Slashdot Mirror


Lawrence Lessig Wants To Run For President So He Can Resign

An anonymous reader writes: Harvard law professor Lawrence Lessig has announced his intention to explore a bid for the U.S. presidency. By Labor Day, he will decide whether he has the support necessary to enter the Democratic primary. His goals are rather unusual — he says, "I want to run to be a different kind of president. 'Different' not in the traditional political puffery sense of that term. 'Different,' quite literally. I want to run to build a mandate for the fundamental change that our democracy desperately needs. Once that is passed, I would resign, and the elected Vice President would become President."

His top picks for a running mate include Elizabeth Warren and Bernie Sanders. Lessig calls it a "Presidency as referendum," a hack for the U.S. Constitution to give more power back to the citizens. "In no plausible sense do we have a representative democracy in America today." In an interview with the Washington Post, Lessig added, "Until we find a way to fix the rigged system, none of the other things that people talk about doing are going to be possible."

31 of 458 comments (clear)

  1. Showed too much of his hand by sh00z · · Score: 5, Insightful

    So, he's announcing a priori that he'll be a lame duck. Chances of Congress cooperating with him: 0.01%

    1. Re:Showed too much of his hand by Austerity+Empowers · · Score: 3, Insightful

      Except that the most powerful man in the world doesn't usually resign, even in a democracy.

    2. Re:Showed too much of his hand by bondsbw · · Score: 3, Interesting

      I've had the same idea before, and that doesn't have to be an issue.

      My campaign would be simple: "Here are the things that Congress must pass. Until they pass every one of these, no strings attached, I will veto EVERY SINGLE BILL that comes across my desk. That includes budgets and any bill that continues the functioning of our government. By electing me, you are approving of this action and Congress will know precisely what the majority requires of them."

      One change: my running mate would not be a traditional candidate, but would be like-minded. One of the bills that must pass would require another election to be held to determine who becomes President and Vice-President immediately after the bill is passed. I don't want the candidacy of my running mate to become an issue.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    3. Re:Showed too much of his hand by Obfuscant · · Score: 3, Informative

      By electing me, you are approving of this action and Congress will know precisely what the majority requires of them.

      I was going to say that the correct term is "plurality", but that's not even accurate. It's closer than "majority", however. The actual majority to which you refer is the electors, not the voters, and if you are truly such a nutter you'll find them voting for someone else.

      If you DO manage to get enough electors to win, then you should realize that every congressman will have his constituents to think about, and they're collectively going to overrule your vetoes. They'll have veterans who want VA benefits, government employees who want paychecks, Universities and independent research organizations that want grant monies to pay their people, etc etc etc. You won't have partisanship to fall back on because you've abandoned all party affiliations in this quest, and both parties will have no hesitation to abandon you.

      One of the bills that must pass would require another election to be held to determine who becomes President and Vice-President immediately after the bill is passed.

      And as soon as the Speaker of the House is sworn in, he can call for that bill to be rescinded (or pass a new one just like the old one). The Speaker is not appointed by the President, he is elected by his state first and then elected by the other house members, and you have as much chance of getting him to go along with your plan as you do of getting elected in the first place.

      If you believe you can call for such a bill to hold an election before you resign, then you should realize there is no provision in the Constitution for holding an election to replace a current, qualified President.

      I don't want the candidacy of my running mate to become an issue.

      Of course it will be an issue, because they will be a heartbeat away from the Presidency. You don't get to change the succession rules before you become President, and as soon as you do become "it" the current succession rules apply. Only if you demand the existing Succession Act be repealed or changed as part of your reign can you keep him out of the line of succession and thus not an issue -- but that can only happen after you are elected and he's been an issue.

    4. Re:Showed too much of his hand by IMightB · · Score: 3, Insightful

      Or pass a law saying that corps are not people, need to act somewhat responsibly and only have rights/privileges specifically granted to them.

    5. Re:Showed too much of his hand by bondsbw · · Score: 3, Informative

      they're collectively going to overrule your vetoes

      At least then, they will prove that they are unwilling to respect the direct decision of the people.

      he can call for that bill to be rescinded (or pass a new one just like the old one)

      If the new President calls to reverse a decision made directly by the people, it's instant political suicide.

      you should realize there is no provision in the Constitution for holding an election to replace a current, qualified President.

      Indeed there is. Article II, Section 1, Clause 6:

      In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    6. Re:Showed too much of his hand by Impy+the+Impiuos+Imp · · Score: 4, Insightful

      Or pass a law saying that corps are not people, need to act somewhat responsibly and only have rights/privileges specifically granted to them.

