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Lawrence Lessig

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#OccupyWallSt v2: What Cross-Partisanship Must Mean

Posted: 10/07/11 01:38 PM ET

I'm a liberal. I believe in a woman's right to choose. I believe gays should be free to marry. I believe that society has an obligation to help the worst off. I believe public education should be free and fantastic. The government should not be allowed to spy on me, or my neighbors, whether they are citizens or not. Business should not be allowed to pollute the environment. Markets, I believe, when properly regulated, produce extraordinary innovation and spread wealth. I believe no one should be permitted to buy an election, human or not. I believe equality is a means to a better society. Regulation is necessary to keep the powerful true. And swift and efficient justice is necessary when the powerful are not true. I believe in the Great Society, even if we've not found it yet. I listen to NPR. I am a card carrying member of the ACLU.

But I also believe that the only way to fix this Republic is through cross-partisan reform. We must, I believe, find a way to work with people we don't agree with to make this Republic work again. People who think differently from how we do about a wide range of substantive policy questions -- from taxation to regulation to Internet policy to federalism.

Yet as I walked through the #OccupyWallSt protest Wednesday, and asked people about such cross-partisanship, I was not encouraged. There is an anger and frustration among those on the Left. They feel they've tried compromise before. It got us this. They're not interested in more of this. They want something different. They want change. The sort of change they can really believe in.

And I realized then just how hard it was going to be to get people to understand what cross-partisan must mean. It does not mean compromising on substantive issues. It does not mean finding the middle between Left and Right. It does not mean the incoherent "bipartisanship" that too often takes over DC -- giving us the wars in Iraq and Afghanistan, the war on drugs, and the sort of justice system that executes Troy Davis.

It means instead a constitutional cross-partisanship: The recognition that however much we disagree about substantive issues, we have to be able to agree about the system within which we work out those substantive disagreements. That however much we disagree as Democrats and Republicans, there has to be a foundation of agreement as citizens -- about at the very least the system within which disagreement gets resolved.

That system for us is a democracy. Or more precisely, a representative democracy, cabined by a constitution that both limits the power of government and checks the power of one branch against the others. It is the rules of the game. The terms upon which competition happens.

Sometimes those rules don't work. Or they don't work anymore. Sometimes they defeat the objectives of not just one side in a competition, but all sides. And when that happens, all sides need to stop the competition for a moment and fix the rules. All sides must cooperate to make competition between all sides work again.

This is the cross-partisanship that I mean.

The Republic that our framers gave us does not work anymore. It does not work for the Left. It does not work for the Right. Federalist 52 promised us a Congress "dependent upon the People alone." The last 15 years have produced a Congress dependent upon the Funders primarily. Members of Congress spend between 30% and 70% of their time raising money to get back to Congress or to get their party back in power. As they do this, they obviously -- obviously -- bend themselves and their policies in a way that makes it easier for them to raise money. And as they do that, they send a clear message to America. Like a father fingering his Blackberry rather than playing with his kids, Congress shows us that we don't matter. And like that kid, we get it. 75% of Americans believe "money buys results in Congress." Only 12% of Americans have confidence in what Congress does.

12%. We need to keep that number in context. There were more who believed in the British Crown at the time of the Revolution than who believe in this Congress today. This Republic is lost. And it is way past time for us to get it back.

But we won't get it back unless we find a way to work across the diversity that is America. Not to shove that diversity into a blender. But to find common ground about what's gone wrong, and to commit to a common path to fixing it. We, as Americans, may not have common goals. We do, however, have a common enemy.

That enemy is the corruption of Congress. The single fact that most all of us agree about is that our Congress is bought, and our politics, corrupted. Not the buying of quid pro quo bribery. Congress is not criminal. But you don't have to be a criminal to be corrupt. The corruption that is our Congress is in plain sight. It is legal, indeed, protected by the First Amendment. It is the bending and contorting to feed the fundraising frenzy that occupies the majority of the life of too many in Congress. And everyone -- from Bill O'Reilly to Jon Stewart (really, watch) -- should be able to agree that this corruption is at the root of the problems facing this Republic. And that until we remedy this corruption, this Republic will remain lost.

I was hopeful about #OccupyWallSt because it is the first mass movement that might accurately speak to this more fundamental corruption. For as I explained here before, the story of Wall Street is this story of government corrupted. Not just in the lead up to the collapse, but more brazenly and terrifyingly in the aftermath of that collapse -- when Wall Street effectively blackmailed both Republicans and Democrats to block any meaningful reform. #OccupyWallSt should be to call out this corruption, and unite a movement across the nation to demand that we change the system that permits this corruption. This is the root in Thoreau's "there are a thousand hacking at the branches of evil to one striking at the root." This movement could be that one.

