Legal Commentary

Jeff Flake is right

By Lawrence Lessig

Jeff Flake (AZ-6, Republican) has introduced a resolution to call for an investigation about the relationship between earmarks and campaign funding. Having just finished Kaiser's amazing book, So Damn Much Money, I am confirmed in a suspicion I had before the election: that Flake/McCain were right to be so exercised about earmarks, and Obama/Dems were wrong.

The point is not the total amount of earmarks. Indeed, for a liberal like me, I'm keen to see the government spend money (wisely, at least). The point instead is the corruption that the earmarking system engenders. The history of earmarks is the history of a business model, with lobbyists at the core, a Congress dependent upon campaign funding at the edge, and a world of staffers, bureaucrats and former Members keen not to upset their future employers (the lobbyists).

But of course, one simple solution to this "problem" with earmarks would be to remove the corrupting connection -- to campaign finance. And the simplest way to do that would be to follow Teddy Roosevelt's other fantastic idea from 100 years ago -- Citizen Funded Elections.

Thus, yet another reason to join the strike -- don't give money to politicians who don't irrevocably commit to citizen funded elections.

Full post as published by Lessig Blog on February 25, 2009 (boomark / email).