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Equal Citizens | Larry Lessig | TEDxBeaconStreet


so the core idea behind democracy is

really incredibly simple indeed it’s

inspiring ly simple and it’s one

commitment that government means we all

participate in government and what that

means in America is that in the

representative system we all participate

equally the framers of our Constitution

were obsessed with mechanical things and

when they thought of what that meant

they had images of machines in their

head and they spoke of dependencies

producing this equality Madison in

Federalist 52 promised us an institution

that would have a branch Congress the

house that would be quote dependent on

the people alone and by the people what

he said was quote not the rich more than

the poor now this idea of equality is

not surprising for our a republic that

grew out of something called the

Declaration of Independence which in its

first words said we hold these truths to

be self-evident that all men ok all

white men but all men are created equal

equal and it’s because they’re equal

that they could commit to the idea of

not the rich more than the poor and

because they they were equal we would

have a system that would be dependent on

the people alone equal but the truth is

the document that they signed the

Constitution is not consistently

committed to equality indeed at the core

it compromise with this principle of

equality and that compromise is this

room the Senate

it drove Madison nuts that his brilliant

theory of an equal democracy had to be

compromised by the need to get the small

states to join the big stays Theory met

reality and the product was ideals

compromised by necessity it was

necessary they said to make this

compromise to make it so we could have a

union and we got a union now I don’t

know if we hadn’t got the union whether

slavery would have ended sooner or not

we’re not allowed to think about that

sort of thing what we’re supposed to

accept is that the Constitution has a

principle and an exception and the

principle is democratic and the

exception is inequality but the problem

we have today is that this exception is

becoming the rule and there is no

institution that better symbolizes the

way this exception of inequality is

becoming the rule then this institution

the United States Senate the history of

the Senate is a constant fight against

democratic ideals in the period before

the Civil War it was the Senate that

tried to negotiate the compromise that

would preserve slavery and for a brief

moment after the Civil War the Senate

led for the first time principles of

equality Massachusetts ja a Charles

Sumner at the forefront of that fight

but after Sumner died it was 82 years

before the Senate allowed a single civil

rights bill to be passed it was the

Senate that held America back because of

the unequal power that was living here

and even to this day principles like the

filibuster make it so the minority

controls the majority because the

principle of democracy does not exist in

this place

this is an institution that makes us

think of great men and yes great men

97.5%

of senators have been men 50 have been

women they are really great women who

are in the United States Senate but this

institution makes us think of great

people but we should recognize it it is

an unequal institution it is

institutional inequality and that

inequality produces a problem because

we’ve taken this idea of inequality and

let it grow this inequality has grown

throughout our democratic system it’s

grown here when the framers set up the

Senate the inequality was big Delaware

vote one vote in Delaware was worth 13

votes in Virginia but that gap has only

grown now one vote in Wyoming is worth

66 votes in California but it’s not just

here in the Senate that inequality has

grown this principle of inequality has

spread throughout our democratic system

think about the freedom to vote

do we have an equal freedom to vote in

America well the truth is through

techniques to suppress votes as Charles

Stewart at MIT has calculated more than

16 million Americans saw their votes

suppressed in the last election they

have less equal access to our democracy

than the rest of us do or think about

the presidential election because of the

Senate in the way that we select

electors to our electoral college the

winner-take-all system means that if you

happen to be in the minority in your

state we count your votes simply to

throw them away a million people voted

for Donald Trump in Massachusetts all of

those votes were thrown away the

winner-take-all system means unless you

happen to live in a state where you’re

the majority you do not count which

means 52 million Americans had their

vote thrown away in the last election or

think about the House of Representatives

this innovation created by a governor

from this state

gerri gerrymandering there are only 45

competitive seats in the United States

House which means for the rest 90% of

the house the winner is the winner of

the party that controls that seat which

means that if you are a minority a

Democrat in a Republican seat or a

Republican and a Democrat see your vote

doesn’t matter your views don’t matter

your Congressman cares not a whit about

what you think about because you could

never matter to his or her re-election

again a million votes by Republicans in

Massachusetts there isn’t a single

Republican member of the House from

Massachusetts this gerrymandering system

means 89 million Americans have a vote

that doesn’t matter in the house 89

million unequal because of the way we

count votes and then the Senate the

Senate two per state what that means is

a hundred and fourteen million americans

have a vote that weighs less than the

vote of just 26 million americans who

happen to live in the states that are

small states in the country but the

biggest challenge to equality in america

is money the way we fund campaigns we

fund public campaigns privately which

means members of Congress and candidates

for Congress spent anywhere between 30

and 70 percent of their time raising

money to get back to Congress dialing

for dollars for you kids that’s a

telephone that’s the way that telephones

used to work dialing for dollars calling

people across the country to rate

