How to Get Our Democracy Back: If You Want Change, You Have to Change Congress
by Lawrence LessigEditors Note: This post is re-printed with permission from The Nation magazine, where it appears as the February 4, 2010 cover story. You can see a video interview with Professor Lessig about the piece here, or take action on issues raised in the piece by visiting FixCongressFirst.org.
We should remember what it felt like one year ago, as the ability to recall it emotionally will pass and it is an emotional memory as much as anything else. It was a moment rare in a democracy’s history. The feeling was palpable–to supporters and opponents alike–that something important had happened. America had elected, the young candidate promised, a transformational president. And wrapped in a campaign that had produced the biggest influx of new voters and small-dollar contributions in a generation, the claim seemed credible, almost intoxicating, and just in time.

Yet a year into the presidency of Barack Obama, it is already clear that this administration is an opportunity missed. Not because it is too conservative. Not because it is too liberal. But because it is too conventional. Obama has given up the rhetoric of his early campaign–a campaign that promised to “challenge the broken system in Washington” and to “fundamentally change the way Washington works.” Indeed, “fundamental change” is no longer even a hint.
Instead, we are now seeing the consequences of a decision made at the most vulnerable point of Obama’s campaign–just when it seemed that he might really have beaten the party’s presumed nominee. For at that moment, Obama handed the architecture of his new administration over to a team that thought what America needed most was another Bill Clinton. A team chosen by the brother of one of DC’s most powerful lobbyists, and a White House headed by the quintessential DC politician. A team that could envision nothing more than the ordinary politics of Washington–the kind of politics Obama had called “small.” A team whose imagination–politically–is tiny.
These tiny minds–brilliant though they may be in the conventional game of DC–have given up what distinguished Obama’s extraordinary campaign. Not the promise of healthcare reform or global warming legislation–Hillary Clinton had embraced both of those ideas, and every other substantive proposal that Obama advanced. Instead, the passion that Obama inspired grew from the recognition that something fundamental had gone wrong in the way our government functions, and his commitment to reform it.
For Obama once spoke for the anger that has now boiled over in even the blue state Massachusetts–that our government is corrupt; that fundamental change is needed. As he told us, both parties had allowed “lobbyists and campaign contributions to rig the system.” And “unless we’re willing to challenge [that] broken system…nothing else is going to change.” “The reason” Obama said he was “running for president [was] to challenge that system.” For “if we’re not willing to take up that fight, then real change–change that will make a lasting difference in the lives of ordinary Americans–will keep getting blocked by the defenders of the status quo.”
This administration has not “taken up that fight.” Instead, it has stepped down from the high ground the president occupied on January 20, 2009, and played a political game no different from the one George W. Bush played, or Bill Clinton before him. Obama has accepted the power of the “defenders of the status quo” and simply negotiated with them. “Audacity” fits nothing on the list of last year’s activity, save the suggestion that this is the administration the candidate had promised.
Maybe this was his plan all along. It was not what he said. And by ignoring what he promised, and by doing what he attacked (”too many times, after the election is over, and the confetti is swept away, all those promises fade from memory, and the lobbyists and the special interests move in”), Obama will leave the presidency, whether in 2013 or 2017, with Washington essentially intact and the movement he inspired betrayed.
That movement needs new leadership. On the right (the tea party) and the left (MoveOn and Bold Progressives), there is an unstoppable recognition that our government has failed. But both sides need to understand the source of its failure if either or, better, both together, are to respond.
At the center of our government lies a bankrupt institution: Congress. Not financially bankrupt, at least not yet, but politically bankrupt. Bush v. Gore notwithstanding, Americans’ faith in the Supreme Court remains extraordinarily high–76 percent have a fair or great deal of “trust and confidence” in the Court. Their faith in the presidency is also high–61 percent.
But consistently and increasingly over the past decade, faith in Congress has collapsed–slowly, and then all at once. Today it is at a record low. Just 45 percent of Americans have “trust and confidence” in Congress; just 25 percent approve of how Congress is handling its job. A higher percentage of Americans likely supported the British Crown at the time of the Revolution than support our Congress today.
The source of America’s cynicism is not hard to find. Americans despise the inauthentic. Gregory House, of the eponymous TV medical drama, is a hero not because he is nice (he isn’t) but because he is true. Tiger Woods is a disappointment not because he is evil (he isn’t) but because he proved false. We may want peace and prosperity, but most would settle for simple integrity. Yet the single attribute least attributed to Congress, at least in the minds of the vast majority of Americans, is just that: integrity. And this is because most believe our Congress is a simple pretense. That rather than being, as our framers promised, an institution “dependent on the People,” the institution has developed a pathological dependence on campaign cash. The US Congress has become the Fundraising Congress. And it answers–as Republican and Democratic presidents alike have discovered–not to the People, and not even to the president, but increasingly to the relatively small mix of interests that fund the key races that determine which party will be in power.
This is corruption. Not the corruption of bribes, or of any other crime known to Title 18 of the US Code. Instead, it is a corruption of the faith Americans have in this core institution of our democracy. The vast majority of Americans believe money buys results in Congress (88 percent in a recent California poll). And whether that belief is true or not, the damage is the same. The democracy is feigned. A feigned democracy breeds cynicism. Cynicism leads to disengagement. Disengagement leaves the fox guarding the henhouse.
This corruption is not hidden. On the contrary, it is in plain sight, with its practices simply more and more brazen. Consider, for example, the story Robert Kaiser tells in his fantastic book So Damn Much Money, about Senator John Stennis, who served for forty-one years until his retirement in 1989. Stennis, no choirboy himself, was asked by a colleague to host a fundraiser for military contractors while he was chair of the Armed Services Committee. “Would that be proper?” Stennis asked. “I hold life and death over those companies. I don’t think it would be proper for me to take money from them.”
Is such a norm even imaginable in DC today? Compare Stennis with Max Baucus, who has gladly opened his campaign chest to $3.3 million in contributions from the healthcare and insurance industries since 2005, a time when he has controlled healthcare in the Senate. Or Senators Lieberman, Bayh and Nelson, who took millions from insurance and healthcare interests and then opposed the (in their states) popular public option for healthcare. Or any number of Blue Dog Democrats in the House who did the same, including, most prominently, Alabama’s Mike Ross. Or Republican John Campbell, a California landlord who in 2008 received (as ethics reports indicate) between $600,000 and $6 million in rent from used car dealers, who successfully inserted an amendment into the Consumer Financial Protection Agency Act to exempt car dealers from financing rules to protect consumers. Or Democrats Melissa Bean and Walter Minnick, who took top-dollar contributions from the financial services sector and then opposed stronger oversight of financial regulations.
The list is endless; the practice open and notorious. Since the time of Rome, historians have taught that while corruption is a part of every society, the only truly dangerous corruption comes when the society has lost any sense of shame. Washington has lost its sense of shame.
As fundraising becomes the focus of Congress–as the parties force members to raise money for other members, as they reward the best fundraisers with lucrative committee assignments and leadership positions–the focus of Congressional “work” shifts. Like addicts constantly on the lookout for their next fix, members grow impatient with anything that doesn’t promise the kick of a campaign contribution. The first job is meeting the fundraising target. Everything else seems cheap. Talk about policy becomes, as one Silicon Valley executive described it to me, “transactional.” The perception, at least among industry staffers dealing with the Hill, is that one makes policy progress only if one can promise fundraising progress as well.
This dance has in turn changed the character of Washington. As Kaiser explains, Joe Rothstein, an aide to former Senator Mike Gravel, said there was never a “period of pristine American politics untainted by money…. Money has been part of American politics forever, on occasion–in the Gilded Age or the Harding administration, for example–much more blatantly than recently.” But “in recent decades ‘the scale of it has just gotten way out of hand.’ The money may have come in brown paper bags in earlier eras, but the politicians needed, and took, much less of it than they take through more formal channels today.”
And not surprisingly, as powerful interests from across the nation increasingly invest in purchasing public policy rather than inventing a better mousetrap, wealth, and a certain class of people, shift to Washington. According to the 2000 Census, fourteen of the hundred richest counties were in the Washington area. In 2007, nine of the richest twenty were in the area. Again, Kaiser: “In earlier generations enterprising young men came to Washington looking for power and political adventure, often with ambitions to save or reform the country or the world. In the last fourth of the twentieth century such aspirations were supplanted by another familiar American yearning: to get rich.
Rich, indeed, they are, with the godfather of the lobbyist class, Gerald Cassidy, amassing more than $100 million from his lobbying business.
Members of Congress are insulted by charges like these. They insist that money has no such effect. Perhaps, they concede, it buys access. (As former Representative Romano Mazzoli put it, “People who contribute get the ear of the member and the ear of the staff. They have the access–and access is it.”) But, the cash-seekers insist, it doesn’t change anyone’s mind. The souls of members are not corrupted by private funding. It is simply the way Americans go about raising the money necessary to elect our government.
But there are two independent and adequate responses to this weak rationalization for the corruption of the Fundraising Congress. First: whether or not this money has corrupted anyone’s soul–that is, whether it has changed any vote or led any politician to bend one way or the other–there is no doubt that it leads the vast majority of Americans to believe that money buys results in Congress. Even if it doesn’t, that’s what Americans believe. Even if, that is, the money doesn’t corrupt the soul of a single member of Congress, it corrupts the institution–by weakening faith in it, and hence weakening the willingness of citizens to participate in their government. Why waste your time engaging politically when it is ultimately money that buys results, at least if you’re not one of those few souls with vast sums of it?
“But maybe,” the apologist insists, “the problem is in what Americans believe. Maybe we should work hard to convince Americans that they’re wrong. It’s understandable that they believe money is corrupting Washington. But it isn’t. The money is benign. It supports the positions members have already taken. It is simply how those positions find voice and support. It is just the American way.”
