's elementary. YOu can't unite a crowd of protesters and agitators who stand for nothing but anarchy to the system. Unlike the Tea Party, they don't have fundamental beliefs or are bound to something like the US Constitution. The believe essentially in the vagaries of "unfairness" and propose only communistic or fascists style solutions...Hey maybe, they will be satisfied with the celebration of like minded individuals who believe sex, drugs, and bongo banging will free the world.
09:23 AM on 10/27/2011
GOOD MORNING!!! MY FELLOW HOMO SAPIENS WHICH MEANS THE SPECIES WHO IS WISE.
The AIPAC (American Political Action Committee) American puppet in the UN Security Council will be the only vote besides the Israelis that will vote against establishing a Palestinian State in the UN and the same votes were cast when the UN voted to drop the embargo on Cuba, in other words, the U.S. Government has become an arrogant, belligerent, stupid bully ignoring the wishes of all the nations on earth.
The U.S. Government has become so corrupt that it has allowed AIPAC during the last 40 years to dictate foreign policy and this policy has proven disastrous for the American people and the other peoples of the Mideast.
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Elijah A Alexander Jr
Elijah NatureBoy
09:21 AM on 10/27/2011
Lawrence,
I disagree it takes 75% of the states to reverse "Citizen's United". Faithful execution of the laws belongs to the president (Article 2, section 3), he has only to declare it unconstitutional and DEMAND the Supreme Court to revisit that decision.

By the reading of Amendment 12 Public Elections require a minimum of funding, taxes would be the means of notifying the citizens who the candidates are, the same would be implemented for congressman.

The movement to get government to listen to the people rather than lobbyists is Amendment 10, what OWS should be using. Those things the Constitution has already addressed.

However, Dave does comes on like he's sided with IF NOT the 1%.
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jeanrenoir
07:55 AM on 10/27/2011
Why in the world the 99% don't create a political movement that DEMANDS government financing of all political races in America is beyond me. It's so simple, so obvious. Why isn't getting Wall St. money OUT of our politics completely as non-negotiable as the Tea Party demands which not only struck, and strike, fear in the hearts of all Republican office seekers, but sent plenty of them packing in 2010? What's WRONG with the dumb 99% that they don't focus on ENDING corporate control of our politics once and for all? CUT THE GORDIAN KNOT! Quit bewailing corporate fascism. Just END IT!
09:55 AM on 10/27/2011
Divide and conquer, baby!

Just like the article says.
02:02 AM on 10/27/2011
The 99% are the ones who aren't laughing all the way to the Bank.
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01:25 AM on 10/27/2011
Nice thought Lawrence....never gonna happen. Each side is convinced of its superiority and of the evil intentions of the opposition. We couldn't be more divided. What each side want's simply can't be reconciled. Sometimes it's best to separate for the sake of the children.
07:19 AM on 10/27/2011
When you have a President who ran as a uniter and then starts a class war, of course your going to have a divided country.
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midwestgirl1960
09:18 AM on 10/27/2011
Mike the class warfare started the day Reagan got elected and he was a GE tool then, just like you are a 99% and tool for the capitalist ( people with money).

Did you not read the front page of this post

http://www.huffingtonpost.com/2011/10/26/income-inequality_n_1032632.html

So as you say it was not the day Obama got elected you have the wrong guy it was REAGAN and his voodoo economics that Bush senior had to eat his words of NO NEW TAXES.

Seeing that you are no doubt from Texas good hairs your man .
09:56 AM on 10/27/2011
He didn't start a class war.

Ronald Reagan started an all-out class war that has raged upon all of us ever since.
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Bishop999999999
01:13 AM on 10/27/2011
Outstanding article! Everyone, myself included, gets so wrapped up in self-righteousness that we forget what makes this country great. It's not the hard-working everyman or the brilliant industrialist, not the Left or the Right, that makes us successful. It's all of us, working together, arguing, disagreeing, but ultimately compromising for betterment of ourselves and the nation.

