Law in Contemporary Society

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LaurenRoemkeFirstEssay 11 - 16 Jul 2016 - Main.LaurenRoemke
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Defining the State in 2016: America’s Financial Oligarchy

-- By LaurenRoemke - 11 June 2016

America’s state in 2016 most reflects a financial oligarchy. Even though Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association, and a widespread franchise, a few wealthy citizens and interest groups disproportionately control U.S. policymaking compared to median-income citizens. Over half the money given to presidential candidates in the first part of the 2016 campaign cycle came from just 158 families, and in 2012, lobbyists and interest groups spent $6.7 billion to influence Congress. As a result, people have lost faith in our political institutions; Americans’ trust in Congress declined from 42% in 1973 to just 7% in 2014. There is a widespread and accurate belief that our political institutions have lost all remnants of legitimacy and can no longer be used to effectuate change, as reflected by the Occupy Wall Street movement of 2008 and citizen rage in the 2016 election. In order to dismantle the oligarchic structure and create a participatory democracy, it will help to first understand the financial oligarchy’s origins and consequences.

Origins of America’s Oligarchy

Income inequality in the United States is largely due to the extremely high pay packages of top managers, also referred to as “supermanagers,” of large firms in the nonfinancial as well as financial sectors (Piketty, p.303). Changes in income taxes during the 1980s spurred the dramatic increase in salaries among corporate managers; “specifically, the very large decrease in the top marginal income tax rate in the English-speaking countries after 1980 seems to have totally transformed the way executive pay is set, since top executives now had much stronger incentives than in the past to seek large raises.” (Piketty, p.335). Although other countries similarly decreased top marginal income tax rates, social norms capped high pay packages, limiting the amount inequality from labor. Executive compensation of several million dollars a year is still more shocking today in Sweden, Germany, France, Japan, and Italy than in the United States (Piketty, p.333). Beneficiaries of the tax cuts and compensation packages could now use their accumulated wealth to finance political parties, pressure groups, and think tanks to achieve policies that tilted the playing field ever more steeply in their favor. The U.S. Supreme Court’s decision, Citizens United v. FEC (2010), allowed the wealthy few to gain an even stronger foothold in influencing U.S. policy by allowing unlimited funds to be spent in U.S. elections. America’s financial oligarchy has its origins in both the 1980’s tax cuts for the wealthy and skyrocketing compensation packages of senior managers of large firms. The shift in taxes and corporate governance attitudes not only enabled the concentration of wealth, but also of power through the use of the lobbying, revolving door policies, and campaign finance reforms.

Consequences of America’s Oligarchy

Holmes suggests that in order to understand something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the richest 10 percent of Americans own 72 percent of America’s wealth, while the bottom half claim just 2 percent (Piketty, p. 257). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave. U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees. Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are reluctant to strike for fear of repercussions. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981. These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a result, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level. Considering the consequences of America’s financial oligarchy, it is clear that the wealthy elites are engaged in class-based, self-interested advocacy that tilts the playing field ever more steeply in their favor to the disadvantage of ordinary citizens.

Moving Forward

Recent events show that both democratic and republican voters distrust corporate financing of political campaigns. Donald Trump asserts that he has self-financed most of his campaign, while Bernie Sanders relied on the individual contributions of American citizens and Hillary Clinton asserted that she would appoint Supreme Court Justices who oppose the Citizens United decision. While the sincerity of these statements is uncertain, they were made to appeal to voters. Given the strong public sentiment against corporate influence in politics, there is hope that we can dismantle, or at least temporarily reform, America’s financial oligarchy. Steps to achieve this goal include enforcing existing campaign finance rules, increasing voting access for American citizens, appointing Supreme Court justices who disagree with the Citizens United and Buckley v. Valeo decisions, passing legislation that requires wealthy individuals and corporations who make large campaign contributions to disclose where their money is going, and amplifying the effect of small donations through a small-donor matching system. The founders of our country fought to create a participatory democracy, free from the kind of corruption and tyranny in England. The Women’s Suffrage and Civil Rights movement fought to expand democracy by including the voices of women and African Americans. It is our civic duty to honor this sacrifice of our forefathers by restoring power to the many, rather than the few.

  • Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harvard Law Review 457 (1897)
  • Piketty, Thomas (2014). Capital in the Twenty-First Century. Cambridge, Massachusetts; London, England: The Belknap Press of Harvard University Press.