Here a second and completely damning response walks onto the field: if money really doesn’t affect results in Washington, then what could possibly explain the fundamental policy failures–relative to every comparable democracy across the world, whether liberal or conservative–of our government over the past decades? The choice (made by Democrats and Republicans alike) to leave unchecked a huge and crucially vulnerable segment of our economy, which threw the economy over a cliff when it tanked (as independent analysts again and again predicted it would). Or the choice to leave unchecked the spread of greenhouse gases. Or to leave unregulated the exploding use of antibiotics in our food supply–producing deadly strains of E. coli. Or the inability of the twenty years of “small government” Republican presidents in the past twenty-nine to reduce the size of government at all. Or… you fill in the blank. From the perspective of what the People want, or even the perspective of what the political parties say they want, the Fundraising Congress is misfiring in every dimension. That is either because Congress is filled with idiots or because Congress has a dependency on something other than principle or public policy sense. In my view, Congress is not filled with idiots.
The point is simple, if extraordinarily difficult for those of us proud of our traditions to accept: this democracy no longer works. Its central player has been captured. Corrupted. Controlled by an economy of influence disconnected from the democracy. Congress has developed a dependency foreign to the framers’ design. Corporate campaign spending, now liberated by the Supreme Court, will only make that dependency worse. “A dependence” not, as the Federalist Papers celebrated it, “on the People” but a dependency upon interests that have conspired to produce a world in which policy gets sold.
No one, Republican or Democratic, who doesn’t currently depend upon this system should accept it. No president, Republican or Democratic, who doesn’t change this system could possibly hope for any substantive reform. For small-government Republicans, the existing system will always block progress. There will be no end to extensive and complicated taxation and regulation until this system changes (for the struggle over endless and complicated taxation and regulation is just a revenue opportunity for the Fundraising Congress). For reform-focused Democrats, the existing system will always block progress. There will be no change in fundamental aspects of the existing economy, however inefficient, from healthcare to energy to food production, until this political economy is changed (for the reward from the status quo to stop reform is always irresistible to the Fundraising Congress). In a single line: there will be no change until we change Congress.
That Congress is the core of the problem with American democracy today is a point increasingly agreed upon by a wide range of the commentators. But almost universally, these commentators obscure the source of the problem.
Some see our troubles as tied to the arcane rules of the institution, particularly the Senate. Ezra Klein of the Washington Post, for example, has tied the failings of Congress to the filibuster and argues that the first step of fundamental reform has got to be to fix that. Tom Geoghegan made a related argument in The Nation magazine in August, and the argument appears again in the current issue alongside this article. (Of course, the editors were less eager to abolish the filibuster when the idea was floated by the Republicans in 2005, but put that aside.)
These arguments, however, miss a basic point. Filibuster rules simply set the price that interests must pay to dislodge reform. If the rules were different, the price would no doubt be higher. But a higher price wouldn’t change the economy of influence. Indeed, as political scientists have long puzzled, special interests underinvest in Washington relative to the potential return. These interests could just as well afford to assure that fifty-one senators block reform as forty.
Others see the problem as tied to lobbyists–as if removing lobbyists from the mix of legislating (as if that constitutionally could be done) would be reform enough to assure that legislation was not corrupted.
But the problem in Washington is not lobbying. The problem is the role that lobbyists have come to play. As John Edwards used to say (when we used to quote what Edwards said), there’s all the difference in the world between a lawyer making an argument to a jury and a lawyer handing out $100 bills to the jurors. That line is lost on the profession today. The profession would earn enormous credibility if it worked to restore it.
Finally, some believe the problem of Congress is tied to excessive partisanship. Members from an earlier era routinely point to the loss of a certain civility and common purpose. The game as played by both parties seems more about the parties than about the common good.
But it is this part of the current crisis that the dark soul in me admires most. There is a brilliance to how the current fraud is sustained. Everyone inside this game recognizes that if the public saw too clearly that the driving force in Washington is campaign cash, the public might actually do something to change that. So every issue gets reframed as if it were really a question touching some deep (or not so deep) ideological question. Drug companies fund members, for example, to stop reforms that might actually test whether “me too” drugs are worth the money they cost. But the reforms get stopped by being framed as debates about “death panels” or “denying doctor choice” rather than the simple argument of cost-effectiveness that motivates the original reform. A very effective campaign succeeds in obscuring the source of conflict over major issues of reform with the pretense that it is ideology rather than campaign cash that divides us.
Each of these causes is a symptom of a more fundamental disease. That disease is improper dependency. Remove the dependency, and these symptoms become–if not perfectly then at least much more–benign.
As someone who has known Obama vaguely for almost twenty years–he was my colleague at the University of Chicago, and I supported and contributed to every one of his campaigns–I would have bet my career that he understood this. That’s what he told us again and again in his campaign, not as colorfully as Edwards, but ultimately more convincingly. That’s what distinguished him from Hillary Clinton. That’s what Clinton, defender of the lobbyists, didn’t get. It was “fundamentally chang[ing] the way Washington works” that was the essential change that would make change believable.
So if you had told me in 2008 that Obama expected to come to power and radically remake the American economy–as his plans to enact healthcare and a response to global warming alone obviously would–without first radically changing this corrupted machinery of government, I would not have believed it. Who could believe such a change possible, given the economy of influence that defines Washington now?
Yet a year into this administration, it is impossible to believe this kind of change is anywhere on the administration’s radar, at least anymore. The need to reform Congress has left Obama’s rhetoric. The race to dicker with Congress in the same way Congress always deals is now the plan. Symbolic limits on lobbyists within the administration and calls for new disclosure limits for Congress are the sole tickets of “reform.” (Even its revolving-door policy left a Mack truck-wide gap at its core: members of the administration can’t leave the government and lobby for the industries they regulated during the term of the administration. But the day after Obama leaves office? All bets are off.) Save a vague promise in his State of the Union about overturning the Court’s decision in Citizens United v. Federal Election Commission (as if that were reform enough), there is nothing in the current framework of the White House’s plans that is anything more than the strategy of a kinder and gentler, albeit certainly more articulate, George W. Bush: buying reform at whatever price the Fundraising Congress demands. No doubt Obama will try to buy more reform than Bush did. But the terms will continue to be set by a Congress driven by a dependency that betrays democracy, and at a price that is not clear we can even afford.
Healthcare reform is a perfect example. The bill the Fund-raising Congress has produced is miles from the reform that Obama promised (”Any plan I sign must include an insurance exchange…including a public option,” July 19, 2009). Like the stimulus package, like the bank bailouts, it is larded with gifts to the most powerful fundraising interests–including a promise to drug companies to pay retail prices for wholesale purchases and a promise to the insurance companies to leave their effectively collusive (since exempt from anti-trust limitations) and extraordinarily inefficient system of insurance intact–and provides (relative to the promises) little to the supposed intended beneficiaries of the law: the uninsured. In this, it is the perfect complement to the only significant social legislation enacted by Bush, the prescription drug benefit: a small benefit to those who can’t afford drugs, a big gift to those who make drugs and an astonishingly expensive price tag for the nation.
So how did Obama get to this sorry bill? The first step, we are told, was to sit down with representatives from the insurance and pharmaceutical industries to work out a deal. But why, the student of Obama’s campaign might ask, were they the entities with whom to strike a deal? How many of the 69,498,516 votes received by Obama did they actually cast? “We have to change our politics,” Obama said. Where is the change in this?
“People…watch,” Obama told us in the campaign, “as every year, candidates offer up detailed healthcare plans with great fanfare and promise, only to see them crushed under the weight of Washington politics and drug and insurance industry lobbying once the campaign is over.”
“This cannot,” he said, “be one of those years.”
It has been one of those years. And it will continue to be so long as presidents continue to give a free pass to the underlying corruption of our democracy: Congress.
There was a way Obama might have had this differently. It would have been risky, some might say audacious. And it would have required an imagination far beyond the conventional politics that now controls his administration.
No doubt, 2009 was going to be an extraordinarily difficult year. Our nation was a cancer patient hit by a bus on her way to begin chemotherapy. The first stages of reform thus had to be trauma care, at least to stabilize the patient until more fundamental treatment could begin.
But even then, there was an obvious way that Obama could have reserved the recognition of the need for this more fundamental reform by setting up the expectations of the nation forcefully and clearly. Building on the rhetoric at the core of his campaign, on January 20, 2009, Obama could have said:
America has spoken. It has demanded a fundamental change in how Washington works, and in the government America delivers. I commit to America to work with Congress to produce that change. But if we fail, if Congress blocks the change that America has demanded–or more precisely, if Congress allows the special interests that control it to block the change that America has demanded–then it will be time to remake Congress. Not by throwing out the Democrats, or by throwing out the Republicans. But by throwing out both, to the extent that both continue to want to work in the old way. If this Congress fails to deliver change, then we will change Congress.
Had he framed his administration in these terms, then when what has happened happened, Obama would be holding the means to bring about the obvious and critical transformation that our government requires: an end to the Fundraising Congress. The failure to deliver on the promises of the campaign would not be the failure of Obama to woo Republicans (the unwooable Victorians of our age). The failure would have been what America was already primed to believe: a failure of this corrupted institution to do its job. Once that failure was marked with a frame that Obama set, he would have been in the position to begin the extraordinarily difficult campaign to effect the real change that Congress needs.
I am not saying this would have been easy. It wouldn’t have. It would have been the most important constitutional struggle since the New Deal or the Civil War. It would have involved a fundamental remaking of the way Congress works. No one should minimize how hard that would have been. But if there was a president who could have done this, it was, in my view, Obama. No politician in almost a century has had the demonstrated capacity to inspire the imagination of a nation. He had us, all of us, and could have kept us had he kept the focus high.
