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Lawrence Lessig

Lawrence Lessig

Posted: November 11, 2010 12:07 PM

In Praise of Tea

What's Your Reaction:

Many of my friends have been puzzled that I have not been a strong critic of the Tea Party. Indeed, quite the opposite, I stand as a critical admirer. That means that while I don't share most of the substantive ends of many in that movement, and I strongly object to the extremism of some, I am a genuine admirer of the urge to reform that is at the heart of the grassroots part of this, perhaps the most important political movement in the current political context.

My admiration for this movement grew yesterday, as at least the Patriots flavor of the Tea Party movement announced its first fight with (at least some) Republicans. The Tea Party Patriots have called for a GOP moratorium on "earmarks." Key Republican Leaders (including Senator Jim DeMint and Congressman John Boehner) intend to introduce a resolution to support such a moratorium in their caucus. But many Republicans in both the House and Senate have opposed a moratorium. Earmarks, they insist, are only a small part of the federal budget. Abolishing them would be symbolic at best.

This disagreement has thus set up the first major fight of principle for the Tea Party. As leaders in the Tea Party Patriots described in an email to supporters,

For two years we have told the media and the rest of the country that we are nonpartisan and that we intend to hold all lawmakers to a higher standard.

This, they insist, is their first chance for that stand with the new Republican Congress. And the Tea Party Patriots have now mobilized their list to pressure Republicans to support this first and critical reform in the new Congress.

The Tea Party is right to push to abolish earmarks from Congress, and the defenders of the status quo are either deceivers, or just plain dumb. It is true that the total spending affected by earmarks is tiny. But by the same logic, one might as well observe that the bribes paid to Congressman Randy "Duke" Cunningham (Republican) and William J. Jefferson (Democrat) were tiny as well. Is that a reason not to prosecute those Members for taking them?

Earmarks are not bribes. But they are an essential element in the corruption that is Congress today. As Washington Post reporter Robert Kaiser describes in his fantastic book, So Damn Much Money, they have become the key to an incredible economy of influence that effectively enables lobbyists to auction too many policy decisions to the highest special interest bidder. That economy won't change simply by eliminating earmarks. But eliminating earmarks is an essential first step to starving this Republic-destroying beast.

A government in which access can be bought, and influence paid for is not the Republic our Framers intended. They wanted a Congress "dependent," as Federalist #52 puts it, "upon the People alone." But through both Democratic and Republican administrations, Congress has evolved to become "dependent" not upon "the People," but upon "the Funders." Earmarks are a critical element in that dependency. And if we're going to end government captured by an elite, we have to end that dependency.

This fight is just the first in a series that this more principled wing of the Tea Party movement can expect. For the truth is that not everyone on the Right shares their passion for ending the corruption that now rules Congress. During the rise of the GOP in the 1990s, some of the rights suggested that it was just "socialist" to question the power of the rich to buy influence over our government. The ideals of the free market, these GOP leaders insisted, should include a free market to buy government policy.

That idea is heresy to anyone standing in the tradition of Adam Smith, Friedrich von Hayek, Milton Friedman and Ronald Reagan. (Friedman, for example, insisted on a free market within the rules set by the government; he didn't believe in a free market for those rules.) Yet that idea governs too much of both the Republican and Democratic parties of the past 20 years. It is an important and valuable development for the Republic that a powerful and passionate political movement on the Right makes ending this free market in government influence a core plank in its platform.

But if the Tea Party is really to be "nonpartisan," then it needs to stop limiting itself to speaking to Republicans alone. Important Democrats share at least some of their reform ideals, including otherwise liberal Democrats, such as Congresswoman Jackie Spear (D-CA). The movement should rally Members from both the Right and the Left for any reform that is right (as in correct). The Tea Party Patriots' reform to abolish earmarks is plainly that.

Now, of course, I have no illusion that my admiration for the Tea Party can be returned. A movement against "elites" is not likely to listen to a Yale educated Harvard Professor. But if that movement is to be as central to the restoration of the American Republic as its most passionate supporters believe, then it needs to recognize that while we don't share common ends, we do face a common enemy. Special-interest-government is anathema to both the true Right and the limping Left. Progress would be to work together to end it.