      God damn it, this meme just won't die!

      The Supreme Court opinion exicity pointed out this "corporate right" to free speech was not due to corporation-as-person, but derived from the right of people who are the corporation, who take their speech rights with them.

      In short, Congress cannot define a group of people, and require people to give up their right to speech when joining it, to take advantage of that group's provided features.

      As for money itself, 80% of political donation goes to advertising, and that is "the press" in the first amendment -- literally the modern version of a printing press, the means of mass-producing speech for distribution. Kings can and did restrict printing presses to backdoor censor. "The Press" isn't just a guy with a notepad, a more modern addition to the concept of "freedom of the press".

      Money buys mass production of speech. To restrict this is to violate this old notion that the king cannot restrict mass production of speech.

      And the court has also ruled that ensuring equality of quantity of political speech (loosely correlated with equal money) was also "wholely foreign to the First Amendment."

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    7. Re:Showed too much of his hand by dywolf · · Score: 3, Insightful

      then let them spend their own money to buy candidates, not the corporation's.

      they cannot both have the legal shield of the corporation separating them into distinct legal entities when it suits them, and ignore it when it doesn't.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
  2. Shifting election day by xxxJonBoyxxx · · Score: 5, Insightful

    >> shift election day to a national holiday

    I'd love to. How about April 15 when the feeling of just having paid our taxes is fresh?

  3. big words by fche · · Score: 4, Insightful

    "fundamental change that our democracy desperately needs"

    Hold onto your wallets and run for the hills.

    1. Re:big words by Anonymous Coward · · Score: 3, Insightful

      I am holding onto my wallet, I'm trying to keep the millionaires and billionaires out of it!

  4. the worst summary for the worst proposal. by nimbius · · Score: 4, Insightful

    I want to run to build a mandate for the fundamental change that our democracy desperately needs.

    so you want to propose a mission statement? because as it stands 100 senators and 435 house representatives are and have been for more than 2 generations the "hack" used by oligarchs and plutocrats to ensure you dont get to just randomly pull the rug out from under them. They control the media, they control the message, and they ultimately decide what policies and procedures are adopted and enforced.

    presidents dont make laws or set meaningful policy. they kiss babies, tour disaster areas, deliver platitudes, and offer a meaningful physical representation of a broad set of policies economic, social, and international that campaign donors can patronize and the average voter can gloss over until they have to juggle 2 jobs and a trip to the library to cast their vote for party A or party B before they pick up the kids and pay rent.

    --
    Good people go to bed earlier.
    1. Re:the worst summary for the worst proposal. by DarkOx · · Score: 4, Insightful

      That is the realy problem with the American system since FDR appeared on the scene and maybe even going back a little before that.

      Presidents do set policy lots of it. Congress has abdicated responsibility over and over again and handed executive agency broad rule making powers. You can't take those powers back once you give them up either because the President has his veto pen. We gave the president the power to commit military forces without a vote. Its hard to say nope you can't run your war after he has been doing it for two months. What would Congress refuse to allow a covered retreat? Can't happen not really. The budget is two big and the president has to great a discretionary authority all ready to make shutdowns or default threats effective. Obama as your will recall pretty much threatened to make the House of Representatives a moot body and just issue a trillion dollar coin on the Treasury Departments executive authority. Essentially we have allowed the President to be above the law.

      Lessig is right about the need to dismantle the two party system but that isn't the first step. In fact if you make that the fist step the consequences will likely be disastrous. It would dilute the 'will' of the Legislative branch even further. Only a near unified legislature can resist the presidency as it is. If we go multiparty now we almost certainly will end up with a President becoming a dictator we can never get rid of. Step one is a castrate the office of the President. We need to pass laws returning power to the Legislature, removing rule making authorities, removing standing authorizations, an "opposition" party that controls the legislature at odds with the sitting President is the only way that can happen.

      We need more polarization not less. We need to build up a level of hostility that will cause a legislature to grit their teeth and say "We are gonna break this President" consequences be damned. After that you can begin trying to weaken the mechanisms that let those people stay in power.

           

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    2. Re:the worst summary for the worst proposal. by thaylin · · Score: 3, Informative

      I guess it is good we dont have Reagan and his 47 per year, right? Obama has issued the least since Cleveland.

      --
      When you cant win, ad hominem.
  5. Re:Socialism by The+Real+Dr+John · · Score: 5, Insightful

    You are talking about communism, not democratic socialism like in parts of Europe. In fact, you can't have free market capitalism without restrictions on money in politics, and still have any kind of democracy.