Nor can one exaggerate the need for precisely this reform. We can’t just putter along anymore. Our government is, as Paul Krugman put it, “ominously dysfunctional” just at a time when the world desperately needs at least competence. Global warming, pandemic disease, a crashing world economy: these are not problems we can leave to a litter of distracted souls. We are at one of those rare but critical moments when a nation must remake itself, to restore its government to its high ideals and to the potential of its people. Think of the brilliance of almost any bit of the private sector–from Hollywood, to Silicon Valley, to MIT, to the arts in New York or Nashville–and imagine a government that reflected just a fraction of that excellence. We cannot afford any less anymore.
What would the reform the Congress needs be? At its core, a change that restores institutional integrity. A change that rekindles a reason for America to believe in the central institution of its democracy by removing the dependency that now defines the Fundraising Congress. Two changes would make that removal complete. Achieving just one would have made Obama the most important president in a hundred years.
That one–and first–would be to enact an idea proposed by a Republican (Teddy Roosevelt) a century ago: citizen-funded elections. America won’t believe in Congress, and Congress won’t deliver on reform, whether from the right or the left, until Congress is no longer dependent upon conservative-with-a-small-c interests–meaning those in the hire of the status quo, keen to protect the status quo against change. So long as the norms support a system in which members sell out for the purpose of raising funds to get re-elected, citizens will continue to believe that money buys results in Congress. So long as citizens believe that, it will.
Citizen-funded elections could come in a number of forms. The most likely is the current bill sponsored in the House by Democrat John Larson and Republican Walter Jones, in the Senate by Democrats Dick Durbin and Arlen Specter. That bill is a hybrid between traditional public funding and small-dollar donations. Under this Fair Elections Now Act (which, by the way, is just about the dumbest moniker for the statute possible, at least if the sponsors hope to avoid Supreme Court invalidation), candidates could opt in to a system that would give them, after clearing certain hurdles, substantial resources to run a campaign. Candidates would also be free to raise as much money as they want in contributions maxed at $100 per citizen.
The only certain effect of this first change would be to make it difficult to believe that money buys any results in Congress. A second change would make that belief impossible: banning any member of Congress from working in any lobbying or consulting capacity in Washington for seven years after his or her term. Part of the economy of influence that corrupts our government today is that Capitol Hill has become, as Representative Jim Cooper put it, a “farm league for K Street.” But K Street will lose interest after seven years, and fewer in Congress would think of their career the way my law students think about life after law school–six to eight years making around $180,000, and then doubling or tripling that as a partner, where “partnership” for members of Congress means a comfortable position on K Street.
Before the Supreme Court’s decision in Citizens United v. FEC, I thought these changes alone would be enough at least to get reform started. But the clear signal of the Roberts Court is that any reform designed to muck about with whatever wealth wants is constitutionally suspect. And while it would take an enormous leap to rewrite constitutional law to make the Fair Elections Now Act unconstitutional, Citizens United demonstrates that the Court is in a jumping mood. And more ominously, the market for influence that that decision will produce may well overwhelm any positive effect that Fair Elections produces.
This fact has led some, including now me, to believe that reform needs people who can walk and chew gum at the same time. Without doubt, we need to push the Fair Elections Now Act. But we also need to begin the process to change the Constitution to assure that reform can survive the Roberts Court. That constitutional change should focus on the core underlying problem: institutional independence. The economy of influence that grips Washington has destroyed Congress’s independence. Congress needs the power to restore it, by both funding elections to secure independence and protecting the context within which elections occur so that the public sees that integrity.
No amendment would come from this Congress, of course. But the framers left open a path to amendment that doesn’t require the approval of Congress–a convention, which must be convened if two-thirds of the states apply for it. Interestingly (politically) those applications need not agree on the purpose of the convention. Some might see the overturning of Citizens United. Others might want a balanced budget amendment. The only requirement is that two-thirds apply, and then begins the drama of an unscripted national convention to debate questions of fundamental law.
Many fear a convention, worrying that our democracy can’t process constitutional innovation well. I don’t share that fear, but in any case, any proposed amendment still needs thirty-eight states to ratify it. There are easily twelve solid blue states in America and twelve solid red states. No one should fear that change would be too easy.
No doubt constitutional amendments are politically impossible–just as wresting a republic from the grip of a monarchy, or abolishing slavery or segregation, or electing Ronald Reagan or Barack Obama was “politically impossible.” But conventional minds are always wrong about pivot moments in a nation’s history. Obama promised this was such a moment. The past year may prove that he let it slip from his hand.
For this, democracy pivots. It will either spin to restore integrity or it will spin further out of control. Whether it will is no longer a choice. Our only choice is how.
Imagine an alcoholic. He may be losing his family, his job and his liver. These are all serious problems. Indeed, they are among the worst problems anyone could face. But what we all understand about the dependency of alcoholism is that however awful these problems, the alcoholic cannot begin to solve them until he solves his first problem–alcoholism.
So too is it with our democracy. Whether on the left or the right, there is an endless list of critical problems that each side believes important. The Reagan right wants less government and a simpler tax system. The progressive left wants better healthcare and a stop to global warming. Each side views these issues as critical, either to the nation (the right) or to the globe (the left). But what both sides must come to see is that the reform of neither is possible until we solve our first problem first–the dependency of the Fundraising Congress.
This dependency will perpetually block reform of any kind, since reform is always a change in the status quo, and it is defense of the status quo that the current corruption has perfected. For again, as Obama said:
If we’re not willing to take up that fight, then real change–change that will make a lasting difference in the lives of ordinary Americans–will keep getting blocked by the defenders of the status quo.
“Defenders of the status quo”–now including the souls that hijacked the movement Obama helped inspire.
Editors Note: This post is re-printed with permission from The Nation magazine, where it appears as the February 4, 2010 cover story. You can see a video interview with Professor Lessig about the piece here, or take action on issues raised in the piece by visiting FixCongressFirst.org.





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136 Comments
Obama never wanted to reform the government. He just wanted to get elected.
The problem has been the Democrats blew right by Socialism onto Fascism. The Republicans have been almost as bad. We have a Constitution which was the Law of the Land. Someone should go to the Dumpster behind this Whitehouse and pluck the Constitution out of the trash and read it.
As a Tax Payer, I have nothing left for the Voters to steal or the Politicians to use to buy votes with my money from these Freeloading voters. I hope the Tea Party will endorse the right people (Conservatives) to get elected and bring the America of James Madison, Washington, Franklin and 53 other Founders back. Many were to willing to sell our Liberty and Freedom on the cheap, leaving us with Tyrants and a whole bunch of Government Thieving going on.
Fantastic article. People should read it through a couple of times.
Excellent post. I would not put all the blame for missed opportunity on "Obama's team." Obama went into this with both eyes wide open and he knew what he was doing with his agenda. I also do not think Americans are "cynical." I think the Federal government has become cynical to the Americans people it is supposed to serve because a majority of us do not agree with the policies and standards, or lack there-of, presented by the the current administration.
Obama's changes weren't changes that sounded good to me, even
when he was campaigning……I think we should start by having the
Congress cut their pay, cut their perks, and stop living like royalty..
Including the President….Live like the people live!!..I'd go with that as
a starter!!
Interestingt article, total waste of time and not enough accurate info. Sorry.
http://joytiz.com/2010/obamas-bosss-agenda-in-per...
Then do a search for Richard Poe.
Obama is nothing. He is a pawn. As is McCain.
The all have to be cleaned out.
Stop wasting your time reading blogs.. Get busy.
Check out the movement to elect citizen Representatives this November: http://www.goooh.com
THE ULTIMATE IN CORRUPTION…THE AMERICAN CRIME OF THE CENTURY
THE DEMOCRATS AND REPUBLICANS GAVE AMERICA AN ILLEGAL PRESIDENT!
Dear American People,
Let me ask you this…are you a believer in freedom and liberty for people or are you a believer that it's much better to live as a slave? We have a serious problem here in America that is defining just that. Are you free or are you a slave? Well the answer to that will be determined with the passing of time and what the American citizens do about the AMERICAN CRIME OF THE CENTURY! If you stand up and fight this most obvious and blatant assault on the U.S. Constitution being perpetrated and committed by the democrats and the republicans, well then you are a believer in freedom and liberty for the people. If you just stand by and do nothing and go along with what the democrats and republicans who want you to believe about Barack Obama being a legitimate president then you prefer to live your life out as a slave!
The democrats and republicans betrayed WE THE PEOPLE and the U.S. Constitution by allowing an unqualified candidate (Barack Obama) run (and win) for the Office of the President with their waving of their middle finger to ARTICLE 2 SECTION 1 of the U.S. Constitution which as the Supreme Law of the Land says that to be a candidate to run for the Office of the President a candidate must be a "NATURAL BORN CITIZEN", Barack Obama is not a NATURAL BORN CITIZEN and has no business occupying the people's White House and putting America in a state of international danger with his policies of incompetence! If this is an example of how elected officials who swear oath to serve, uphold and protect the Constitution, but to only turn around and practice treason to the Constitution, think of the Constitution! Then we are nothing but tax paying slaves to them unless WE THE PEOPLE stand up and fight because as it is right now your government thinks of you as a helpless slave! This is what America has become! People you need to research the Law of Nations, the Congressional Globe and this SCOTUS case "Minor v. Happersett" of 1874!
Excellent article! It is time for REAL reform … for the sake of this great nation. I would be so grateful and relieved to see members of both parties take up this mantle … really, really … not just in words, but also in action. I think it would be a great idea for more and more people to officially change their party affiliation on their voter registration from D and R to Independent … maybe this way the fundraising Congress will finally get the message. I will be doing this myself pronto!
Professor Lessig,
Thank you for writing this. Although your motivation seems positive, as of one of the left's vanguards I am wary that you have the United States' best interest at heart.
I was born in Cuba so whenever I hear a leftist write about reform I know that doesn't always mean a positive thing. The history of the left is one of death and misery as witnessed by my immediate and extended family.