 
 
 

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HUFFPOST SUPER USER
cigi
09:19 AM on 11/14/2010
I can't believe much in the movement or the intent of it when it is being primarily financed (Tea Party Express) by the richest billionaires in the US...the Koch Brothers. The legitimacy of it is tainted before it begins. Here in Texas, at the town hall meetings that I attended, 3/4s of the TB crowd were disgruntled, bigoted Republicans who lost to a man of color. They were all carrying anti-Obama signs and their rhetoric was anything but civil or intelligent. Democracy is messy and dissent is good, but the Bagger movement is not about that. It is purely a "sour grapes" by the tools of the Republican Party who are too ignorant to understand they are merely shields for Repubs who don't want to get out the same message, so they hide behind Baggers and let them take the ridicule for their efforts. It is a huge farce on both sides. When I see old, white men and women screaming at the Government, while waiting monthly for their Government checks, it makes me shake my head and lament that these folks are just poor, silly, SOBs and don't even know that the shrewd politicians for the most part, find them all laughable. When are the Repubs going to declare a day of recognition for the Baggers? Be careful what you wish for Repubs,you may have created a monster you will live to rue.
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HUFFPOST SUPER USER
Dana Walker
06:55 PM on 11/16/2010
The Tea Party is at least has more integrity than Goldman Sachs. While it was initiated and financed by the thieves, the individual Tea Partiers I have personally interacted with seemed honest if deluded. The difference between stupidity and ignorance is that ignorance can be cured. We have a golden opportunity in the next election. The Democrats have betrayed us and the Republicans are about to betray the Tea Party. There are now populist movements on both sides of the political divide. This might mean that in the next election we can possibly strike both parties simultaneously from both sides. The ‘spoiler effect’ will be largely cancelled out. We can spoil to our heart’s content. There are more people ready for this than any other time in recent history. A pox on both their houses.
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HUFFPOST SUPER USER
Notsosurearewe
Swish swish.
04:37 AM on 11/14/2010
Does this guy realize that the original folks were fighting AGAINST high taxes, especially on tea?
HUFFPOST SUPER USER
cigi
09:23 AM on 11/14/2010
Actually, they were protesting the Corporate Elites of their day, the East India Company, owned by the wealthy of England and the Crown. The EIC was inhibiting free trade between the Colonists and other foreign entities. Taxes were a part of the equation but it was not the biggest factor.
09:37 PM on 11/13/2010
IMHO, the Tea Party movement represents a sea change in American politics, closely intertwined with a big danger: It is a seismic shift that should have happened back in 2000 when the presidential election had about as much credibility as the one held this week in Myanmar, or perhaps when the war in Iraq commenced in 2003. These were events that demonstrated very clearly that the people running the country had no interest in the "will of the people".
I am encouraged at the emergence of the Tea Party simply because it demonstrates that average citizens are beginning to become aware that they have no representation, and that the system is stacked against them. The fact that they are gathering and organizing means that they are starting to look inwards, towards the grass roots for solutions to their problems, rather than to the thoroughly discredited and corrupted establishment.
However, I am also fearful, because this is a growing and powerful source of political energy that could easily be co-opted by some Rovian operative for the usual corrupt and evil purposes. On the other hand, someone with good intentions and political skills could drive it to become something that America desperately needs: A third party. Of course every possible step has been taken by the powers that be to prevent this, but the simple fact is that there are more of us than them in the end, if we simply choose to work together.
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Turtleposer
I have micro-bios in my tummy.
08:59 PM on 11/13/2010
I believe there are many Tea Partiers who truly are working for fiscal responsibility & I applaud that. However, if they want to appear non-partisan then they also need to reach out to Democrats and those independents who are not conservatives. For the most part, their criticism has been leveled against Democrats (not that they don't deserve it) rather than than Republicans. And of course, there are many people who are Tea Partiers simply because Obama won.

Common ground among Tea Partiers & Progressives would be to end both wars - that would be a huge fiscal savings. Ron Paul has been consistently in favor of that.