    --
    A brain is a terrible thing to waste... Mind? That's debatable.
  6. Non biased? by argStyopa · · Score: 4, Insightful

    Yeah, sure: he only wants radical leftists as 'running mates'.

    Fuck you Larry for marginalizing what's otherwise a reasonably non partisan position on the 'brokenness' of government.

    Of course, the last time someone tried attacking the machine, the Left Wing, the Media, and the "bosses" of the Right decided that none of them wanted such a message to succeed, so they cheerfully and successfully painted the Tea Party as right wing, racist, radicals.

    --
    -Styopa
    1. Re:Non biased? by PraiseBob · · Score: 5, Insightful

      Yeah, sure: he only wants radical leftists as 'running mates'.

      they cheerfully and successfully painted the Tea Party as right wing, racist, radicals

      A fairly large certain percentage of left wingers and right wingers agree that the govt is broken. The centrist response is to keep the status quo. The left wing response is to blame money in politics as having undue influence, hurting democracy and turning it into an oligarchy, and the fix is to limit money, and impose higher taxes on the super wealthy to try to create a more balanced society. The right wing response is to blame government for being bad at governing, and the solution is to dismantle the government, in particular using the starve the beast methodology, to cripple the power the government has by limiting money, and reducing taxes.

      The tea party, so named after an anti-tax movement, has as its core ideology, the idea of lowering taxes and preventing government from functioning. That is a radical idea- that govt works best when it is completely broken and can't act at all. This naturally would create a power vacuum where corporations and oligarchs would gain power. I don't understand how the solution to a broken government is to break it more? It's an irrational platform, designed at its very core to shift power into the hands of unelected power brokers. Needless to say, that goes against Lessig's goals, and is why he chooses a left wing running mate.

    2. Re:Non biased? by PraiseBob · · Score: 3, Insightful

      Counterpoint- Lets say your goal to reduce funding to national security succeeds-

      Do you think the spying components will lose money first? Or will the oversight components be first on the chopping block? You want a weaker govt, that means less oversight, right?

      OR
      Since the govt can't afford to run the program, maybe it will be outsourced to a private company that can provide national security features, and as a bonus they can monetize the information they get by spying, to fund the program by selling directed advertising. Its a win-win for you: Now the govt doesn't have any information on you, and you don't have to pay extra taxes.

      Is that the future you want? I understand that point of view just fine, but you are not following it to the logical conclusions.

  7. Re:Professor? by JoshuaZ · · Score: 4, Insightful

    Please don't get hung up on arguing over definitions. It isn't productive. The point Lessig is making is that there's very little say that the general population has in what actually is happening. That statement, whether true or false, is independent of choice of labeling.

  8. Re:Professor? by danbob999 · · Score: 3, Informative

    One doesn't exclude the other.
    A republic simply means that there is no monarch reigning over the country. Adding "constitutional" before it simply means that the basic law is defined in a document, instead of being arbitrarily defined by the feelings of a human being on that day.
    You can have absolute monarchies, constitutional monarchies, constitutional republics and I guess even absolute republics (North Korea comes to my mind, as the leader is above the constitution, but is technically not a monarch either, at least on paper).

    A democracy simply means that the people have (at least some of the) power. Adding "representative" before it simply means that the people elect representatives, which then votes laws, instead of letting the people vote laws directly.

    Pretty much all democracies at the state level are representative, even tough some offer some elements of direct democracy (Switzerland).

    There are constitutional monarchies which are also representative democracies, like the UK.

  9. So much wrong with this by sideslash · · Score: 4, Insightful
    From Lessig's pitch:

    the greatness of America will be reflected in its government too. It once was. When we are finally equal citizens, it will again

    Bovine excreta. Lessig doesn't actually believe that. America's government used to be elected by white male landowners. And all the freedoms and founding principles that were important to the Founding Fathers --- er... "Parents" -- is stuff Lessig and Sanders totally hate and want to demolish. The whole continuum from European socialism to forms of communism is simply not compatible with the founding freedoms of America as articulated in our fundamental documents.

    My basic problem with Sanders was very well expressed by Margaret Thatcher: "The problem with socialism is that eventually you run out of other people's money." So let's radically change our government so we can start confiscating and spending other people's money even faster, because that will make everything better!

  10. Re:Lessig/Sanders, Sanders/Lessig by netsavior · · Score: 3, Insightful

    Millionaires and Suckers, which one are you? Check your wallet.

  11. Re:Professor? by DarkOx · · Score: 4, Insightful

    Please don't get hung up on arguing over definitions.

