Republic, Lost

Lawrence Lessig
Occupation(s)	Law professor, free culture advocate, author
Known for	Author of Republic, Lost: How Money Corrupts Congress—and a Plan to Stop It

Republic, Lost: How Money Corrupts Congress—and a Plan to Stop It represents the sixth publication by Harvard law professor and free culture advocate Lawrence Lessig. Diverging from his previous writings, Republic, Lost centers on the pervasive corrupting impact of special-interest financial contributions on U.S. politics, with brief mentions of copyright and free culture as illustrative points. In 2011, Lessig criticized Congress for focusing debates on issues like debit-card fees instead of urgent matters such as health care reform, climate change, and the national deficit. The New York Times has recognized him as an "original and dynamic legal scholar."

A revised edition was released in October 2015.

Overview

The fundamental thesis of Republic, Lost asserts that members of the US Congress depend extensively on substantial donations from wealthy contributors, fostering a "legal but corrupt" campaign finance system. Lessig characterizes this as a systemic problem. He highlights that legislators dedicate three out of every five weekdays to fundraising efforts for reelection. This financial dependence leads to legislative gridlock: progressive activists note minimal advancement on climate legislation, while conservative groups observe no progress in simplifying the tax code. According to Lessig, this reliance diminishes Congress's ability to govern effectively regardless of whether financial contributions directly sway votes. The book references a poll indicating that 71% of Republicans and 81% of Democrats believe "money buys results in Congress." At the time of writing, congressional approval ratings were notably low—11%, dropping to 9% by October 2011.

Lessig contends that this system motivates legislators to concentrate on specialized issues that compel corporations to provide campaign funding:

A graphic illustrates how incumbent lawmakers allocate between 30% and 70% of their time soliciting resources from major corporations. These corporations invest because studies reveal returns ranging from $6 up to $220 for every $1 spent on lobbying and political campaigns.

Illogical decision-making

Lessig demonstrates his concept through four illustrative cases labeled "The Tells": the intricate subsidies and tariffs promoting corn-fed beef and high fructose corn syrup in American diets; regulations concerning pollution and copyright violations; tenure policies for public school educators; and the unregulated derivatives market. In each scenario, he questions whether lobbying and contributions account for these seemingly contradictory policy outcomes, suggesting they reduce the likelihood of sound or principled legislative decisions.

Lobbying

The central chapters examine the U.S. lobbying in the United States framework, detailing how special interest funding establishes a gift economy that influences legislative processes and determines which laws are enacted.

Lessig frequently refers to Robert G. Kaiser's So Damn Much Money, which investigates congressional lobbying through journalist Kaiser's reporting on lobbyist Gerald Cassidy. He cites congressman Jim Cooper, who described Congress as a "Farm League for K Street," implying legislators prioritize future lucrative lobbying careers over public duty.

A prominent example involves tax code simplification: corporations and individuals benefit financially from navigating the complex U.S. tax system and resist efforts to simplify it. The Internal Revenue Service (IRS) could streamline filings by sending taxpayers pre-filled returns for approval or correction, reducing administrative costs. However, Intuit, maker of TurboTax, spent more than $1.7 million opposing California’s ReadyReturn initiative designed to implement such a system.

Intuit has also lobbied against permitting taxpayers to e-file directly with the IRS. Although electronic filing saves government resources and enhances accuracy, the IRS lacks its own e-filing platform, forcing taxpayers to use private companies like Intuit or H&R Block—often incurring fees. Conversely, other nations provide free direct e-filing options. Steve Ryan, a lawyer representing the tax preparation industry, negotiated an agreement ensuring the IRS would not develop its own e-filing portal, arguing that government competition would raise privacy concerns.

The direct expenses related to preparing and submitting all U.S. business and individual tax returns are estimated at $100 to $150 billion annually. The Government Accountability Office estimated in 2005 that efficiency losses—economic output lost beyond paid taxes—range between $240 billion and $600 billion per year (1–5% of Gross domestic product), while federal taxes constituted 16.8% of GDP. Therefore, for every dollar collected in federal taxes, Americans spend an additional 6 to 30 cents on tax preparation and compliance activities that often counteract broader economic interests.

