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WITH A NEW FOREWORD ABOUT THE 2020 ELECTION “This urgent book offers not only a clear-eyed explanation of the forces that broke our politics, but a thoughtful and, yes, patriotic vision of how we create a government that’s truly by and for the people.”—DAVID DALEY, bestselling author of Ratf**ked and Unrigged In the vein of On Tyranny and How Democracies Die, the bestselling author of Republic, Lost argues with insight and urgency that our democracy no longer represents us and shows that reform is both necessary and possible. America’s democracy is in crisis. Along many dimensions, a single flaw—unrepresentativeness—has detached our government from the people. And as a people, our fractured partisanship and ignorance on critical issues drive our leaders to stake out ever more extreme positions. In They Don’t Represent Us, Harvard law professor Lawrence Lessig charts the way in which the fundamental institutions of our democracy, including our media, respond to narrow interests rather than to the needs and wishes of the nation’s citizenry. But the blame does not only lie with “them”—Washington’s politicians and power brokers, Lessig argues. The problem is also “us.” “We the people” are increasingly uninformed about the issues, while ubiquitous political polling exacerbates the problem, reflecting and normalizing our ignorance and feeding it back into the system as representative of our will. What we need, Lessig contends, is a series of reforms, from governmental institutions to the public itself, including: A move immediately to public campaign funding, leading to more representative candidates A reformed Electoral College, that gives the President a reason to represent America as a whole A federal standard to end partisan gerrymandering in the states A radically reformed Senate A federal penalty on states that don’t secure to their people an equal freedom to vote Institutions that empower the people to speak in an informed and deliberative way A soul-searching and incisive examination of our failing political culture, this nonpartisan call to arms speaks to every citizen, offering a far-reaching platform for reform that could save our democracy and make it work for all of us.
An analysis of “the Trump era, but not about Trump. . . . but on how incentives across a range of institutions have created corruption” (New York Times Book Review). “There is not a single American awake to the world who is comfortable with the way things are.” So begins Lawrence Lessig's sweeping indictment of modern-day American institutions and the corruption that besets them—from the selling of Congress to special interests to the corporate capture of the academy. And it’s our fault. What Lessig brilliantly shows is that we can’t blame the problems of contemporary American life on bad people, as our discourse all too often tends to do. Rather, he explains, “We have allowed core institutions of America’s economic, social, and political life to become corrupted. Not by evil souls, but by good souls. Not through crime, but through compromise.” Through case studies of Congress, finance, the academy, the media, and the law, Lessig shows how institutions are drawn away from higher purposes and toward money, power, quick rewards—the first steps to corruption. Lessig knows that a charge so broad should not be levied lightly, and that our instinct will be to resist it. So he brings copious detail gleaned from years of research, building a case that is all but incontrovertible: America is on the wrong path. If we don’t acknowledge our own part in that, and act now to change it, we will hand our children a less perfect union than we were given. It will be a long struggle. This book represents the first steps. “A devastating argument that America is racing for the cliff's edge of structural, possibly irreversible tyranny.” —Cory Doctorow
A leading progressive intellectual offers an "illuminating" agenda for how real democracy can triumph in America and beyond (Ari Berman, New York Times). Since the New Deal in the 1930s, there have been two eras in our political history: the liberal era, stretching up to the 1970s, followed by the neoliberal era of privatization and austerity ever since. In each period, the dominant ideology was so strong that it united even partisan opponents. But the neoliberal era is collapsing, and the central question of our time is what comes next. As acclaimed legal scholar and policy expert Ganesh Sitaraman argues, two political visions now contend for the future. One is nationalist oligarchy, which rigs the system for the rich and powerful while using nationalism to mobilize support. The other is the great democracy, which fights corruption and extends both political and economic power to all people. At this decisive moment in history, The Great Democracy offers a bold, transformative agenda for achieving real democracy.
