Posts Tagged ‘Lawrence Lessig’
I went off on a bit of a tear this morning on Twitter and wanted to put it into a slightly more coherent form before I went about my day: my suggestion is that liberals, progressives, and liberal-leftists should look at the results of the last six years and conclude that there is simply no hope for significant reform within the existing constitutional order.
I’ve been saying this for years now, but here it is again: Obama swept into office at the head of a mass movement with a congressional supermajority during the worst crisis in 70 years, with the opposition party totally and absolutely discredited. That was the chance, the only chance, that the existing system had to reform, and he either blew it or betrayed it, however you come down on him. There’s no reason to think there will ever be another 2008 for the liberal-left. It’s over. The only hope now is a radical shift in the constitutional order, which can be achieved by calling for a new constitutional convention as prescribed within the existing constitution. It’s a legal move; it’s just never been tried.
Now, we know that the existing order is on course to destroy civilization within our lifetimes or the lifetimes of our children; we have to weigh any possible outcomes against that. But even bracketing climate change entirely, we have to understand that progressive and leftist economic policy can’t win within the existing order because it’s rigged for paralysis. A constitutional order with this level of malapportionment and this many chokepoints inevitably favors the political right. Even the best-case, most generous reading of Obama’s colossal failures demonstrates this to be true.
A new constitution would be a gamble, but it’s a gamble we take against a certainty of failure; recall that Clinton ’16, Clinton ’20, ClintonVP ’24 is the mainline Democrats’ most optimistic scenario, the one where they hit gold every time and never miss. And there’s good reason to think a new constitution literally couldn’t be worse than what we have now. A new constitution couldn’t get away with shortchanging CA and NY 14 senators, just for starters, much less any of the other crazy stuff that seems normal to us now; there’d be no way to justify it. Even a new constitutional convention that failed and saw the country break up into a loose confederation or into smaller states would be, on balance, an improvement for the world. With the experience of 2008-2014 — not to mention every other thing that’s happened in American politics on either the state or federal level for as long as I’ve been alive — it’s hard to see how a new system could possibly be worse for progressive hopes that the current system, which at this point we have to accept is guaranteed to always steamroll us.
A movement for a new constitution that took ten years to get off the ground would be catching fire at the end of Clinton’s second term, maybe; one that took fifteen years to get off the ground would hit just as whoever follows Clinton was taking office post-reelection. Do you honestly think politics in fifteen years will be better than it is now? Will the system be more just, more peaceful, more ecologically sustainable? Do you think we’ll be glad then that we stuck with the existing system, so Hillary Clinton and Andrew Cuomo and Jay Nixon can save us?
In short my recommendation to the liberal-left and to progressives is to simply stop caring so much about whether Democrats win or lose and to devote themselves instead to advocating that we just start over, aligning with whatever savory and unsavory characters on the right we can get to sign on to the plan so that the convention happens and things at least have some chance to improve things before capitalism has fully and finally destroyed all hope for the future. At this point it’s not even really a gamble; there’s nothing left to lose, we’ve all already lost.
#teachthecontroversy #readyforHillary #despair #nihilism #breadsticks
* The grotesque corruptions of big-time intercollegiate athletics have become so glaringly obvious that there is simply no longer a question of whether the college sports-industrial complex is a cancer consuming the academy’s soul. With each new, familiar, and utterly predictable revelation of rampant greed, sexual violence, academic malfeasance, and player exploitation, the only real question is whom to blame.
* Is Lawrence Lessig really “the greatest radical at work in America today”? I like some of what Lessig does, but radicals need to step it up a notch.
* GOP cuts school lunches for urban schools, retains them for rural schools, because freedom I guess.
* Second Grader Handcuffed at School for Misbehaving. “The boy says he began yelling after some kids decided to taunt him, but he never got physical.”
Here in the US, we don’t need to force people to confess to crimes they didn’t commit (though we certainly do that, too). No, to truly validate our system, we conscript the defendant’s soul in a different way.
* A while back I wrote that Django Unchained is laudable for making us unable to watch Gone With the Wind uncritically; I believe that Thrones is working similarly to make us unable to watch The Lord of the Rings uncritically.
* And the Los Angeles Review of Books celebrates George Perec.
* The true gloomsters are scientists who look at climate through the lens of “dynamical systems,” a mathematics that describes things that tend to change suddenly and are difficult to predict. It is the mathematics of the tipping point—the moment at which a “system” that has been changing slowly and predictably will suddenly “flip.” The colloquial example is the straw that breaks that camel’s back. Or you can also think of it as a ship that is stable until it tips too far in one direction and then capsizes. In this view, Earth’s climate is, or could soon be, ready to capsize, causing sudden, perhaps catastrophic, changes. And once it capsizes, it could be next to impossible to right it again.
* But there’s an easy solution to all this! North Carolina considers outlawing accurate predictions of sea level rise. More from Raleigh’s Scott Huler at Scientific American.
* Lessig: “There is no one in the criminal justice system who believes that system works well. There is no one in housing law who believes this is what law was meant to be. In contracts, you read about disputes involving tens, maybe a hundred dollars. The disputes of ordinary people. These disputes are not for the courts any more. Or if they are, they are for courts that are an embarrassment to the ideals of justice from our tradition. The law of real people doesn’t work, even if the law of corporations does.”
* Community is back March 15, but NBC still hates you; they’re putting Parks & Rec on hiatus instead.
* Weirdest Unsolved Mysteries of World War II. I feel certain Indiana Jones was involved in each of these.
* ‘I exist wholly for you. I will never reject you. You cannot disappoint me.’ A brief history of the money shot.
FLOGGING CULLY. A debilitated lecher, commonly an old one.
COLD PIG. To give cold pig is a punishment inflicted on sluggards who lie too long in bed: it consists in pulling off all the bed clothes from them, and throwing cold water upon them.
TWIDDLE POOP. An effeminate looking fellow.