 

LaurenRoemkeFirstEssay 10 - 13 Jun 2016 - Main.LaurenRoemke
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 America’s state in 2016 most reflects a financial oligarchy. Even though Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association, and a widespread franchise, a few wealthy citizens and interest groups disproportionately control U.S. policymaking compared to median-income citizens. Over half the money given to presidential candidates in the first part of the 2016 campaign cycle came from just 158 families, and in 2012, lobbyists and interest groups spent $6.7 billion to influence Congress. As a result, people have lost faith in our political institutions; Americans’ trust in Congress declined from 42% in 1973 to just 7% in 2014. There is a widespread and accurate belief that our political institutions have lost all remnants of legitimacy and can no longer be used to effectuate change, as reflected by the Occupy Wall Street movement of 2008 and citizen rage in the 2016 election. In order to dismantle the oligarchic structure and create a participatory democracy, it will help to first understand the financial oligarchy’s origins and consequences.
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Origins of America’s Oligarchy

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Origins of America’s Oligarchy

 Income inequality in the United States is largely due to the extremely high pay packages of top managers, also referred to as “supermanagers,” of large firms in the nonfinancial as well as financial sectors (Piketty, p.303). Changes in income taxes during the 1980s spurred the dramatic increase in salaries among corporate managers; “specifically, the very large decrease in the top marginal income tax rate in the English-speaking countries after 1980 seems to have totally transformed the way executive pay is set, since top executives now had much stronger incentives than in the past to seek large raises.” (Piketty, p.335). Although other countries similarly decreased top marginal income tax rates, social norms capped high pay packages, limiting the amount inequality from labor. Executive compensation of several million dollars a year is still more shocking today in Sweden, Germany, France, Japan, and Italy than in the United States (Piketty, p.333). Beneficiaries of the tax cuts and compensation packages could now use their accumulated wealth to finance political parties, pressure groups, and think tanks to achieve policies that tilted the playing field ever more steeply in their favor. The U.S. Supreme Court’s decision, Citizens United v. FEC (2010), allowed the wealthy few to gain an even stronger foothold in influencing U.S. policy by allowing unlimited funds to be spent in U.S. elections. America’s financial oligarchy has its origins in both the 1980’s tax cuts for the wealthy and skyrocketing compensation packages of senior managers of large firms. The shift in taxes and corporate governance attitudes not only enabled the concentration of wealth, but also of power through the use of the lobbying, revolving door policies, and campaign finance reforms.
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Consequences of America’s Oligarchy

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Consequences of America’s Oligarchy

 
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Holmes suggests that in order to understand something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the richest 10 percent of Americans own 72 percent of America’s wealth, while the bottom half claim just 2 percent (Piketty, p. 257). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave. U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees. Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are understandably reluctant to strike for fear of repercussions. For example, when the nation’s air traffic controllers engaged in an illegal strike in 1981, President Reagan fired the 11,500 striking traffic controllers and immediately hired replacements. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981. These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a result, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level. Considering the consequences of America’s financial oligarchy, it is clear that the wealthy elites are engaged in class-based, self-interested advocacy that tilts the playing field ever more steeply in their favor to the disadvantage of ordinary citizens.
>
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Holmes suggests that in order to understand something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the richest 10 percent of Americans own 72 percent of America’s wealth, while the bottom half claim just 2 percent (Piketty, p. 257). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave. U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees. Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are reluctant to strike for fear of repercussions. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981. These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a result, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level. Considering the consequences of America’s financial oligarchy, it is clear that the wealthy elites are engaged in class-based, self-interested advocacy that tilts the playing field ever more steeply in their favor to the disadvantage of ordinary citizens.
 
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Moving Forward

Recent events show that both democratic and republican voters distrust corporate financing of political campaigns. Donald Trump asserts that he has self-financed most of his campaign, while Bernie Sanders relied on the individual contributions of American citizens and Hillary Clinton asserted that she would appoint Supreme Court Justices who oppose the Citizens United decision. While the sincerity of these statements is uncertain, they were made to appeal to voters. Given the strong public sentiment against corporate influence in politics, there is hope that we can dismantle, or at least reform, America’s financial oligarchy. Steps to achieve this goal include enforcing existing campaign finance rules, increasing voting access for American citizens, appointing Supreme Court justices who disagree with the Citizens United and Buckley v. Valeo decisions, passing legislation that requires wealthy individuals and corporations who make large campaign contributions to disclose where their money is going, and amplifying the effect of small donations through a small-donor matching system. The founders of our country fought to create a participatory democracy, free from the kind of corruption and tyranny in England. The Women’s Suffrage and Civil Rights movement fought to expand democracy by including the voices of women and African Americans. It is our civic duty to honor this sacrifice of our forefathers by restoring power to the many, rather than the few.
>
>