A New Statesman Book of the Year “America’s greatest historian of democracy now offers an extraordinary history of the most bizarre aspect of our representative democracy—the electoral college...A brilliant contribution to a critical current debate.” —Lawrence Lessig, author of They Don’t Represent Us Every four years, millions of Americans wonder why they choose their presidents through an arcane institution that permits the loser of the popular vote to become president and narrows campaigns to swing states. Congress has tried on many occasions to alter or scuttle the Electoral College, and in this master class in American political history, a renowned Harvard professor explains its confounding persistence. After tracing the tangled origins of the Electoral College back to the Constitutional Convention, Alexander Keyssar outlines the constant stream of efforts since then to abolish or reform it. Why have they all failed? The complexity of the design and partisan one-upmanship have a lot to do with it, as do the difficulty of passing constitutional amendments and the South’s long history of restrictive voting laws. By revealing the reasons for past failures and showing how close we’ve come to abolishing the Electoral College, Keyssar offers encouragement to those hoping for change. “Conclusively demonstrates the absurdity of preserving an institution that has been so contentious throughout U.S. history and has not infrequently produced results that defied the popular will.” —Michael Kazin, The Nation “Rigorous and highly readable...shows how the electoral college has endured despite being reviled by statesmen from James Madison, Thomas Jefferson, and Andrew Jackson to Edward Kennedy, Bob Dole, and Gerald Ford.” —Lawrence Douglas, Times Literary Supplement
Harvard Law School professor Lawrence Lessig investigates the most vexing problem in American democracy: how money corrupts our nation's politics, and the critical campaign to stop it. In an era when special interests funnel huge amounts of money into our government-driven by shifts in campaign-finance rules and brought to new levels by the Supreme Court in Citizens United v. Federal Election Commission-trust in our government has reached an all-time low. More than ever before, Americans believe that money buys results in Congress, and that business interests wield control over our legislature. With heartfelt urgency and a keen desire for righting wrongs, Harvard law professor Lawrence Lessig takes a clear-eyed look at how we arrived at this crisis: how fundamentally good people, with good intentions, have allowed our democracy to be co-opted by outside interests, and how this exploitation has become entrenched in the system. Rejecting simple labels and reductive logic-and instead using examples that resonate as powerfully on the Right as on the Left-Lessig seeks out the root causes of our situation. He plumbs the issues of campaign financing and corporate lobbying, revealing the human faces and follies that have allowed corruption to take such a foothold in our system. He puts theissues in terms that nonwonks can understand, using real-world analogies and real human stories. And ultimately he calls for widespread mobilization and a new Constitutional Convention, presenting achievable solutions for regaining control of our corrupted-but redeemable-representational system. In this way, Lessig plots a roadmap for returning our republic to its intended greatness. While America may be divided, Lessig vividly champions the idea that we can succeed if we accept that corruption is our common enemy and that we must find a way to fight against it. In Republic Lost, he not only makes this need palpable and clear-he gives us the practical and intellectual tools to do something about it.
Here is one of the first books to assert that mass protest movements in disparate places such as Greece, Argentina, and the United States share an agenda-to raise the question of what democracy should mean. These horizontalist movements, including Occupy, exercise and claim participatory democracy as the ground of revolutionary social change today. Written by two international activist intellectuals and based on extensive interviews with movement participants in Spain, Venezuela, Japan, across the United States, and elsewhere, this book is both one of the most expansive portraits of the assemblies, direct democracy forums, and organizational forms championed by the new movements, and an analytical history of direct and participatory democracy from ancient Athens to Athens today. The new movements put forward the idea that liberal democracy is not democratic, nor was it ever.
Jennifer M. Silva tellas a deep, multi-generational story of pain and politics that will endure long after the Trump administration. Drawing on over 100 interviews with black, white, and Latino working-class residents of a declining coal town in Pennsylvania, Silva reveals how the erosion of the American Dream is lived and felt.
In this provocative and engagingly written book, the authors argue that politicians seldom tailor their policy decisions to "pander" to public opinion. In fact, they say that when not facing election, contemporary presidents and members of Congress routinely ignore the public's preferences and follow their own political philosophies. 37 graphs.
The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Leading political innovation activist Katherine Gehl and world-renowned business strategist Michael Porter bring fresh perspective, deep scholarship, and a real and actionable solution, Final Five Voting, to the grand challenge of our broken political and democratic system. Final Five Voting has already been adopted in Alaska and is being advanced in states across the country. The truth is, the American political system is working exactly how it is designed to work, and it isn't designed or optimized today to work for us—for ordinary citizens. Most people believe that our political system is a public institution with high-minded principles and impartial rules derived from the Constitution. In reality, it has become a private industry dominated by a textbook duopoly—the Democrats and the Republicans—and plagued and perverted by unhealthy competition between the players. Tragically, it has therefore become incapable of delivering solutions to America's key economic and social challenges. In fact, there's virtually no connection between our political leaders solving problems and getting reelected. In The Politics Industry, business leader and path-breaking political innovator Katherine Gehl and world-renowned business strategist Michael Porter take a radical new approach. They ingeniously apply the tools of business analysis—and Porter's distinctive Five Forces framework—to show how the political system functions just as every other competitive industry does, and how the duopoly has led to the devastating outcomes we see today. Using this competition lens, Gehl and Porter identify the most powerful lever for change—a strategy comprised of a clear set of choices in two key areas: how our elections work and how we make our laws. Their bracing assessment and practical recommendations cut through the endless debate about various proposed fixes, such as term limits and campaign finance reform. The result: true political innovation. The Politics Industry is an original and completely nonpartisan guide that will open your eyes to the true dynamics and profound challenges of the American political system and provide real solutions for reshaping the system for the benefit of all. THE INSTITUTE FOR POLITICAL INNOVATION The authors will donate all royalties from the sale of this book to the Institute for Political Innovation.