Every constituency should be listened to, not just the loudest.
Bernique
Solar is clean, cheap and plentiful
07:32 PM on 11/13/2010
Correction -- I meant "special interests" (the big-money interests that are buying our democracy).
Bernique
Solar is clean, cheap and plentiful
07:30 PM on 11/13/2010
If a nugget of a good idea can be found among the Tea Partiers, then yes, let's support them on that one nugget of a good idea, and abolishing "earmarks" is one such nugget, a foot in the door to shutting down noxious "social interests" that are poisoning our civic discourse, not to mention our elections, and our economy.
02:31 PM on 11/13/2010
TPs are using the "fiscal conservative" banner while they're busy getting their foot in the door because it's hard to find anyone that disagrees with it, left or right. But look out once they're in--it'll be back to the Michele Bachmann "there's lots of Carbon Dioxide so it must be good" crap. And the anti-gay, no abortion under any circumstances, every one but us is a socialist...

Oh, and they're really only fiscally conservative about the stuff they choose to be. Cutting the Department of Education is okay because they all homeschool or send their kids to Christian schools. They love to characterize "pork" as all bad, but how do you think many of our nation's hospitals get built, especially in rural areas? But what about the mother sow of them all--defense spending? That's completely off limits because it interferes with their uber patriotic persona.
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HUFFPOST SUPER USER
Dana Walker
09:28 PM on 11/13/2010
Everyone needs to keep in mind that rule number one for those in power is to keep the peons at each other's throats so they ignore their true enemy. Wall Street is our enemy. Wall Street is the Tea Partier's enemy. Let's keep our focus there.
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02:07 PM on 11/13/2010
Your article is music to my ears. Further to my delight is the clear sound of the rudiments of introspection being constructed among even the most insular of the progressive mindset.
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HUFFPOST SUPER USER
BlueBulletBill
Conservitarian
07:23 PM on 11/13/2010
Fanned and faved.
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Turtleposer
I have micro-bios in my tummy.
09:02 PM on 11/13/2010
Can you name three positive things about Progressives? Please be positive. No backhanded compliments.
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07:13 AM on 11/14/2010
Their intentions are good.

They believe in using science to form their realities.

They are fun to be with at social occasions.
01:18 PM on 11/13/2010
Local Tea party members all quoted the Heritage Foundation when I asked them anything about policies. Good luck on any of them being non-partisan, yet alone close to anything America needs... but if they do something good, I'll give them credit for it. Just not going to hold my breath and wait.
01:14 PM on 11/13/2010
Throughout the election campaign, I worried about the constant condemnation and denigration of the tea party movement by my Democratic party. Polls showed before the election, and confirmed after the election, that many supporters of the tea party movement voted for Democratic Congressional, Senatorial, Gubernatorial, etc., candidates. But, still the bashing goes on. Are there extremists in the tea party? Yes, there are. There are also extremists in the Democratic and Republican parties. But, if I understand it correctly, and I think I do, the main objectives of the tea party are to bring out-of-control spending under control and to reduce the deficits. Now, the tea party supporters want to end the earmark process. Like the author of this article, I find all three of those objectives to be things that every American could support. It is one thing to be critical of a particular candidate whose philosophy or statements are extreme and damaging. It is quite another to stereotype and pigeon-hole an entire movement because someone in our party tells you to. We Democrats should be hoping to reach out to the fiscally conservative/socially liberal voters among the tea party movement -- and I have met a number of people who fall into that category -- rather than alienating them, calling them names, and forcing them further into the waiting arms of the Republicans. The election is over. We need to start thinking more objectively in preparation for 2012.
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HUFFPOST SUPER USER
Dana Walker
09:32 PM on 11/13/2010
It is time to start tearing down the house. Everyone everywhere needs to start RIGHT NOW preparing challenges to the existing power structure for the 2012 election. We need third and fourth parties. We need to call and educate and advocate and go door to door and fulminate and wheedle and beg. We need to start building momentum now, for this is not an easy task. The next election is our best chance. The next election is almost certainly our only chance. As long as our government is for sale to the highest bidder we are never going to really fix anything else. They have simultaneously attacked us on so many fronts that we are scattered out in hundreds of battles, and the deck is stacked against us in every single one of them. Even when we win a token tactical victory here or there they begin undermining even that the next day. Do you want some social justice? Do you want to save the environment? Do you want to clean up Puget Sound? Do you want to stop GE salmon? Until we take our government back, you are SOL. Until we take our government back we are never going to truly fix anything else. The Banksters are consolidating and preparing for some kind of end-game. We need our country back. There are a lot of people who are ready for this. Find them. Educate them. Inspire them. Let’s do this.
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HUFFPOST SUPER USER
Dana Walker
09:35 PM on 11/13/2010
We now have a once-in-a-generation opportunity. The Democrats have betrayed us and the Republicans are about to betray the Tea Party. Everyone on both sides of the political spectrum are seriously pissed about the economy. However: The problem with challenging the Democrats from the left has always been that no one benefited from our doing this except the Republicans, who suck even more.