If it were, then it would be a million times more important than what happened in Madison. There was no way to understand the protests in Madison except as Democrat against Republican, as Left versus Right. The same with the Tea Party which, try as its leaders might, is only ever understood in America as the Right against the Left.

But as Tea Party Patriots co-founder Mark Meckler told a packed and rapt audience at Harvard last month, we have to find a way to resist the business model that depends upon "making us hate each other." We must find a way to look beyond our differences, to bracket those differences, so we can fix the system within which those differences compete. We need a time out, to fix the rules so that politics is not just a game to feed the ratings of cable news and Comedy Central.

I agree with you, Mark Meckler, that there is a business model of hate. It is the business model of too many, and it is destroying this Republic. So let's put the fight over Medicare or Social Security aside for a moment, and find a way to fix this Republic. Not by criticizing those who dress differently (as is the Fox News meme of the day about these protesters), but by recognizing the passion of people who love this country every bit as much as you, and by working to unite us against our common enemy: The corruption that is this Congress.

 
 
 

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10:12 AM on 10/23/2011
I believe that we must take some responsibility for this problem but I propose a solution.

"It is possible that most of the problems that we have with our Government and the corporations we interact with today stem from the misunderstanding that not all data is the same! We the People need to understand that Our information is something We keep and let others look at. We need to control it not let others control it. We shouldn’t just give it away or let it out of our control. Ever! We need a different information management model for the future. This is a BIG change for the better. We know we need to get our privacy back and keep it and the first step needs to be to recognize that not all data is the same!"

Solution:
We need to amend the bill of rights to make our Personal Data our Personal Property.

Read more at http://personaldatacoalition.org
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JTyroler
Hoping Congress doesn't destroy the nation.
05:24 AM on 10/11/2011
It is difficult to even have 'cross-partisanship' discussions when many on the right seem willing to destroy the nation for political gain. We need politicians to realize that if things continue the way they are going, this nation will not survive. But, if that happens to be the short-term goal of the Republicans (to make Obama a 1-term president), there's not much change of things improving. The Republicans do not (at least at the present time) care what their constituents think (polls on taxing the rich, etc.) - they are stuck with dogmatic thinking and are more concerned about their short-term political gains and not the long-term needs of the nation.
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Marisa Stein
~I solemly swear that I am up to no good~
11:14 AM on 10/10/2011
it's called, what if you had a war and nobody came"...well it's the same as "what if you occupy wall street and no one cared"

no one cares and no one is out there protesting..well except for the homeless who are there for the free food and the paid protestors... you don't see anyone else because no one cares

occupy wall street has failed...more like an Epic fail if you ask me
08:38 PM on 10/09/2011
How about joining energies to get rid of the privately owned Federal Reserve. Once getting rid of the Banksters is accomplished everything else will sort itself out. Repeat after me.... End The Fed!
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flashfyre
Honore de Balzac
08:00 PM on 10/09/2011
Non-human political contributions should be outlawed, and an individual's annual dollar amount contributed to local, state, or federal politicians should be limited. Everything else would fix itself.
08:49 PM on 10/09/2011
I completely agree and I know many in the movement who would like to focus on that one thing. The more who join who focus on that issue, the more likely we can prevail.
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jsgaetano
Legum servi sumus ut liberi esse possimus
12:37 PM on 10/09/2011
Ok, so "bi-partisanship" is an epic failure... so they tried "post-partisanship"... and that's been another epic failure. Oh, let's keep giving conservatives chances to be sane- maybe we can try "cross-partisanship"! And after that, we can still try "non-partisanship", and "beyond-partisanship", and "past-partisanship", and "partisan-free-partisanship", and a whole bunch more words we have yet to think of!
11:50 AM on 10/09/2011
The protestors should be screaming for the tax code, which has been out of date for decades, to be updated by Congress. But sadly they won't because it is too much work on their part. The middle-class has been getting caught in the Alternate Minimum Tax net for years. Saying you will tax the millionaires sounds good on the campaign trail but it doesn't get to the root of the problem. Stop putting band-aids on the problem. I have been happy to hear from some of the protestors calling for those who caused this financial crisis to be held accountable. That includes the bank execs, Wall st. firm execs and yes those in Congress who have sat on and chaired those committee that enabled Wall St. to freely break the law.
01:07 AM on 10/09/2011
If the working class plays by the ruling classes rules, we lose. Lessig is certainly in the ruling classes camp since he talks so much about 'playing by the rules' and working through official institutions like congress. If we want equality and freedom, we have to take it for ourselves without appealing to politician. The best thing that this movement could lead to is massive wildcat strike actions and concerted non-voting in elections. This would tell the elites we mean business! Lets organize a national general strike!
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satanlite
Liberal blogger
12:32 AM on 10/09/2011
Compromise with Republicans in the equation means they will take advantage of you. You can not negotiate with Republicans in good faith. It's just not possible, and it's just that simple.
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DrJykell
Truth hunter
12:14 AM on 10/09/2011
The two party system is failing the American ppl---it's really moreof a distraction now more than anything--I know the argument for a third party is old and seemingly unattainable but if any part of society needed govt representation any more--it's the working class--who seem to have been forgotten--or ih as been made such a small part of the democratic party's platform--except during an election yr--that they've been squeezed morethan any other part of America----with the narrative given--we must compete in a globalized economy that includes many oppressive govts that America supports and has trade agreements with.. The working class needs representation on every issue---we need to be voting on every law being written by the private sector---and we need to begin writng some laws that protect working ppl...