Research cited by Lessig estimates that investments in lobbying and political campaigns yield returns between $6 and $220 per dollar spent—vastly outperforming typical business returns—which explains the continual rise in lobbying expenditures.

Lessig concludes that "corruption is the gateway problem: until we solve it, we won't solve any number of other critical problems facing this nation."

Democracy vouchers

Lessig proposes a system called "Democracy Vouchers," which would allocate each taxpayer the initial $50 of their taxes in the form of a voucher redeemable solely for donations to political candidates or issue campaigns. This $50 figure is intended to exceed the total expenditures seen in previous election cycles. Candidates would be required to accept only these Democracy Vouchers along with individual or group donations capped at twice that amount. Given the U.S. population exceeds 300 million, if half of the citizens participate, this mechanism could generate approximately $7.5 billion—significantly surpassing the $1.8 billion spent during the 2010 congressional elections and the $2.8 billion donated to major parties. Lessig points out that reallocating just 10% of corporate welfare spending, which totaled $90 billion in 2009, could finance this program.

He coined the term for this initiative by referencing the portraits on U.S. currency—Grant on the $50 bill and Franklin on the $100 bill—drawing parallels to Bruce Ackerman’s 2003 concept known as "Patriot Dollars" or "voting with dollars."

Strategies for improvement

Lessig identified four potential pathways for achieving campaign finance reform:

1. Legislative action by Congress;
2. A non-politician "supercandidate" running simultaneously in multiple districts to compel competitors toward reform;
3. A presidential shutdown of government functions until reform is passed;
4. Convening a Constitutional Convention to propose an amendment mandating reform.

He regards the Constitutional Convention as the most promising approach, as it could bypass Supreme Court decisions that currently allow nearly unrestricted campaign contributions under free speech protections.

A second Constitutional Convention

Together with Tea Party figure Mark Meckler, Lessig helped organize the Conference on the Constitutional Convention at Harvard University on September 24, 2011. His keynote address summarized themes from Republic, Lost and reinforced advocacy for calling a new Constitutional Convention aimed at proposing amendments designed to reduce lobbyist influence.

Related work

Media analyst Robert W. McChesney emphasizes the media’s contribution to the corruption outlined in Republic, Lost. In his book Problem of the Media, McChesney examines how media consolidation has restricted political dialogue and led to a sharp decline in investigative journalism within commercial broadcasting. Alongside Nichols, he critiques American media for its role in promoting militarism in Tragedy and Farce: How the American Media Sell Wars, Spin Elections, and Destroy Democracy, urging comprehensive reforms in media ownership and operation.

An analysis of 14 congressional hearings revealed 1,014 witnesses advocating for programs compared to only seven opposing them, highlighting an urgent need for more independent funding of investigative journalism and political activism against crony capitalist policies and corporate welfare. McChesney and Nichols propose such reforms in The Death and Life of American Journalism, citing international examples where public support for investigative journalism has resulted in a better-informed and more politically active citizenry—similar to measures implemented by Generals Eisenhower and MacArthur in postwar Germany and Japan.

Related issues

In addition to various initiatives, Lessig established the activist organization . He voiced support for the Occupy Wall Street demonstrators at Zuccotti Park, echoing key points from Republic, Lost and encouraging the Occupy movement to join forces with the Tea Party in addressing governmental corruption.

See also

• Campaign finance reform
• Free culture
• Earmarks
• Lobbying in the United States
• Lobbyist
• Buddy Roemer

Further reading

• So Damn Much Money: The Triumph of Lobbying and the Corrosion of American Government (2009) authored by Robert G. Kaiser

External links

• Republic, Lost (complete text)
• Republic, Lost hosted on Lawrence Lessig's website, including sources referenced in the book
• Republic, Lost (preferred version) available on Lessig's YouTube channel (48:12)
• C-SPAN Q&A session with Lessig about Republic, Lost, November 20, 2011
• Rootstrikers
• ConConCon, official website for the Conference on the Constitutional Convention