country to raise the money they need to

get their party back into power to get

back into Congress themselves but who

are they calling they’re not calling

average Americans they are calling no

more than a hundred thousand Americans

who are the primary funders of these

congressional campaigns a hundred

thousand Americans which means that 139

point nine million Americans just don’t

count equally in this system they are

excluded and even this graph is a little

bit unrepresentative I got to take one

man I get to divide him into a

fifth one-fifth of one men on that graph

represents the power in money and the

rest of us are unequal add all these

things together and the sum is quite

clear right we are not equal as citizens

in the United States there’s core

promise of a representative democracy

has been denied which means they can’t

represent us because they are so busy

representing them we can’t get what we

want we won’t get what we want unless

what we want we as in America

represented equally unless what we want

happens to be what the most powerful in

this system always want this

Constitution that had a principal and an

exception has transformed the exception

into the rule inequality is the norm now

we’ve had fights for equality in our

history maybe the most tragic and

inspirational fights in Americans

history for equality is the fight of

african-americans for four hundred years

to achieve equality inside the system

first freedom and then equality but the

striking thing of that fight is that in

a certain way they had an advantage over

the fight we must wage because in that

four hundred years and that fights not

over but in that four hundred years no

one ever doubted whether the system was

treating african-americans equally or

not that inequality was clear to all but

this inequality this inequality is the

carbon monoxide of a democracy invisible

tasteless odourless it spreads without

anyone recognizing it and we can’t even

imagine it especially we white males

can’t imagine it oh my gosh we’re in a

system where we’re not equal that’s just

not possible in America right but the

truth is this system is deeply unequal

and we don’t even notice it we accept it

and like a cancer it eats away at the

soul of our democracy now I’ve spent the

last decade more than the last decade

working to figure how we could rally the

moonshot it would take the moonshot it

would take to get our equality back I’m

not even sure it’s possible just like

those who plan to the moonshot I’m not

sure it’s possible but I’ve learned

three things that I think are essential

if we’re going to make this fight work

number one we have to fight as citizens

not as Republicans and not as Democrats

but as citizens first we have to find a

way to rise above the partisan divide

that kills us in our opportunity to make

a democracy work again we have to find a

way to speak to each other as equals not

as enemies

the politicians are very bad at this

they live the politics of hate and we

have to get above that that’s number one

number two we have to learn that this

fight is actually a fight for others

because who loses most because we can’t

govern it is our kids who lose most

think of every important issue that we

think we must find a way to address

climate change we’re wrecking our

climate but those of us over 50 it’s not

gonna really matter much to us like my

house might when my children are there

become a a nice waterfront property

because of the rising water levels but

I’ll never see that the people who

suffer that will be our children the

debt that we spread because we have no

capacity to control how our government

behaves

that debt is literally us borrowing from

our children thank you very much we will

never pay them back a health care system

which is so screwy and inefficient

because of our gifts to pharmaceutical

companies and insurance companies this

is a system that burdens not us us who

can afford and have the health care that

our employers give us the people that

burdens are our children who can’t

afford and won’t have health care

because again we don’t have a democracy

to deliver that to them or the economy

that seems to be stuck it can’t go up

for the average American it’s only the

rich only the rich who gets any better

the only opportunities we give are the

opportunities to the very rich who

burden who is burdened by that accept

our children in every one of these areas

the point is if we have a fight here

it’s a fight for them and if we have a

motive to the fight it’s the motive of

love for them love for them first

teaches us what we must do now and then

finally this has got to be a fight for

respect a kind of self-respect because

when you think about the extraordinary

struggle that African Americans went

through the dignity of that struggle to

achieve the Equality which they have

fought for for four hundred years

or women fighting for that chance to

participate in a democracy and live in a

society as equal the dignity and

self-respect that fight showed where is

the dignity and the self-respect for the

rest of us how can we accept a system

that treats us like this we need leaders

here we need the leaders to remind us

that we can rise above this partisan

divide we need leaders to remind us we

inherited a democracy we could be proud

of but we hand to our children and

embarrassment we need leaders to ignite

with us within us the courage that we’ll

take to fight those who benefit from

this unequal system

we need leaders and those leaders are

you are you citizens or are you

Republicans are you citizens or are you

Democrats is it country first or party

first that’s your choice do you have the

love for your children to be willing to

stand and fight for something that gives

them the chance that we had from our

parents and can you recover the dignity

of the soldier who goes to war not to

fight for a party but to fight for a

democracy in the name of equality this

is a beautiful space it reminds us of

many great leaders leaders many from

this state including the two great

Kennedys who celebrated at this museum

but let us also be reminded that the

leaders alone have never changed

anything the change only comes when it

comes from you lead here thank you very much

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