After all, is that not what makes the Constitution so magnificent? Not the powers it grants the Government, or the rights it guarantees to the People, but the compromise of both mighty and weak so that all might prosper. Compromise.
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SocratesSiddhartha
"Poverty is the worst form of violence." Gandhi
12:22 AM on 10/27/2011
So we should dance with the devil in the tri-corner hat?
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04:18 AM on 10/27/2011
Trust me, we don't want to dance with the hammer and sickle (☭) either.
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midwestgirl1960
09:20 AM on 10/27/2011
The reds have been gone since Reagan the great spender tore down that wall (NOT).
10:01 AM on 10/27/2011
Well, in a sense, yes.

As the article points out, the numbers needed in order to make the changes that have to be made require that enough people come to an agreement that it can happen.

That's the way a democracy has to work.

There is no particular reason why the OWS and the Tea Partiers could not agree on these changes, given that both are really angry about much the same thing, and both (I think) realize that these are serious problems that could be solved with collective action.

Will it happen? I doubt it, because the real power behind the Tea Party doesn't want it to happen. Maybe the rank and file TPers will figure that out, but I doubt it.

So, there you have it. We're probably out of luck and out of time. I hope not, but ...
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CollectiveNotIndividual
11:59 PM on 10/26/2011
The combined net worth of the bottom 70% of Americans is zero.

If you have no debt and just $10,000 in the bank your net worth is higher than the bottom 75% of Americans combined !!

My wife and I have incomes that put us in the bottom 50% of all income earners...but becuase we are frugal...never borrowed...and always saved.....at age 52 we have enough money that we could stop working if we wanted to. It appears that these protestors do not like my wife and I because we have no debt and we have saved each and every year for over 30 years now.
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SocratesSiddhartha
"Poverty is the worst form of violence." Gandhi
12:25 AM on 10/27/2011
If you'd like to martyr yourself, no one will stop you, but I can't think of anyone that would have a problem with you having saved some money.
markgoode
a voice from the center
01:29 AM on 10/27/2011
Mr. & Mrs. CNI must not have any kids.
09:50 AM on 10/27/2011
You mean they made an intelligent choice not to burden themselves with a whelp or two? Sounds like a good call, if true.
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rickroland
Two Parties, Same Crap
11:44 PM on 10/26/2011
Excellent article!
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10:55 PM on 10/26/2011
Great article.

You can't win support from those who have a different phylosophy but who actually agree on the key issues, namely End-the-Fed and Glass-Steagall to stop the bailouts once-n-for-all.

It's like Obi-Wan-Kinobi, in Star Wars told Annakin Skywalker before they were to about to fight Count Dokoo: "...this time we'll do it together".

To bring down the Federal Reserve and Wall Street with End-the-Fed/Glass-Steagall, requires that efforts of both Tea Party and OWS, because both movements have sincere fighters within them.
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Binea
Only a fool denies she is a fool, I am no fool
11:45 PM on 10/26/2011
Yeah but you have peoplelike Ed Schultz..whom I am listening to now..trying to focus all the anger on the Repubs in congress and to support Obama's "jobs" bill..how much more obvious can he get.
There are so many corrupt people in BOTH sides of congress..people who voted us into Iraq war,gave us nafta ( any of them left ? ) took our rights and put us in a dangerous position to be abused Legally by gov..taking habeaus corpus,allowing a president to asassinate American citizens..( people including children were brutallly tortured in Afghans detentoin centers WE sent them to)..the fed,credit Unions and Politicians working together to Screw over millions through Fanny and Freddy ( when you read what Ron Paul told them would happen,and that it was a scam..why didn't they listen ? could they have known he was right,but didn't care ? read and decide for yourself
in 2003 !!! he told them and tried to protect us Read about it here

http://www.lewrockwell.com/paul/paul128.html

also read what he said about Nafta..( A Few would get rich the rest be out of JOBS) ..
he protected us against "privatizing social security" even though he wanted to let those in their 20's "Opt out" and eventually end it
backIn 2004 the Bush Neocons wanted to end it too BUT Rip us off while AT IT....