We have a golden opportunity in the next election. There are now populist movements on both sides of the political divide. The individual Tea Party people that I have personally interacted with seemed honest if deluded. The Republican Party is about to betray the Tea Party in a pretty major way. This might mean that in the next election we can possibly strike both parties simultaneously from both sides. The ‘spoiler effect’ will be largely cancelled out. We can spoil to our heart’s content. There are more people ready for this than any other time in recent history. The Tea Partiers would possibly even coordinate with us on this. If we can actually replace a lot of incumbents on both sides of the aisle I can’t help but think that this will send a useful message.
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HUFFPOST SUPER USER
thrashertm
11:38 AM on 11/13/2010
I voted Democrat in 2000 and 2004, but now support the Tea Party's Platform (free markets, limited government, fiscal responsibility) and more importantly - Ron Paul and his Campaign for Liberty. The Democrats and the GOP are both corporatist fronts. The Tea Party is part of the resistance.
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02:07 PM on 11/13/2010
Oh I love you.
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HUFFPOST SUPER USER
Dana Walker
09:43 PM on 11/13/2010
I voted for Ralph Nader in all three elections. The number one trick of authoritarians is to keep the peons at each other's throats so they will ignore their true enemy. Wall Street is my enemy. Wall Street is the Tea Party's enemy.

To those of you who think the Democrats are going to save us: About 85% of the Democratic Party works for the thieves. They are in on it.

To those of you who think the Republicans are going to save us: About 99.9% of the Republican Party work for the thieves. They are also in on it, only more so.

We need to attack both parties from both ends simultaneously so both sides can avoid the 'spoiler effect'. This is our time. There are massive populist movements on both sides. Let's do this.
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AnnfromCA
08:58 AM on 11/13/2010
I agree completely.  The issue is the corruption.  We simply see the massive influence of lobbying, the return payoffs in earmarks, the donations to campaigns, and the bill really goes to the taxpayer.
 
It simply must stop.
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HUFFPOST SUPER USER
Aarontastic
"Mr. Cain instead decided to try to provide her wi
12:39 AM on 11/13/2010
I don't know much about earmarks. I know enough to have the opinion that they ought to be banned; I believe as the author believes that while it accounts for an infinitesimal fraction of the budget, it unnecessarily invites corruption and graft into our system. So as far as that goes, I hope they succeed in getting rid of them.

