Blayne Sucks

Larry Lessig spoke at Google about his Change Congress movement on February 19th of this year. Although I respect Larry Lessig deeply for the incredible way that he articulates his concerns, I can’t agree with his approach to improving trust in the government and fighting corruption in Congress. Essentially, he believes that money engenders mistrust, even when it doesn’t actually affect policy decisions. He thinks we need to radically change the way funding for elections works in the government by making elections publicly funded. The goal of this is to reduce corruption in Congress by allowing the public to trust their politicians, or at least to eliminate a major barrier to trusting politicians. If you are interested, I have embedded the video below:

My primary problem with his view is best visible around the 49.5 minute mark, which is during the Q&A session after the presentation. The questioner asks about other forms of money influencing policy. Lessig’s response is essentially to say that other forms of money are acceptable so long as the direct tit-for-tat is eliminated. He claims that the change he desires isn’t as impossible as we might think. He is alright with money being spent to advocate for a political position so long as the money is not being used to bribe a particular politician. Essentially, he wants to remove any possibility that a politician will be paid for a political position.

This is an extraordinarily fine distinction to make simply because there are so many different forms of “payment.” He talks about politicians choosing a political position because a lobbiest would fund a swimming pool for them if they did. This is a relatively black and white case that almost everyone can agree is bad. However, what about a policy conference in Hawaii? Does the answer change if the conference is held in Lincoln, Nebraska? Certainly it should be legal for an organization to cover travel expenses to enable face-to-face discussions with legislators, but where do you draw the line? When does an important policy conference turn into a junket?

The problem is not just about trying to split hairs over what constitutes a direct payment to a candidate. There are so many other ways that money affects an election. Special interest groups can buy issue ads, which are effectively unregulated since all they have to do is pass the pathetic magic words test. Celebrities have a megaphone through which they can speak. How much money would it cost a random soccer mom from Iowa to match the impact of Oprah’s endorsement? Powerful CEOs, Union leaders, academics, and other non-politicians can sway an election by speaking, organizing rallies, putting together publicity events, and generally campaigning for their chosen politician. At what point does this “speech” count as “money?”

The money quote (pardon the pun) of his entire presentation is part of his answer to that same question (transcribed from his speech):

Until you focus on how this economy has changed in the last 12 years and realize that all we’re talking about is just getting us back to 40 years ago, like the balance of 40 years ago, then I think it’s not such an extraordinary, radical change.

Lawrence Lessig

Richard Nixon, 37th President of the United States

Ahh, the balance of 40 years ago, when Richard Nixon had just been sworn into office. Truly, such is the picture of trust in the government. Perhaps I’m just taking advantage of a verbal miscue (though if you’ll listen to his talk, I don’t think I’m taking this out of context), but more broadly, has there ever been a time when any government was not, quite simply, just generally corrupt? These are human institutions with built-in human flaws.

Let me be clear, I agree with Lessig when he says that we can’t trust our politicians. I might even be convinced to support some form of public funding for elections. I simply disagree that public funding of elections will affect corruption in government in any revolutionary fashion. There are just too many ways that “money” can influence an election. I’ll paraphrase something I first heard years ago on an episode of The West Wing: “Money in politics is like water on cement; it finds every crack and crevice.”

I’m not saying anything new here. Perhaps Tim Lee said it best:

Lessig seems to think there once was, or someday can be, a pristine political process untainted by “money in politics.” But that represents a fundamental misunderstanding of what the political process is and how it works.

Timothy Lee

Government, not money, is the problem. The whole point of politics is to apply one rule to a group of people who disagree about what to do. Of course the process is going to be corrupt; that’s the only possible outcome. The political elite always get better outcomes than the average citizen. So what is a better solution? If you can’t eliminate corruption in government, then you should limit government as much as possible. Limited government is the best, the only, way to reduce corruption in government.