http://www.lewrockwell.com/paul/paul215.html
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Binea
Only a fool denies she is a fool, I am no fool
11:49 PM on 10/26/2011
We've all heard proposals for “privatizing” the Social Security system. The best private solution, of course, is simply to allow the American people to keep more of their paychecks and invest for retirement as they see fit. But putting Social Security funds into government-approved investments could have dangerous consequences. Private companies would become a partner of sorts with the government. Individuals still would not truly own their invested Social Security funds. Payroll taxes likely would be raised to cover payments to current beneficiaries, as the President alluded to when warning us that fixing Social Security would be “costly.”

Furthermore, who would decide what stocks, bonds, mutual funds, or other investment vehicles deserve government approval? Which politicians would you trust to build an investment portfolio with billions of your Social Security dollars? The federal government has proven itself incapable of good money management, and permitting politicians and bureaucrats to make investment decisions would result in unscrupulous lobbying for venture capital. Large campaign contributors and private interests of every conceivable type would seek to have their favored investments approved by the government.
prt 2
10:48 AM on 10/27/2011
"... “privatizi­ng” the Social Security system. The best private solution, of course, is simply to allow the American people to keep more of their paychecks and invest for retirement as they see fit. "

Totally false!

How can anyone advocate this, given what happened in 2008?

There are two fundamental problems with privatizing retirement accounts:

1. Who takes care of those who mis-invested?

I've worked on our retirement investments for years, and I still don't have a good solution. I have a graduate degree in engineering. What about those even more ignorant? What will we have to do, when they bet on the wrong pony?

We'd have to support those who guessed wrong and bought General Motors or AT&T. Or would you rather tens of millions starve because they can't pick stocks or bonds?

2. Time horizon. This is the true killer. You can be an investment genius, but if you are unlucky and get caught in a big bust, there may not be sufficient time to recover in your lifetime. After 1929, the stock market didn't recover until 1954. What if you retired in 1930?

Modern times? Look at Japan. The Nikkei peaked at 38,915.87 in 1989. The ticker right now quotes 8926.54.

What will YOU do, if YOUR portfolio drops 77%, just when you need it? Now multiply that by millions of others like you.

Privatizing social security is about the dumbest idea I have heard in my lifetime.
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AmosKnows
Educating The American Idol Masses
10:54 PM on 10/26/2011
Dividing the middle and bottom has been a staple of passing the elitist agenda for years. Rush Limbaugh, Beck and Hanity are all the voice of division via brainwashing. Reagan convinced people that money trickles down, Clinton convinced people that "free trade" and NAFTA were good for Americans, Bush convinced people that tax cuts would result in Jobs, the list of lies goes on and on and the only thing people should focus on is the result. 10% owns 90% of the wealth and all the power and both political parties. That's the reality. Poll that.
09:42 PM on 10/26/2011
bravo! :)
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HerrMonk
Fighter, Trainer, Nat.Sec.Consultant, Libertine
08:26 PM on 10/26/2011
Nice post.

I agree. I'm tired of people pretending to speak for the silent majority at the expense of real coalition building.

The actual Tea Party movement (not the Koch Brothers straw-man the progressive media likes to beat up on) and the OWS movements have a lot in common. Certainly enough to build an anti-corporatist/anti-corporate welfare movement.
GHO
Sooner or later you run out of other peoples money
07:22 PM on 10/26/2011
Unfortunately, the hyper partisans on both sides of the aisle are running both parties right now, and I don't know how to make that change. Lest we also forget that, whether you are talking about HP, Daily Kos, Hannity or Limbaugh, there is a multi-billion $ industry out there that derives its profits from stoking the flames of left-right warfare.
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AmosKnows
Educating The American Idol Masses
10:55 PM on 10/26/2011
Divide and conquer - worked in the past and it works today.