I suppose you can count me as one of those that believe:
….our Congress is a simple pretense. That rather than being, as our framers promised, an institution “dependent on the People,” the institution has developed a pathological dependence on campaign cash.
Yes, I am surprised by the occasional congressman or senator that takes a principled position and doesn't turn his elected office into a lifetime position, unfortunately that is the exception and not the rule.
If we want change we should lay off one third of the US bureaucracy and cut one third of the federal government activities and programs. Lean federal government may have a better chance of moving then the big fat bureaucracy that is stuck and does not accomplish anything.
The problem with goooh is many there are the Democrats little helpers. Many at goooh want the Tea Party to become a third party in which will leave the Democrats like Boxer and Obama holding power by splitting Conservative voters as the Green Party does with the Democrat Party.
The Tea Party should act as a King Maker and endorse Conservatives who run for elected Office vs. RINOs and Progressive Marxists in the Democrat Party. What goooh does not understand is the Republican Party is low hanging fruit that can be taken back by Conservatives with the establishment and parts of a political party already in place.
I agree so strongly. WE THE PEOPLE cannot allow either lame stream party in office. As bad as it is with the progressives in charge it will be just as bad if we let the NEOCONS back in.
Lest we forget it was the Rebloodlicans that were in charge when they put the UNpatriot act in place that wiped out half of the bill of rights in the stroke of a pen. The NEOCON scum are using our love for liberty as a marketing tool right now to TRY and regain our trust. Don't forget they too have a man behind the curtain and we must pay attention to his nefarious plans as much as the progressive man behind the curtain.
Until we wake up and stop the BIGGEST lie all in the district of CORRUPTION and many state legislatures have confused us into believing, that they are the government we are doomed to keep repeating this political doomsday.
Remember the highest office in the land is not president or judge, not senator nor congressman. In this country under our system of government; the highest office in the land is that of citizen.
WE ARE THE GOVERNMENT. WE ARE SOVERIGN. WE MUST BE IN CHARGE FOR THIS COUNTRY TO SURVIVE.
The free market (Capitalism) did not cause this crisis, the government (Socialism/Communism) did.
The free market did not create Fannie Mae, Freddie Mac, Ginnie Mae and Sallie Mae, the government did.
The free market did not pass laws that force banks to lend to those who do not qualify for a loan, the government did.
The free market did not take us off the gold standard, the government did.
The free market did not dump trillions of dollars of cheap money into the system causing the largest asset bubble in history, the government did.
The free market did not create multiple multi-trillion-dollar unfunded entitlement programs, the government did.
The free market did not write a 60,000+ page tax code that punishes work, rewards sloth and buys the votes of special interest groups, the government did.
The free market did not destroy our public school system and graduate (or fail to graduate) generations of civically and financially illiterate citizens, the government did.
The free market did not drive our jobs overseas and kill our entrepreneurial spirit with over-taxation, over-regulation and frivolous lawsuits, the government did.
The free market did not ban drilling for oil, vilify coal and block the building of nuclear power plants in the United States, thereby transferring hundred of billions of dollars of American wealth and many thousands of energy-industry jobs to foreign countries, the government did.
This crisis is the result of a giant social engineering experiment and vote-buying scheme gone tragically wrong.
The free market does not try to engineer society or buy votes, the government does.
The government caused this crisis, the free market did not.
The government cannot fix the crisis, the free market can.
I think I can write this article in two or so sentences (but of course without 5000 words it can't possibly well thought out). At the risk of playing the fool, here goes:
Cut off the federal government's free access to our wallets and our labor. After stopping the revenue train for everything except those few items that are constitutionally allowed, K-Street will not have a need to lobby because there will be no legislative return for their clients.
OK two sentences, how's that for hope and change? We don't have to debate abortion, welfare, tarp, education, healthcare, etc. Once the money is gone, we don't have to accept the faulty premise that the feds should "do something" as most of what they do now is trample over states and personal rights.
Double OUTSTANDING
My kid told me he saw a Homeless Guy yesterday with a sign saying Obama is not the only one who wants some change. OUCH!
First of all lets get something straight the title of this post should beHow to get back our Republic! The US is a Democratic Republic The question is what are you prepared to do to get your Republic back? The tactics your doing aren't working that well; emails (that get deleted), phone calls (that go unanswered), faxes and snail mail (that end up in the trash) and your protests (that get mocked & dismissed as astroturf on nightly news)!! Otherwise most of us would not be discussing whats going on on a daily basis and having blood shoot out of our eyeballs over everything that is going on.
What are you prepared to do, is the question you must ask seriously yourself!? Its time for "out of the box" thinking in dealing with all politicians, bias fringe media and special interest groups who are only working for their own interest. Unconventional actions is what is going to be needed to affect real change through http:http://www.savingtherepublic.com
Well written article, but I couldn't help but nearly choke on some throw up when the first two world calamities you mentioned are climate change and the H1N1 "pandemic". Thoughts like these show us the left will never have the answers to our problems. They just don't get it. Politics in Washington is akin to a rapidly rising cesspool of filth that is affecting our everyday life. The answer to this is not to pass Heathcare Reform as Obama stated, it is not to pass Crap and Tax or to alter a supreme court you don't like. The answer does come in the complete restructure of the House and Senate. As you adroitly said campaign reform is important, so are term limits. Is the answer the States calling for a continental Congress? I'm not sure about that. What I am sure about is the need for every American to stop allowing their Reps to feel like they have carte blanch to act against the will of those they "represent". We must get involved in the process and hold elected officials feet to the fire.
Just my 2 cents.
Time to change Congress. Send corrupt politicians to prison.
Let's populate the newly minted Fed. prison in Illinois of corrupt politicians and terrorists.
With out accountability, what is there? There are absolutely no ramifications for any actions by our elected officials, other than they may or may not get the votes for re-election next cycle…Woop De Doo!
I'm honestly already put off by the attempts at the "Tea Party" trying to organize. Little cart before the horse action in my eyes. Collectively, ideas and principles are a good thing to share. But we don't need a third party, or anything of the sorts. If people would just start being more concerned about their own welfare, and adopting the attitude that the polling station is one of the most important places they will ever visit, for any election, then and only then will things start to change. It's going to take the citizens of this country to do the right things, in the way of educated voting, and participating in political activities that have a direct, or even indirect impact on their lives and the lives of future generations.
Actions speak louder than words Mr. Lessig
How do you explain passing the health care bill the goal and not caring what is in the health care bill.
This nonsense falls squarely on Obama.
Since his motives behind the [campaign] message were bogus, his partnership with a corrupt congress was inevitable. So please, spare us the Obama is merely a victim in all of this.
With respect to congress, this present cadre of hollow people is merely a reflection of what our society has evolved into.
The actions on the part of congress, I fear, are but a reflection of our deterioration that can best be explained, for example, by our flippant acceptance of such things as "The Bad Girls Club" as normal American life.
Our task: We have to go back to Kansas—–We have to put the toothpaste back in the tube — etc.
We do these things and we will not have to "change Congress".
Republican and Democrat titles are just symbols. I could care less what affiliation a candidate has. It shouldn't matter. What should matter is what that candidate is standing for, who they surround themselves with, and what their past has to offer us as a foot print to what their future may bring. But…Until there is some real accountability in Washington, nothing will ever change. The ruling class will always be just that. And we shall continue to be slaves to them until we kick them the hell out and take back our country from the den of thieves we have operating now…
Check out the new version of "Mmm Mmm Mmm Barack Hussein Obama" at: http://www.myspace.com/rogerweber
You'll get a laugh!
Bless Painesright.
The argument could be made that the people ARE in charge and they're doing a piss-poor job of things. Let's not forget that this man-child was duly elected by the people. If you want better government, show me better citizens.
"Government isn't the answer to the problem. Government IS the problem."
Ronald Wilson Reagan
Excellent article!! Thanks for the link.
The reform started in Virginia, New Jersey, and Massachusetts. Incumbents are in the voters cross-hairs and voters are dropping the hammer on them. November will be a slaughter and 2012 will repeat. The new replacement 'incumbents' are going under the microscope on day one. Enough with all the squirrel caging. The problem is money and the corruption the money brings. We will keep hiring and firing until they get it right.
This goes hand-in-glove with what I've been saying. If you want better government, show me better citizens. Good post.
Lessig's mistake is a complete lack of faith in small businesses. The change he has been looking for is right around the corner. it is morning in America.
If the Chamber of Commerce is able to name pro-small business candidates and small businesses can spend unlimited amounts of money to place these guys in office…. the power will very quickly devolve back to states and cities.
The only way to change Congress is to force them to cede power to local officials, and they will do so, if the businesses in their hometowns run them like dogs.
Trust the Chamber of Commerce, Larry.
You state: "…in a campaign that had produced the biggest influx of new voters and small-dollar contributions in a generation…" However, how many of those "new voters" were real and legal? Between ACORN and the rest of the left, and the lack of interest in voter identification, I would offer that the REAL legal voting turnout was NOT a significant change from past elections. And if you check the donor names for The One, it becomes rather clear that SOMEBODY has been up to something illegal. But don't expect anyone in "Law Enforcement" to do anything about it.
Absolutely; the change Washington rhetoric was window dressing to disguise the truth of another corrupt politician seeking power for its own sake.
Deserting the entrenched parties for independent status would, if it happened in large enough numbers, send a shock wave through American politics. It is a pity that it is unlikely to happen.
Hear, Hear!!!
Cute recommendation for limiting personal contributions to $100. The learned Lessig chooses to forget that the Obama campaign deliberately removed the screen on credit card donations to it, so that anyone could donate as many $100 bills as she wanted, from any country on earth.
I think that if we don't see some improvements come November, you might be seeing more "outside the box" thinking than you care to. You heard it here first.