    WRONG - That is the kind of post modernist thinking that has gotten us into all this trouble in the first place. That is how you end up with "kinetic military actions."

    Definitions and ensuring we have a common understanding are VERY IMPORTANT. If fact its the cornerstone you need for the very idea of "codified law". This is why Trump is polling so well. People want someone that says what he means. They are truly tiring of weasel word soup. If Trump actually had ideas, that were not vapid, offensive, irrational or some combination of those, he'd have the GOP primary locked already. As it is I know people who don't agree with a single thing he has said since he announce his candidacy yet they still pick him over the SIXTEEN other GOP candidates. That really says something!

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  12. Re:Socialism by NostalgiaForInfinity · · Score: 5, Informative

    You are talking about communism, not democratic socialism like in parts of Europe.

    Europeans have social democracies, not democratic socialism. From Wikipedia:

    Democratic socialism is a political ideology advocating a democratic political system alongside a socialist economic system, involving a combination of political democracy with social ownership of the means of production.

    Social democracy is a political ideology that supports economic and social interventions to promote social justice within the framework of a capitalist economy, and a policy regime involving welfare state provisions, collective bargaining arrangements, regulation of the economy in the general interest, interventions to promote greater equality in the distribution of income and wealth, and a commitment to representative democracy.

    Yes, the difference matters a great deal. I know of no European country that is governed as a democratic socialist country. Many countries nominally have "democratic socialist parties", but they largely do not actually pursue democratic socialism anymore.

  13. Re:Lessig/Sanders, Sanders/Lessig by thaylin · · Score: 4, Informative

    Who is the communist? I assume you mean Sanders? He is a self-proclaimed socialist, not communist, and even then his ideas are not truely socialist.

    --
    When you cant win, ad hominem.
  14. Re:Lessig/Sanders, Sanders/Lessig by Rougement · · Score: 4, Insightful

    I'll drive you to the airport.

  15. "That hasn't worked out so well" by Brannon · · Score: 5, Insightful

    What is it that you miss so much from the Bush years? the trillion dollar war searching for nonexistent WMDs? the insanely mismanaged response to Katrina? the disastrous economy with bank bailouts and huge unemployment? the political outing of undercover CIA agents? the debunked evidence of yellow-cake uranium presented as fact to the UN? Abu Ghraib prisoner torture? How about his complete failure to find Osama Bin Laden? Or do you just genuinely miss having the rest of the world hate us?

    No thanks. I'll take the current economy with its strong dollar & 5% unemployment, 15+ million people newly with healthcare, no more wars, a nuclear agreement with Iran, regularization of relations with Cuba, legalized same sex marriage, strengthened bank regulations (without hurting the economy), a dead Osama Bin Laden, DADT repeal, etc. BTW: it's also nice to have a president who can speak in complete sentences.

    Good luck with Jeb!

  16. Re:Professor? by ArmoredDragon · · Score: 5, Insightful

    That usually doesn't work, a common analogy is two wolves and a sheep voting on what's for dinner.

    The founding fathers were very adamant that there must be certain inalienable rights, and a balance of power between the have's and the have not's.

    And thus, a republic was born.

  17. Re:Professor? by SuricouRaven · · Score: 4, Funny

    "absolute republics"

    “Ankh-Morpork had dallied with many forms of government and had ended up with that form of democracy known as One Man, One Vote. The Patrician was the Man; he had the Vote.”

  18. Re:No Thanks by SuricouRaven · · Score: 3

    America can't even remember what socialism means any more.

    Hint: It doesn't mean giving subsidies to private insurance companies to cover high-risk patients.

  19. Re:Socialism by NostalgiaForInfinity · · Score: 3, Informative

    Well, that's all socialist Bernie Sanders is using as his model.

    I assume Bernie Sanders knows enough about socialism to understand what that means.

    What you are saying is that what he is really doing is performing the same kind of "bait and switch" that "national socialists" performed in 1920's Germany; if you look at their 1920 party program, perhaps you're right. That makes him even less acceptable as a candidate.

    It's doesn't take an authoritative [sic] government, just people who are willing to pool their resources for the common good

    People willing to pool their resources for the common good is what a free market accomplishes.

    What Bernie Sanders and socialism advocate is some people "willing" to pool other people's resources for what is ostensibly the common good. No matter whether you think (like Sanders) that such coercion is justified and useful, don't try to pretend that it is voluntary; such coercion takes authoritarian government.

    (Whether government is ever "authoritative" is debatable.)