I think he's onto something, but not -quite- there. This is both bigger and 
smaller than campaign finance reform. What, I'm not yet sure...



Lawrence Lessig: #OccupyWallSt, Then #OccupyKSt, Then #OccupyMainSt
http://www.huffingtonpost.com/lawrence-lessig/occupywallst-then-occupyk_b_995547.html

It is way too early, and perhaps even a bit crazy, to see an American Spring in 
the growing protests on Wall Street. Yet. But there is no doubt that if there 
is one place in America that these protests should begin, it is there, and it 
is now.

Writers by the dozen have lamented the influence that Wall Street exercised 
over Washington throughout the 1990s, leading up to the great collapse of 2008. 
A multi-billion dollar lobbying campaign, tied to hundreds of millions in 
campaign contributions, got Washington to erase its regulations and withdraw 
its regulators. One statistic summarizes it all: in 1980, close to 100 percent 
of the financial instruments traded in the market were subject to New Deal 
exchange-based regulations; by 2008, 90 percent were exempted from those 
regulations, effectively free of any regulatory oversight.

But there is nothing at all surprising in that story. The spirit of the times 
was deregulation. The ideology of Democrats and Republicans alike was 
regulatory retreat. No one should be surprised, however much we should lament, 
that politicians did what the zeitgeist said: go home — especially when they 
were given first class tickets for the ride.

What is surprising — indeed, terrifying, given what it says about this 
democracy — is what happened after the collapse. That even after the worst 
financial crises in 80 years, and even after the lions share of responsibility 
for that crisis had been linked to finance laissez faire, and even after the 
dean of finance laissez faire, the great Alan Greenspan, expressly confessed 
that it was wrong, and that he “made a mistake,” nothing changed. A president 
elected with the spirit of Louis Brandeis (“[We have to stop] Wall Street from 
taking enormous risks with ‘other people’s money’”), who promised to “take up 
that fight” “to change the way Washington works,” (“for far too long, through 
both Democratic and Republican administrations, Washington has allowed Wall 
Street to use lobbyists and campaign contributions to rig the system and get 
its way, no matter what it costs ordinary Americans”), and who was handed a 
crisis (read: opportunity) and a supermajority in Congress to make real change, 
did nothing about this root to our financial collapse. The “financial reform 
bill” is the reason the English language invented the scare quote: As every 
financial analyst not dependent upon the corruption that is Wall Street has 
screamed since the bill was passed, financial reform changed nothing. We are 
more at risk of a major financial collapse today than we were a decade ago. And 
the absolutely obscene bonuses of an industry that pays twice its pretax 
profits in salaries are even more secure today.

How could this possibly be? Never in the history of this nation have the agents 
of financial collapse so effectively avoided a regulatory response to that 
collapse. How is it that now they have not only avoided reform, but have 
effectively cemented their Ponzi scheme into the core of American law?

The protesters #occupy(ing)WallSt are looking for answers to that question. 
They should look no further than the dollar bills that they are taping to their 
mouths. The root to this pathology is not hard to see. The cure is not hard to 
imagine. The difficult task — and at times, it seems, impossibly difficult task 
— is to imagine how that cure might be brought about.

The arrest of hundreds of tired and unwashed kids, denied the freedom of a 
bullhorn, and the right to protest on public streets, may well be the first 
real green-shoots of this, the American spring. And if nurtured right, it could 
well begin real change.

In my book, Republic, Lost: How Money Corrupts Congress—and a Plan to Stop It— 
published today by Twelve, I spend hundreds of pages trying to make clear what 
should be obvious to every single protester shivering in a Wall Street doorway. 
But the whole point of the book could be captured in the single quote that I 
stole from Thoreau right at a start: “there are a thousand hacking at the 
branches of evil, to one who is striking at the root.”

These protesters should see that they are that one striking at the root. They 
should understand that our system has been corrupted by money — even if the 
Supreme Court refuses to call it “corruption,” and even if political scientists 
are unsure about whether their regressions can show it. And they should 
recognize that until this root is hacked, the weeds of this corruption will 
continue to destroy this democracy, and this nation.

Now conservatives are eager to insist that our framers didn’t give us a 
“democracy.” They gave us, they say, “a Republic.” And so they did. A Republic 
— by which the framers meant, as Federalist 10 makes clear, a “representative 
democracy.” By which the framers expected, as Federalist 52 makes clear, a 
Congress “dependent upon the People alone.”

But ours is not a Congress “dependent upon the People alone” — or even mainly. 
It has instead allowed a different dependency to grow within its midst: a 
dependency upon the Funders of its campaigns. And so great is that different 
and conflicting dependency that even the worst financial crisis in three 
generations can’t break their obsession with the fix. Neither party dares to 
cross Wall Street, since both parties know they could not win control of 
Congress or the White House without Wall Street’s money. So they feed the 
addiction, and ignore the real work that they should be doing.

#OccupyWallSt needs to teach America this lesson. It needs to speak to the wide 
range of citizens who believe it. You don’t have to be a Marxist to rally 
against the corruption that is our Congress. You don’t have to be Dr. Pangloss 
to believe that people who don’t share common ends might nonetheless have a 
common enemy.

This corruption is our common enemy. So let this protest first #OccupyWallSt, 
and then #OccupyKSt. And then let the anger and outrage that it has made clear 
lead many more Americans to #OccupyMainSt, and reclaim this republic.

For if done right, this movement just may have that potential. What the 
protesters are saying is true: Wall Street’s money has corrupted this 
democracy. What they are demanding is right: An end to that corruption. And as 
Flickr feeds and tweets awaken a slumbering giant, the People, the justice in 
this, yet another American revolution, could well become overwhelming, and 
finally have an effect.

Show us your photos, tell your story
If you’ve been to an Occupy Wall Street event anywhere in the country, we’d 
like to hear from you. Send OfftheBus your photos, links to videos or 
first-hand accounts of what you’ve seen for possible inclusion in The 
Huffington Posts’s coverage. If you aren’t currently a member of OfftheBus, 
sign up at offthebus.org.
 
Follow Lawrence Lessig on Twitter: www.twitter.com/lessig

(via Instapaper)



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