Snip "…76 percent have a fair or great deal of “trust and confidence” in the Court"
Wait until our master puts in 3 progressive psychopaths, that number will be at about 2%
This whole article is nonesense, you will never "reform" congress, thats like reforming a bank robber, the only way to stop them is make money and power unavailable to them anything else is just intellectual posturing.
A very astute observation there, LRL. Not only was it sickening, it demonstrates how effectively the Left is forcing Conservatives to engage in debate on their sideshow talking points instead of defining the debate themselves. Corruption and lack of honor in Government should be the focus of our debate.
Mr. Lessig, We don't live in a democracy! Were you asleep in your 8th grade Civics class? Our founders gave us a Constitutional Republic. They feared a democracy and so should you!
I hate to be a wet towel, but if it weren't for people reading this blog, your message would never have been heard. I also think that you're presumptuous to assume that because people read this blog they aren't doing anything else. I understand your desire to motivate people to action, but trashing Andy's Blog as a "waste of time" is NOT the way to go about it.
The problem is that Congress (and the Executive branch, and the Judicial branch) all have too much power. Corruption naturally follows.
"It can be proven with facts and figures that there is no natively criminal class in America, except perhaps Congress."
-Mark Twain
Wait a minute, are you saying that OBAMA is not as pure as the white driven snow as Larry Lessig would have us believe.
We the people will just have to maintain our Tea Party's going.
And that OK with me.
Prof. Lessig: I believe the idea of this amendment has merit, but the assertion that change would not be too easy is predicated on an assumption that delegates to the convention would vote in accordance with the wishes of the citizens of the states they would be representing. How would this be assured?
Public transportation–everywhere they go. Slow down the takeover and expose them, physically, to the people they're crapping on.
There weren't any "calamities" at all. Just crap dreamed up to convince the uninformed to let someone else run their lives.
It really bugs me that ppl are calling this country a democracy. It is not a democracy, what Chavez, Ahmedumbdedumb and the Castro Boys have is a democracy. It is nothing more than majority rule, as explained in the vid here http://www.savingtherepublic.com/Philosophy.html , thats nothing more than mob rule! As a Republic we have laws that keep the mob… majority rule in check.
Dear Professor:
Sorry to be blunt, you’re a nice guy it seems that was conned by BHO. Simple…by the way can you give us access to some of his sealed documents there at the “honorable University of Chicago”? You say many nice words about corruption – yet you stand on the sidelines and don’t demand that your University defy the “pre – executive privilege” orders to seal BHO’s information. You see Dr. Lessing for the republic to fail “good men -just need not stand up”. Are you a good man or one of just “many words”?
Your pontification is “well the taxpayer just should fund the elections” ignoring the fact that problem is that the Federal election commission just does not enforce the election law, and to do so in a swift manner…putting people in jail who violate our most critical and important right…a fair election. How about so many stupid voter registration laws that “invite corruption” to the system, that make districts that are ridiculous in there alignment – and just seek to maintain the status quo?
I completely agree with term limits. I also think that the idea of not letting a politician work as a lobbyist for at least 7 years after leaving office would cut down on some of the corruption as the article states.
Let’s talk about how congress does business: if I as an independent business person I did business in the same way as the “Cornhusker kickback or the “Louisiana Purchase” I would be in violation of Sarbanes Oxley and subject to imprisonment. At the least I have no right of executive privilege. Not so in Congress and with the President and now…. in the Federal Reserve…just seal the documents and claim “executive privilege”.
The problems that face our Country are not that hard…a bunch of tavern drunks can figure it out in an evening or two. What they don’t have is the power to enact the necessary change because the statists willingly use the power of their office to dissuade them, see IRS, FBI, DOJ, EPA as the puppets of the statist.
For example: Lobbying is simple problem to solve – a corporation or can invest all they want into election campaigning, they just can’t deduct the money from their taxes as expense or they can’t deduct that money at the expense of the shareholders return to investment.
Company employees and shareholders can take all the money they want “out of their personal pockets” and invest it any way free speech compels them too, ditto for Unions. Also 503C’s can’t have any paid volunteers, the term “paid volunteers” just doesn’t jive with the purpose of 503’s…it’s a stupid shill on the people.
Government simply needs to live by the same rules that “the people live by”. You want to fix Congress, easy- no pensions until you turn 65, then you get social security like everyone else. Term limit all bureaucrats and government workers to 12 years. No government retirement system other than social security…and no borrowing from it by the government. Again not hard to figure out…like I said a bunch of tavern drunks could figure it out…and they did back in 1776!
Stupid idea…just follow the Constitution…it doesn’t need fixing…just enforcing!
We don't live in a democracy. We live in a Constitutional Republic. You will not find "democracy" in the Declaration of Independence or Constitution. The Pledge of Allegiance? "…and to this Republic"
Please watch and learn. http://www.youtube.com/watch?v=DioQooFIcgE
Thank you.
And yes…Better, more informed citizens indeed!
Remember we must boycott all leftist media organizations. If we ALL call their sponsors and tell them we won’t patronize them as long as they support leftwing media (or racist media) in the case of NBC. Trust me it will make a huge difference. Have you called or wrote a sponsor today? It's time to stop the indoctrination and take back our country!
Here Here…!
Obama's jobs program should be for the people and not the unions/special interests. Corrupt gov. programs, and the corrupt of the unions are common in the present administration, – the gov. gets the power, -from taxing the people, for the the unions to get the money/benefits, and the people get the shaft
-*.lewrockwell.com/anderson/anderson48.html The Progressives’ 100 Years War
-glennbeck-com April 16 2009 American Progressivism Who were the Progressives, and why are they important?
-nrtw –org AFL-CIO Czar Trumka: Card Check Forced Unionism Will Pass Tue, 01/19/2010
-wordpress-com who is the apollo alliance and why did they write the stimulus bill
-verumserum-com Van Jones’ Legacy Lives On: DOL Doles Out $100M in Green Jobs Grants to Unions Jan 7, 2010
nrtw-org NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION, INC. Incoming AFL-CIO President
Richard Trumka: An Ugly History of Violence and Corruption
Sorry Larry but we don't live in a Democracy and we certainly would not want it back.
We live in a Constitutionally limited Republic. Democracy is close to mob rule.
I am always suspicious of people who call our nation a democracy. Are they just ignorant or do they have an ulterior objective?
Anyone who knows our Constitution and our history (not the revisionist pregressive stuff taught in government schools) knows this is a republic. In fact anyone who knows the "Pledge of Allegiance" knows it's a republic, for which Old Glory stands.
SEIU’s new rule forces local affiliates to raise PAC money or kick in workers’ forced union dues and pay penalties
Washington, DC (July 17, 2008)
-alternative-energy-news obama’s stimulus includes green investments
- demint.senate-gov The American Option: A Jobs Plan That Works January 29, 2009
-Citizens Against Government Waste (CAGW) is a private, non-partisan, non-profit organization representing more than one million members and supporters nationwide. CAGW's mission is to eliminate waste, mismanagement, and inefficiency in the federal government
Nrtwc-org/blog/archives/The NLRB Becker Fight “Shakes and Bakes” Again
-*At Thomas.gov website click on House of Representatives/Congress to get e-mail, phone, address of reps for area code entered.
-*friendsoftheuschamber-com Reasons to oppose the Consumer Financial Protection Agency
“…While there is a laundry list of bad choices that were made by the House, the creation of the CFPA tops the list. The CFPA will have massive authority to regulate businesses in virtually all industries, even those not directly involved in consumer finance. This legislation was written with far-too-broad definitions and vague regulatory standards, exposing businesses to excessive regulation and potential litigation. The uncertainty surrounding these regulatory standards and increased liabilities will create significant disincentives for institutions that lend to consumers, restricting access to credit and increasing the price of credit for consumers…”
-Many Senators will accept e-mail outside of their constituents’ area.
-nypost.com/Unions will dodge O's health tax
It would be a good article if Obama was that person. But he is not. he is a Sol Alinsky student. The ends justifys the means. He said what he needed to say to get get elected. he could care less about Congress.
Maybe they should hold the KSM hearings in Congress, retaliation? We could only hope! Anyway that would take care of 2 birds with 1 stone. Congress and this administration are like a runaway train with the taxpayers throwing the fuel in the engine. The American public needs to unite, to stand up for our principles, to take back what our forefathers set up for us. Maybe another idea for campaign contributions would be for every dollar donated to a politician the same amout would need be donated to a charity (acountable, of course). That way we could help put our candidate into office and we would be helping a fellow American put his or her life back together without government involvement.
There need to be time limits set up for government offices, that way politicians will not get settled in, ideas will stay fresh, and lobbyist activity will continually be having to work harder for what they want, disban the unions and send their thugs packing. It is time for Americans to take up for Americans, not in a what's in it for me sense but a sense of pride for what they are doing for their fellow countrymen. Lock all the doors and open the windows let some fresh air in. Walk proud as you are meant to do after you live in the greatest nation on the face of the earth. That title did not come easily and defending it will not be easy either but our ancestors felt it was worth fighting for, do you?
There is a glaring problem with this hagiography of Obama. Obama himself, during his presidential campaign, repudiated the type of campaign finance reform that Prof Lessig believes might be successful in "changing the way Washington works". When he refused to accept public financing for his campaign (when it became clear that he could raise way more money from special interest groups) it should have been clear to the good Prof that the rhetoric about "change we can believe in" was entirely unserious. Sometimes I guess even law professors just want to believe in something so badly that they will ignore the evidence displayed in plain sight. The SEIU spent $60M bucks electing Obama (this isn't a secret … they brag about it). Andy Stern, the union president, has practically moved into the Lincoln bedroom. So, given that Obama works in exactly the same way that Washington works, how's he going to change congress?
With all due respect, many of us knew what Barak Obama was before he was elected and we opposed it
Repeal the 16th ammendment!
.
Make govt agencies (IRS EPA DEA etc) give their victims due process and pay takings.