The main thing that I wanted to comment on however, is the tea party. At first, like many liberals, I was simply amused at their antics and their choice of a name. As the movement grew more serious and demonstrated it's power on the political stage, I became more unnerved and objectionable toward the movement. And now, as I've learned more about them and placed them in the context of the times, I have become an admirer of them too. Well, maybe that's too strong a word...but the fact that they are at least partly a grassroots movement, and that they oppose republicans and democrats alike, piques my interest. This is the closest thing we've had to a third party revolution since maybe the Bull-moose Party in the 1910's. If the movement accomplishes nothing else, at least it may serve the purpose of inspiring 'regular' Americans to take a more active role in politics and perhaps spring more grassroot movements.
04:53 PM on 11/13/2010
Yes, there are earmarks that get publicity for being ridiculous money wasters, but there are many more that you don't read about that do much good for communities. Rural communities depend on "earmarks" to help build hospitals and clinics. Some earmarks go to help fund technical schools to aide people in getting jobs.
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HUFFPOST SUPER USER
Aarontastic
"Mr. Cain instead decided to try to provide her wi
12:48 AM on 11/16/2010
You make a good point. Maybe some sort of oversight committee and some new formal regulations over earmarks would be a better idea.
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HUFFPOST SUPER USER
Dana Walker
09:50 PM on 11/13/2010
In my personal interactions with the Tea Party I found them deluded but honest. True, the original movement was financed and promoted by the Wall Street thieves, but I think the Republicans have created a monster that is going to turn around and bite them on the butt. The Democrats have betrayed us. The Republicans are about to betray the Tea Party. A pox on all their houses. We can work out our differences with the Tea Party later. We need first to attack our common enemy. We need to attack from both sides simultaneously. This is our time. I am good at inspiring but lousy at organizing. I am hoping to inspire an organizer into organizing it, and I am hoping to inspire everyone else into helping them. While I am a lousy chief, I am a very good Indian. Call me.
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HUFFPOST SUPER USER
Aarontastic
"Mr. Cain instead decided to try to provide her wi
12:51 AM on 11/16/2010
If you are good at inspiring people, maybe you ought to run for office. Or maybe find a solid 3rd party movement to contribute to in some way, like the west virginia mountain party.
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HUFFPOST BLOGGER
R.W. Sanders
Numerous questions, too little expertise
12:27 AM on 11/13/2010
Ear marks are the way politicians transfer money from lobbyists into their own pockets. Most will raise a stink.
10:56 PM on 11/12/2010
I applaud you, Mr Lessig. It is easy to be swept up in the currents of partisan politics. I understand why many of those "elites" in our "ruling class" bash the Tea Party, or any other movement that stands for ending earmarks and other manifestations of overt governmental corruption - they have a selfish interest in maintaining the status quo.

What I find more difficult to understand is why many otherwise normal, otherwise reasonable Americans fall prey to the "team mentality" that pushes them to support Democrats or Republicans blindly, arguing that their team is always fair and just, while the opposing team is nothing more than racists, hate-mongers, socialists, or just plain stupid.

The truth is that there is a measure of goodness in both Republican and Democrat ideals, although many members of both parties have been corrupted by the current system. The Tea Party is the only reasonable choice I see to challenge the rampant government corruption desecrating the stability of our nation.

The recent election results were not, in fact, about unemployment. They were about dissatisfaction with the status quo. Many Americans actually took a moment to step across the aisle to embrace the fact that the only way we will rid our government of the corruption that plagues us is to support the only group that has a realistic chance of ending it, or at least stemming its tide.

I m an American and a Tea Party member.
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HUFFPOST SUPER USER
Dana Walker
10:16 AM on 11/13/2010
Our economy just collapsed because a bunch of sociopathic paper shufflers stole everything. They just looted the whole world and they are draining it dry. The ‘official’ story is that the Wall Street speculators ‘lost’ [i.e. stole] trillions of dollars of other people’s money. Their punishment was to be given hundreds of billions of tax dollars. The Federal Reserve just further punished them with another $600 billion that they created out of thin air. The victims of their crimes are paying for all of this.

To those of you who think the Democrats are going to save us: About 85% of the Democratic Party work for the thieves. They are in on it.

To those of you who think the Republicans are going to save us: About 99.9% of the Republican Party work for the thieves. They are also in on it, only more so.

In the next election we can possibly strike both parties simultaneously from both sides. The ‘spoiler effect’ will be largely cancelled out. We can spoil to our heart’s content. There are more people ready for this than any other time in recent history. It is time to tear down their house.
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HUFFPOST SUPER USER
thrashertm
11:41 AM on 11/13/2010
Completely agree. The only thing worse than the GOP is the Fed.