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Jack Kessler's avatar

He’s angry, Vic — it’s very difficult to combine academic brilliance with cold anger in an online posting — but Lessig has done it here, so give him some credit. The brilliance comes through when he sees, as so many here have not, yet, that there will be No Exit for any of us for the roles we play, or duck, in this Time of Troubles: we’re to be the subjects of many analyses, academic & pop culture too, of what we did and didn’t do when Duty Called… Think of the other Times — The Revolution, the terrible 1800 Election, the Civil War, Carpetbagger “Reconstruction”, Isolation & Expansion eras, The Great War of Europe when we both vacillated & starred — we have been both Good Guys & Bad Guys — which will we be now? Lessig gets this, and warns us: existential “choice” — there is much of this for each of us now, for “These are the times that will try men’s souls…” — some will “act” & some will “not”, and there will be much “blame” accorded later… I am glad for Lessig’s reminder.

Joshua Natarajan's avatar

Prof.Lessig, what strikes me reading this is how old this behaviour is. The architectural constraints (checks and balances, separated powers etc ) only work when the people inside the system have a reason to enforce them. The moment an entire party decides loyalty to one person outweighs institutional self-interest, the architecture reverts to what it always was underneath -> words on paper (Madison?) The exceptions you name, Massie, Paul almost prove this right? The system was designed assuming most actors would defend their institutional turf. It wasn't designed to function when courage is the exception rather than the default.

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