.
Congress must live by the same laws as everyone else. no excemptions for itself.
.
Increase the number of Congresional representatives (districts) by a factor of 10 to 12.
Truly. When a politician is voted out of office they should no longer be involved in the process. It's the only true way to safeguard against such manipulation and abuses of power. If we expect to remove all the incumbents and start fresh we have to limit the amount of exposure to corruption the newly elected receive.
I'm not saying term limits is THE answer but it would be a good start in rooting out as much corruption as possible. Some of these career politicians have been in office for over 35 years. That's quite a long time to learn what they can and can get away with. A long time to build in legal protections for themselves and favors for their friends by adding amendments to legislation after they have survived the primary votes.
I see no need for politicians in our government. We need people of character who willingly and selflessly serve because they love their nation. People who are willing to submit to the same laws they wish to impose on the rest of the populace. People who can relate to the rest of us rather than relying on polls. People who are passionate about the direction our nation is headed and are willing to say what needs to be said without fear of what their peers might think. Moreover we need people who will listen to the people and vote according to the peoples wishes.
Term limits are a great idea. An arguemnet against it is that will cause corruption. LOL More corruption that already exists? Another great way to take the country back is to have live televised debates between Conservatives and Progressives, not R versus D. Can you imagine how Thomas Sowell and Charles Krauthammer would destroy Paul Krugman and Al Sharpton ? I'd actualy pay to see that !!
If you are so informed, then why are you calling the Tea Party a third party.?
Exactly. He wanted to enhance his resume and pad his wallet.
As would I.
This is a well thought out and well argued article, but I believe Professor Lessiq, like many Obama supporters, heard what they wanted to hear when Obama said he was going to "fundamentally change America" and not what Obama meant.
Frankly, Professor – you have been duped.
Mr. Obama did keep his promise to fundamentally changing America. Just not the way you believed he would and not how he promised he would. He has no intention of changing Congress or the way Government operates – it was ripe for him to step in and finish the job.
If he is any more successful, the Socialist countries in Europe wil be in a better position to call themselves the land of the free than the U.S.
Big government is the problem, because Congress passes laws on top of laws, until the laws become so complex and intermingled that no one can understand them. One solution is to require Congress to repeal two laws if it wants to pass one new law.
"This corruption is not hidden."
And the ever so painfully shocking period of denial is coming to a close. This next leg down in the markets will knock the baby boomers out of the market for good.
Credit is contracting. And there is nothing from Inside The Beltway that can reverse the wickedness ahead. Gird yourselves. They are about to strap on a nuclear warhead to the pending crash. They either believe it is going to work or they know exactly how it will work. The latter is unthinkable but what did I say about denial?
WTH this idiot Professor will never wake up…he still believes that Obama has an ounce of truth and honor, he's a tool, why waste time on deadheads like this wanker, he's still pining for the fjords!
…and now that he is there, he speaks about Washington like it is everyone BUT him and his administration. Just more proof of his narcissism, arrogance, and disdain for the system.
I usually only read things this long on paper! Time for new reading glasses!
This is a fantastic article though.
Wisdom dictates: it is the foolish man who built his house upon the sand. If however, you believe this nation can build upon a farce, a con, a lie, then you will additionally buy into: "It was a moment rare in a democracy’s history" and "The feeling was palpable–to supporters and opponents alike–that something important had happened". Sorry, as an opponent [then and now] I did not believe something important had happened, rather, that something tragic had taken place and that something catastrophic was to follow. Based upon this last year, my belief proved accurate. I hold little optimism that any changes to Congress in November will prove effective to correct the tragic "Titanic" path the USA is on. An effective correction will require an organized, legal and non-violent REVOLT on the order of WTP demanding proof of BHO eligibility under the U.S. Constitution, without limitation, specifically including an independent investigation of all those government officials [office of the president, congress, supreme court, federal courts, DNC, RNC, CIA, FBI, etc] that were involved in any way in the eligibility determinations during the election of BHO. Such a REVOLT, in the name of Constitutional Statesmanship, would prove far more effective to return the USA to its intended Constitutional government and nation. For business people, this is known as a shake-up at the top, the process is extremely effective in business; it can easily work to correct the mess that is the modern day government-media-complex. It only takes 1000 legal US citizens to sign this Petition to the Hawaii Department of Health: http://www.thepostemail.com/2009/12/26/petition/ Please, if you are a legal U.S. Citizen, consider signing this Petition today! Just 1000 legal US Citizens and this chapter in US history is brought to an immediate end. DOCUMENTED LEGAL FACTS. You don’t have to put up with 3 more years of BHO and these tyrants. The danger to the USA is not Barack Obama himself, he is a mere man-child, but the real danger is a citizenry capable of entrusting a man-child like him with the presidency. It will be easier to limit and undo the follies of an Obama presidency than to restore the necessary common sense and good judgment to a depraved electorate willing to allow such a man for their president. The problem is much deeper and far more serious than Obama, who is a mere symptom of what ails and is choking the USA. Blaming this prince of the fools should not blind anyone to the vast confederacy of fools that made him their prince. The republic can survive a “Barack Obama”, who is, after all, merely a fool of a man-child. It is less likely to survive a multitude of fools such as those who made him their president. Those elected have not and do not follow the U.S. Constitution? How is this corrupt loon any different than the whole bunch of them? U.S. is now the Titanic in the world. There is no place to run and no place to hide; you have no laws under the U.S. Constitution once USURPER POTUS is enabled to go forth. The elephant in the living room is NATURAL BORN CITIZEN. The U.S. Constitution is “black and white”, no ambiguity whatsoever. Obama, in his own written word, acknowledged his father was NOT ever a U.S. Citizen; thus, like CA Gov Arnold, he IS NOT ELIGIBLE TO BE PRESIDENT. The governing allowed it, the [so-called free-] press allowed it. AND YES, the electorate has allowed this LIE to continue to this day. The solution is found in the U.S. “dimwit” citizenry. Ancient Dictum: S/HE who REMAIN silent; CONSENTS.
http://www.thepostemail.com/2010/01/10/red-flags-...
Personally, I HATE the idea of term limits because:
1) I see it as enablement of LAZINESS. If you don't like a candidate, GET OFF THE COUCH and work for and then VOTE FOR a candidate you DO agree with. Sitting around complacently thinking "oh well, this POS will be gone once his term is up" only leads to the POS being replaced with POS #2.
2) Term limits will NOT end corruption, they will only speed them up. If Senator POS knows he is out in 6 yrs, he will scramble like mad to get his bribes and lobbyist money as fast as he can before his time is up.
3) If you ever DO get a great person in office, who really represents you and works to cut spending, reduce govt and lower taxes, it will be a shame that he'll have to go at the end of a term, won't it?
I like then idea of ideological debates and not partisan debates.
"Some of these career politicians have been in office for over 35 years."
Many times it's because of Gerrymandered districts. This practice needs to be stopped, but unfortunately, in the places it occurs, there is so much corruption that it takes a lot of effort just to get good people into the system briefly before the unions and commies manage to remove them again. Sometimes, these people are in there forever just because of disinterest on the part of people who want better (lower taxes, less spending, etc), or don't realize somehow that there are alternatives. Sometimes, there just aren't really alternatives, as when Obama got his first two elections won by getting his opponents KICKED OFF the ballot.
I think things are gradually changing though, and I hope there will be more widespread citizen involvement to nullify the deletorious effects which liberals have had on our governments.
There is an easy solution.
First, set a maximum amount that can be received by a candidate/campaign based on "per capita" for each federal position.
Second, mandatory reporting of campaign funds, both receiving and spending, itemized on a monthly basis.
Third, penalties for failing to report or illegal campaigning should include becoming ineligible for office by incumbent or challengers.
Fourth, no limit on how much is given by any individual (including the candidate) or company. Since it has to be reported then we know who is funding the candidate.
Fifth, no fund raising or receiving of funds are allowed until January of election year.
Sixth, campaigning for primary only allowed until primary is held (June of election year)
Seventh, campaigning for general is allowed starting in July of election year.
Eighth, eligibility will be confirmed with documentation for each candidate by the end of January of election year.
Ninth, campaign will provide a confirmed list of campaign promises NLT October 1st, with final update NLT November 1st, so the candidate can be held accountable.
This is the basic concept, please add your suggestions, comments or criticism.
I was registered Independent throughout my 22 years in the military. I then changed to R. Now, seriously considering changing back to I because the Rs have become no different than the Ds with Progressivism in both parties.
As the OP states our elected officials are in a perpetual state of campaigning. If they are not raising funds they are scrambling for the photo ops. If we had term limits this would not be the case. We would not so called representatives who are practiced veterans at manipulating the system. Just look at how many of these people in congress are millionaires or married to one and tell me there is no corruption in Washington. I honestly believe term limits would be a step in the right direction. If these people were not given the time to work the system then the jobs would not be valued mainly on the potential to enrich the politician.
What? Your statement makes no sense!?
OUTSTANDING!
You omitted that Obama and the new Democrats are now overt Marxists no longer quietly toiling away in the back rooms of government. All these years they have been patiently undermining our government, values, bringing on decline with extreme environmental strangleholds on entrepreneurs and progress, forcing industry out of the country while waiting for an election of one of their own. Question is America, what are you going to do about it? Elect them again on the HOPE they stop.