Conservatives like to demonize govt(we the ppl) but doesn't ever mention the fact that it's been secretly captured by a banking industry that has never acknowledged anyone init's drive to increased profits and growth----making democracy and accountability an enemy in the land of the free which has brought Americans to their knees in the robbery of the century!
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StrawHat
Eat veggies, don't vote for them
12:05 AM on 10/09/2011
Corruption is the heart and soul of oligarchy.

Our democracy is supposed to be ONE person, ONE vote -- but obviously some votes are held to be worth more than others. ($$$$$$$$$$$$$)

We must SMASH the corruption of our democracy by the oligarchs. That much is PERFECTLY clear -- it has been clear to me since I witnessed a brazen, third-world oligarchy with my own eyes as a traveller at the age of twelve -- but the question that remains is: HOW?

How do maids and baristas and mechanics and printers and nurses and teachers and disabled retired people SMASH the oligarchy?

They have us outgunned at every turn with their billions. What do we have, but our blood, sweat, tears and outrage? We have our voices. We have our creativity. We have our righteousness.

But they buy and buy and buy, and we fall and fall and fall. Now what?
11:44 AM on 10/09/2011
Alas, this is the problem with representative democracy. The people vote for senators, but once the senators are in power, they are driven by $$$. Even before getting into power, they begin to side with those who fund their campaigns. Our system of government is flawed at the core.

We can't tax the rich because they have control of the government. Eventually, we are going to have to push for real change, and abolish our money driven government.
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Stokes
12:01 AM on 10/09/2011
The Wall Street moguls will have their reign for a time. They have satiated their greedy appetites far into the realm of human suffering. So, like the leaders of Naziism and Fascism, they too, will be
destroyed." (Inspired to write on March18, 1995 and posted in H-Po on July18,200­7) "
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Lane Campbell
Say what?
11:59 PM on 10/08/2011
Reading some of these posts, it sounds like Wall Street is everybody's chosen BoogeyMan. Too bad it's not true. Some politicians are fronted by right-wing pressure groups and industrial lobbies. Others by unions and so-called "greens". It's all about ideologies and agendas. Wall Street, in this game, is largely a spectator, trying to figure out how to make money no matter which way the pendulum swings.
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StrawHat
Eat veggies, don't vote for them
12:31 AM on 10/09/2011
It's a nice fantasy, but quite obviously not true.
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satanlite
Liberal blogger
12:33 AM on 10/09/2011
Nice try at false equivalency.
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IrishInsurgent
Marx / Fanon / Sartre / Robespierre / Che
10:37 PM on 10/08/2011
"But I also believe that the only way to fix this Republic is through cross-partisan reform."

Yeah because "Corporate Party A" and "Corporate Party B" have been so successful thus far. The only way to fix the US republic, in my humble view, is through the people not the worthless party structures.
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larrystalcup
11:43 PM on 10/08/2011
very true...it is the parties that are the problem....each party has become an entity into itself where the party is the main concern and power is the prize....what is good for the u.s. is secondary if that...as long as we have the same two party structure where ideology and power rules....nothing will change no matter what else is accomplished.....ls
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Almondo
Agnostic Realist Tradevknaught
10:29 PM on 10/08/2011
That bull is going to become a steer.