A Bankruptcy Lawyer’s Blog

First Looks: Republic, Lost: How Money Corrupts Congress–and a Plan to Stop It

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In an era when special interests funnel huge amounts of money into our government-driven by shifts in campaign-finance rules and brought to new levels by the Supreme Court in Citizens United v. Federal Election Commission-trust in our government has reached an all-time low. More than ever before, Americans believe that money buys results in Congress, and that business interests wield control over our legislature.

With heartfelt urgency and a keen desire for righting wrongs, Harvard law professor Lawrence Lessig takes a clear-eyed look at how we arrived at this crisis: how fundamentally good people, with good intentions, have allowed our democracy to be co-opted by outside interests, and how this exploitation has become entrenched in the system. Rejecting simple labels and reductive logic-and instead using examples that resonate as powerfully on the Right as on the Left-Lessig seeks out the root causes of our situation. He plumbs the issues of campaign financing and corporate lobbying, revealing the human faces and follies that have allowed corruption to take such a foothold in our system. He puts the issues in terms that nonwonks can understand, using real-world analogies and real human stories. And ultimately he calls for widespread mobilization and a new Constitutional Convention, presenting achievable solutions for regaining control of our corrupted-but redeemable-representational system. In this way, Lessig plots a roadmap for returning our republic to its intended greatness.

While America may be divided, Lessig vividly champions the idea that we can succeed if we accept that corruption is our common enemy and that we must find a way to fight against it. In REPUBLIC, LOST, he not only makes this need palpable and clear-he gives us the practical and intellectual tools to do something about it.

Review:

Lessig explores the concept of a government responsible to the PEOPLE, as the Constitution calls for, and how the current system of campaign finance has warped it so much toward being a government responsible to the CONTRIBUTORS that even the Supreme Court used those words (in the infamous Citizens United corporation-as-a-person decision). The picture he draws of moneyed influence is truly appalling–all the more so as the influence is almost never overt bribery, but often just hints and signals (as in “if you aren’t able to vote for X, I’ll have to contribute $1,000,000 to your opponent”).

Can it be cured? Lessig offers several possible prescriptions, the most serious of which is calling for a Constitutional Convention, and at least while I’m reading the book, I can believe that maybe there’s some hope for our republic. There are many good ideas here, and the arguments are rich and comprehensive.

Read this book if you want to understand what’s really wrong with government, why nothing gets done, why the posturing and pandering grows and grows, and why life is getting steadily worse for the 99% of the population who aren’t rich. And–especially–read it if you want to know what you can do to make things better.