Right on the money (pardon the unintentional pun). I also find it sad that while Democratic and Republican citizens continue to blame and fight each other, the corporate and financial elite laugh all the way to the bank with ours and our children’s money, not to mention their very future. What must be realized (and better be soon) is that the corporate and financial lobbyists threw huge amounts of money at the republicans (for the most part) while they were in power……….and now they are throwing huge amounts of money at the democrats (for the most part) while they are in power. We think that by getting rid of the ‘bad’ politicians we will win. Throw out one politician, they buy two more. Throw out five, they buy ten. We will continue to unknowingly weaken our own efforts………until we all dismiss the ‘perceived’ enemy and recognize the real enemy. If you are only blaming and fighting Democrats or Republicans…..you may want to rethink that strategy. Throw out the politician on the take, but keep going and expose the root of our problems, then correct the system. Joseph Pijanowski http://www.iam126.org
"If we had term limits this would not be the case. " You are correct. They could then devote 100% of their time to destroying our way of life. I'm not saying term limits are a bad idea, I'm just saying that term limits by themselves are not the answer. We need to erase the very idea of progressive socialism from our society and end corruption. If we did that, we wouldn't even need term limits.
Unfortunately, it is beyond the ability of Man to end corruption. The best we can hope for is to have enough men of honor surrounding the corrupt ones to put a damper on their nefarious activities. The question is: Can we find enough of these good men who are both qualified and willing to do the job?
[...] Read more at Big Government. [...]
Beat me to it, that's where I was going as well.
http://www.youtube.com/watch?v=JVsr-_-v2sI
Replacing congress is the only way to save our republic. The ones in there now are not even in touch with reality.
I have to disagree that the problems with this administration don't stem from it's being 'too liberal or too conservative.'
Of course this administration is too liberal. Why it's far, far worse than liberal–it's pathology personified, not only as reflected by Obama's appointees, but as illustrated by Obama, himself, a frightening narcissist who hasn't even the sense to acknowledge his own errors–or attend thoughtfully to those he claims to govern.
Indeed, we have to change Congress–in addition to changing ourselves because in truth, this administration reflects US, if not our good or our bad, then our indifference and apathy to what is good or bad.
In the end, this isn't about him but us–WE, THE PEOPLE.
I understand your point. As it is even when we get new people in those offices they too will likely be corrupted. How then can we tackle the the corruption directly without throwing the baby out with the bath water?
Lessig failes to name Podesta and Emanuel as leftists line up to blame 'anyone but Obama'.
'tiny imagination' refers to the Chicago provonicials Axelrod, Obama, Jarrett, Emanuel and MITCH.
Obama has over 40 lobbyists in his organization, all were given waivers. By whom?
Tiger Woods=Obama – false history and fake marketing campaign to sell soap to the unwashed.
Lessig drank the Kool Aid. by the way Obama was not a professor at UC but an instructor.
BIG DIFFERENCE!
[...] They are returning to their <b>revolutionary roots</b> in order to refresh their preferred <b>evolutionary process</b> towards the de-construction, destruction and elimination of all those pesky freedoms laid bare by Jefferson, Madison, Adams et al. What they seek is total excavation of the premises underpinning the document that has been the single most powerful disinfectant against tyranny ever revealed in the history of man. You just cannot get to (the) One(’s) World Government Nirvana any other way, they know it. They will do it any way they can, subtly, slowly, evolutionary, revolutionary, seemingly legitimately, if they can. Their goal, in and of itself makes their passion and mission illegitimate in all respects. They will take the one amendment, and any of the others that fosters their vision, that may magically appear from a Constitutional Convention, although I cannot believe they really believe it other than a fools errand for themselves at this time. That has never stopped them before, but it seems as rather tilting at windmills or desperate distraction otherwise. In one last clue to his bias in the matter, he states the amendments are needed to “insure that reform survives the Roberts Court”. [...]
That's right, stargirl. BIG, BIG difference between instructor and professor–in all honesty, I wonder if he's a college graduate because he certainly doesn't sound like one.
[...] They are returning to their <b>revolutionary roots</b> in order to refresh their preferred <b>evolutionary process</b> towards the de-construction, destruction and elimination of all those pesky freedoms laid bare by Jefferson, Madison, Adams et al. What they seek is total excavation of the premises underpinning the document that has been the single most powerful disinfectant against tyranny ever revealed in the history of man. You just cannot get to (the) One(’s) World Government Nirvana any other way, they know it. They will do it any way they can, subtly, slowly, evolutionary, revolutionary, seemingly legitimately, if they can. Their goal, in and of itself makes their passion and mission illegitimate in all respects. They will take the one amendment, and any of the others that fosters their vision, that may magically appear from a Constitutional Convention, although I cannot believe they really believe it other than a fools errand for themselves at this time. That has never stopped them before, but it seems as rather tilting at windmills or desperate distraction otherwise. In one last clue to his bias in the matter, he states the amendments are needed to “insure that reform survives the Roberts Court”. [...]
You call them NEOCONS, I prefer to call them what they really are, PROGRESSIVES, whether they have a R or D behind the name. The term progressive has been used throughout history, almost exclusively, by Marxists and the sundry variations, communism, socialism, et.al.
As for the Patriot Act wiping out half the Bill of Rights, I would disagree with your assumption, although that is an argument for another time.
Wise words.
But the solution proposed by the statist is…
More government.
I'm still a fan of firing them all. That way, we know what we are electing instead of waiting for career politicians to change their stripes in order to save their seat. Oops, I mean the voters' seats. http://tinyurl.com/yjrrxp6
Tthe author claims special interests will always pay Congress whatever it takes to get what they want; and then decries the Citizens United decision as opening the door to yet more special interest influence. Well, how much more influence can special interests have? If they can buy Congress directly, why throw away money on political advertising?
Politicians don't like Citizens United because it gives special interests an alternative to paying off politiicians – taking their case to the people; and it gives those who can't/don't win the bidding war for Congress a chance to be heard anyway. Liberals don't like Citizens United because it levels the playing field instead of giving only unions the right to be heard.
Obama is disingenuously presented as a reformer. He and his minions are no more reformist than Hitler, Stalin, or Mao. They don't seek to reform the political process, but to twist it to serve their purpose while stifling dissent. Obama and his crew were bred in the thuggish corruption of this country's most criminal political system (yes, I'm from Chicago) – a system, Mr. Lessig, which thrives in no small part because of its collaboration with a compliant liberal media.
I'd rather see our constitutional republic back. Democracy is two wolves and a lamb voting on what's for dinner.
Great article. There are a couple of points though.
A change of congress is needed, but it goes much further than that. Progressives have infiltrated every nitch and cranny of local and state governments. They are embedded in the education departments of every county and state in the nation directing the brainwashing of our kids.
The teachers union is directing most boards of education and classroom curriculums. The teachers union’s job is to look out for teachers’ salaries and benefits not classroom curriculum.
Many states, like North Carolina, have provisions that insist on taking into account teachers’ effectiveness when assessing teacher performance. A provision the teachers union hates and has made a concerted effort to abolish. That provision is under consideration for elimination this month in North Carolina. Check your state education calendar to see when, not if, it will – if it has not already been considered for change.
If Constitutional government is going to return to the United States, congress must change but state legislators, city halls, county administrations, and most importantly, all levels of education departments across the nation must change as well.
I dont get why they don't open up public hospitals started in the renaissance, the renaissance is synonymous with both wealth and public health witnessed in history books. A renaissance is synonymous also with children's public works witnessed by Giotto and his team of apprentices, Charlamagne also drew a end to the dark ages by instituting the beautifying of the Flemish kingdom, and change coincided. Roosevelt used the art public works to charge the US economy and created the Golden age of the US. Italy instigated the arts and design after the 2nd world war creating wealth in Italy famous today for design and manufacturing. The list goes on and on, maybe the president should forget about doing anything and concentrate on visual art to instigate a thoughtful, poetic, and democratic society to open up minds for the political change. In ancient greek kingdoms the artist was the 1st adviser to the kings at that time. Maybe our president should better spend his time on that to invigorate minds, culture and inteligence. And without help from special interests otherwise chelsea art dealers and museuum directors will take over and the art world will continue to be bland and unbecoming of potential.
It's called the progressive (Marxist) movement, which certainly does not exclude all Republicans!
I am amazed at some of you commentors! Lawrence Lessig does not want democracy back, or have any idea what a Republic really is. He is a typical Progressive trying to make the case for transforming our beloved Constitution into something its framers would abhor. His logic is, in many ways, excellent, but it just doesn't go far enough. Campaign Cash is not the problem – too much government is. If the Federal Government did not have so much control over the smallest details of every American's life, there wouldn't be so much money in the election system. Corporations and Unions pour cash into candidates because they know that those candidates can influence the laws and regulations that effect them. If this were less true, why would anyone give the candidates the cash in the first place? We don't need to "fundamentally change" Congress, we just need to decimate the power it and the regulatory agencies hold. Do that, and everything changes.
Think about this: a far left liberal writes a column on BigGov which is applauded by us tattooed, racist, tea baggers…and also by the “commies” reading The Nation. Maybe the left and right can finally agree on something: corruption of our legislative branch is the most fundamental problem facing our country.
"Citizen-funded elections could come in a number of forms. The most likely is the current bill sponsored in the House by Democrat John Larson and Republican Walter Jones, in the Senate by Democrats Dick Durbin and Arlen Specter."
So… The current, corrupt politicians in congress are proposing a bill to change congress and congress is going to go along with this? Though Mr Lessig doesn't say as much, methinks his real solution would be something like an executive branch takeover of congress. A kind of cutting of the Gordian Knot by the President. Tyrants have always appealed to the left because they GET. THINGS. DONE! I don't know all of the details of the proposed bill but I'd bet my bottom dollar that there is a exemption in there somewhere. Many would if they hold true to form.
The real solution should be obvious to anyone with a brain: If you want to get business out of government get government out of business. Big government is the natural ally of big business: A little lucre, a little grease and they'll stop the innovation every time. Why do you really think we don't have cities on the moon yet? Freedom is the natural enemy of big business: Nothing will force a company to change than the threat of loosing market shares to the guy building a better mouse trap. Roosevelt should never have started with trust busting, it was a Trojan horse that couldn't have been better designed to get government involved in our lives.
Not quite. It should be "how to get our lawful REPUBLIC back. Our Constitution outlaws a "democracy", a self – destruct system that our Founders described as "the most vile political system ever devised by man".
A "democracy" is pure majority rule. What has destroyed every past democracy is that after 40 – 50 yrs., the 51% voting "majority" discovered that they could "vote" themselves access to the 49% minority's wealth and assets.
As more and more people got on the majority parasite's band wagon, inversely, the producing minority's numbers are decreased proportionately.
Eventually, the producing minority became so small that it could not satisfy the insatiable demands of the majority mparasite, and the whole top heavy monstrosity collapsed.
That is where we are today.
We heard yesterday about all the non-essential government workers in DC who had to stay home due to the weather. I suggest we start with that bunch and reduce the size of government by that much on day one.
[...] Email this to a friend | Print | Share on Facebook | Tweet this | // Posted by Editor at 12:03 PM Tagged with: Barack Obama, Ben Nelson, Bill Clinton, bush v gore, Cap and Trade, Citizens United, Congress, congressional approval, congressional reform, Culture, DC lobbyists, Evan Bayh, Featured Story, fixcongessfirst, fundraising congress, Gerald Cassidy, global warming legislation, government health care reform, healthcare, Hillary Clinton, History, influence peddling, Joe Lieberman, John Campbell, John Stennis, Justice/Legal, Max Baucus, Melissa Bean, Moveon.org, Nation magazine, Obama, Obamacare, politics, special interest influence, special interests, Supreme Court, Tea Party, Tiger Woods, Walter Minnick [...]
They certainly are crises though – I'm a little confused by your point. I agree they shouldn't be the first ones he lists or the biggest, but the national security risk from climate change is serious – the military is very concerned about it. You think Africa or the Middle East are a risk now, wait until droughts and serious weather start to happen. It will be a real mess.
Not the biggest crises certainly, but they are crises.
So if he's a marxist, why is a magazine like the left-wing Nation printing cover articles like this saying that he's a failure? Your point is idiotic – the entire left is up in arms because Obama isn't following through even on what he'd promised. He's a centrist, a corporatist and a hack. The idea that he's a Marxist is completely preposterous. Lets at least have an intelligent debate here.
[...] more here: » How to Get Our Democracy Back: If You Want Change, You Have to … tags: am-40-50, british-crown, good-idea, likely-supported, lot-lately, make-it-100, [...]
Incorporate term limits now (and what politician will vote for that?) – then fire -all the current incumbents over the next six years.
[...] How to Get Our Democracy Back: If You Want Change, You Have to Change Congress – Big Governmen… :: Great article by Larry Lessig [...]
[...] [...]
hat someone could gain access to the DNA sample from her daughter Isabel with Isabel's name attached.
STORY HIGHLIGHTS
Genetic testing for newborns started in the 1960s
Specimens are often given to outside researchers
Scientists have said the collection of DNA samples is a "gold mine" for doing research
RELATED TOPICS
Children's Health
Genetic Testing
Genetics
Parenting
(CNN) — When Annie Brown's daughter, Isabel, was a month old, her pediatrician asked Brown and her husband to sit down because he had some bad news to tell them: Isabel carried a gene that put her at risk for cystic fibrosis.
While grateful to have the information — Isabel received further testing and she doesn't have the disease — the Mankato, Minnesota, couple wondered how the doctor knew about Isabel's genes in the first place. After all, they'd never consented to genetic testing.
It's simple, the pediatrician answered: Newborn babies in the United States are routinely screened for a panel of genetic diseases. Since the testing is mandated by the government, it's often done without the parents' consent, according to Brad Therrell, director of the National Newborn Screening & Genetics Resource Center.
In many states, such as Florida, where Isabel was born, babies' DNA is stored indefinitely, according to the resource center.
Many parents don't realize their baby's DNA is being stored in a government lab, but sometimes when they find out, as the Browns did, they take action. Parents in Texas, and Minnesota have filed lawsuits, and these parents' concerns are sparking a new debate about whether it's appropriate for a baby's genetic blueprint to be in the government's possession.
"We were appalled when we found out," says Brown, who's a registered nurse. "Why do they need to store my baby's DNA indefinitely? Something on there could affect her ability to get a job later on, or get health insurance."
According to the state of Minnesota's Web site, samples are kept so that tests can be repeated, if necessary, and in case the DNA is ever need to help parents identify a missing or deceased child. The samples are also used for medical research.
Video: Government has your baby's DNA
Art Caplan, a bioethicist at the University of Pennsylvania, says he understands why states don't first ask permission to screen babies for genetic diseases. "It's paternalistic, but the state has an overriding interest in protecting these babies," he says.
However, he added that storage of DNA for long periods of time is a different matter.
"I don't see any reason to do that kind of storage," Caplan says. "If it's anonymous, then I don't care. I don't have an issue with that. But if you keep names attached to those samples, that makes me nervous."
DNA given to outside researchers
Genetic testing for newborns started in the 1960s with testing for diseases and conditions that, if undetected, could kill a child or cause severe problems, such as mental retardation. Since then, the screening has helped save countless newborns.
Over the years, many other tests were added to the list. Now, states mandate that newborns be tested for anywhere between 28 and 54 different conditions, and the DNA samples are stored in state labs for anywhere from three months to indefinitely, depending on the state. (To find out how long your baby's DNA is stored, see this state-by-state list.)
Brad Therrell, who runs the federally funded genetic resource consortium, says parents don't need to worry about the privacy of their babies' DNA.
"The states have in place very rigid controls on those specimens," Therrell says. "If my children's DNA were in one of these state labs, I wouldn't be worried a bit."
The specimens don't always stay in the state labs. They're often given to outside researchers — sometimes with the baby's name attached.
According to a study done by the state of Minnesota, more than 20 scientific papers have been published in the United States since 2000 using newborn blood samples.
The researchers do not have to have parental consent to obtain samples as long as the baby's name is not attached, according to Amy Gaviglio, one of the authors of the Minnesota report. However, she says it's her understanding that if a researcher wants a sample with a baby's name attached, consent first must be obtained from the parents.
More Empowered Patient news and advice
Scientists have heralded this enormous collection of DNA samples as a "gold mine" for doing research, according to Gaviglio.
"This sample population would be virtually impossible to get otherwise," says Gaviglio, a genetic counselor for the Minnesota Department of Health. "Researchers go through a very stringent process to obtain the samples. States certainly don't provide samples to just anyone."
Brown says that even with these assurances, she still worries whether someone could gain access to her baby's DNA sample with Isabel's name attached.
"I know the government says my baby's data will be kept private, but I'm not so sure. I feel like my trust has been taken," she says.
More Empowered Patient news and advice
Scientists have heralded this enormous collection of DNA samples as a "gold mine" for doing research, according to Gaviglio.
"This sample population would be virtually impossible to get otherwise," says Gaviglio, a genetic counselor for the Minnesota Department of Health. "Researchers go through a very stringent process to obtain the samples. States certainly don't provide samples to just anyone."
Brown says that even with these assurances, she still worries whether someone could gain access to her baby's DNA sample with Isabel's name attached.
"I know the government says my baby's data will be kept private, but I'm not so sure. I feel like my trust has been taken," she says.
Parents don't give consent to screening
Brown says she first lost trust when she learned that Isabel had received genetic testing in the first place without consent from her or her husband.
"I don't have a problem with the testing, but I wish they'd asked us first," she says.
Since health insurance paid for Isabel's genetic screening, her positive test for a cystic fibrosis gene is now on the record with her insurance company, and the Browns are concerned this could hurt her in the future.
"It's really a black mark against her, and there's nothing we can do to get it off there," Brown says. "And let's say in the future they can test for a gene for schizophrenia or manic-depression and your baby tests positive — that would be on there, too."
Brown says if the hospital had first asked her permission to test Isabel, now 10 months old, she might have chosen to pay for it out of pocket so the results wouldn't be known to the insurance company.
Caplan says taking DNA samples without asking permission and then storing them "veers from the norm."
"In the military, for instance, they take and store DNA samples, but they tell you they're doing it, and you can choose not to join if you don't like it," he says.
What can parents do
In some states, including Minnesota and Texas, the states are required to destroy a baby's DNA sample if a parent requests it. Parents who want their baby's DNA destroyed are asked to fill out this form in Minnesota and this form in Texas.
Parents in other states have less recourse, says Therrell, who runs the genetic testing group. "You'd probably have to write a letter to the state saying, 'Please destroy my sample,'" he says.
He adds, however, that it's not clear whether a state would necessarily obey your wishes. "I suspect it would be very difficult to get those states to destroy your baby's sample," he says.
Thank you. 100% correct.
I haven't read the whole story yet, but I want to share that our government is not a democracy, it's a republic. Democracy eventually becomes an Oligarchy. because Democracy is majority rule, but when majority can be persuaded, then it no longer becomes fair. Causing, over time, a few people to be in ultimate power (Oligarchy). Republic is the Rule of Law, so no matter the majority, the law supercedes it. That was the intent of our fore-fathers.
"Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide."
John Adams
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!"
Benjamin Franklin
Democracy means simply the bludgeoning of the people by the people for the people.
Oscar Wilde
Democracy is a process by which the people are free to choose the man who will get the blame.
Laurence J. Peter
"How then can we tackle the the corruption directly without throwing the baby out with the bath water?"
ENFORCE the anti-corruption laws currently enacted and for God's and America's sake, put those who disobey the laws IN JAIL, and take away their pensions, and all benefits. They must be made examples of. To do less encourages more corruption.
It's disgusting…. The song is sung to the tune of "Jesus loves the little children"… This is why I home school. My and your tax dollars at work, my friend!
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[...] to suggest Washington has found its way into such a form. Lawrence Lessig recently published an article in the Nation, making the argument that no matter who you elect, republican or democrat, you are going to get the [...]
Power tends to corrupt, and absolute power corrupts absolutely." Lord Acton …
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