Moving Forward

Recent events show that both democratic and republican voters distrust corporate financing of political campaigns. Donald Trump asserts that he has self-financed most of his campaign, while Bernie Sanders relied on the individual contributions of American citizens and Hillary Clinton asserted that she would appoint Supreme Court Justices who oppose the Citizens United decision. While the sincerity of these statements is uncertain, they were made to appeal to voters. Given the strong public sentiment against corporate influence in politics, there is hope that we can dismantle, or at least temporarily reform, America’s financial oligarchy. Steps to achieve this goal include enforcing existing campaign finance rules, increasing voting access for American citizens, appointing Supreme Court justices who disagree with the Citizens United and Buckley v. Valeo decisions, passing legislation that requires wealthy individuals and corporations who make large campaign contributions to disclose where their money is going, and amplifying the effect of small donations through a small-donor matching system. The founders of our country fought to create a participatory democracy, free from the kind of corruption and tyranny in England. The Women’s Suffrage and Civil Rights movement fought to expand democracy by including the voices of women and African Americans. It is our civic duty to honor this sacrifice of our forefathers by restoring power to the many, rather than the few.
 

  • Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harvard Law Review 457 (1897)

LaurenRoemkeFirstEssay 9 - 11 Jun 2016 - Main.LaurenRoemke
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Defining the State in 2016: America’s Financial Oligarchy

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-- By LaurenRoemke - 11 June 2016
 
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America’s state in 2016 most reflects a financial oligarchy. Even though Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association, and a widespread franchise, a few wealthy citizens and interest groups disproportionately control U.S. policymaking compared to median-income citizens. Over half the money given to presidential candidates in the 2016 campaign came from just 158 families (http://www.nytimes.com/interactive/2015/10/11/us/politics/2016-presidential-election-super-pac-donors.html?_r=0), and in 2012, lobbyists and interest groups spent $6.7 billion to influence Congress (http://sunlightfoundation.com/blog/2013/11/25/how-much-lobbying-is-there-in-washington-its-double-what-you-think/). As a result, people have lost faith in our political institutions; Americans’ trust in Congress declined from 42% in 1973 to just 7% in 2014 (http://www.gallup.com/poll/171710/public-faith-congress-falls-again-hits-historic-low.aspx). There is a widespread and accurate belief that our political institutions have lost all remnants of legitimacy and can no longer be used to effectuate change, as reflected by the Occupy Wall Street movement of 2008 and citizen rage in the 2016 election. In order to dismantle the oligarchic structure and create a participatory democracy, it will help to first understand the financial oligarchy’s origins and consequences.
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America’s state in 2016 most reflects a financial oligarchy. Even though Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association, and a widespread franchise, a few wealthy citizens and interest groups disproportionately control U.S. policymaking compared to median-income citizens. Over half the money given to presidential candidates in the first part of the 2016 campaign cycle came from just 158 families, and in 2012, lobbyists and interest groups spent $6.7 billion to influence Congress. As a result, people have lost faith in our political institutions; Americans’ trust in Congress declined from 42% in 1973 to just 7% in 2014. There is a widespread and accurate belief that our political institutions have lost all remnants of legitimacy and can no longer be used to effectuate change, as reflected by the Occupy Wall Street movement of 2008 and citizen rage in the 2016 election. In order to dismantle the oligarchic structure and create a participatory democracy, it will help to first understand the financial oligarchy’s origins and consequences.
 

Origins of America’s Oligarchy

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In Winner Takes All Politics, Hacker and Pierson argue that President Carter’s administration kicked off income inequality through tax code revisions. In 1978, the Carter administration and Congress cut the top rate of the capital gains tax from 48% to 28% - “an enormous boon for wealthy Americans” (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america). Simultaneously, efforts to make it easier to unionize died in the Senate and a powerful business lobby defeated a proposed new agency that was to work on behalf of average Americans. Carter’s successor, Ronald Reagan, achieved a “fundamental rewriting of the nation’s tax laws in favor of winner-take-all outcomes” through his 1981 Economic Recovery and Tax Act, which cut taxes for corporations, reduced capital gains and estate taxes, and provided a 10% income tax exclusion for married couples in two-earner families (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america).

These policies continued into subsequent presidencies, allowing the rich to pull ahead of everyone else. Citizens and interest groups with this accumulated wealth could now mount stronger lobbying campaigns to achieve policies that tilted the playing field ever more steeply in their favor. The U.S. Supreme Court’s decision, Citizens United v. FEC (2010), allowed the wealthy few to gain an even stronger foothold in influencing U.S. policy by allowing unlimited funds to be spent in U.S. elections. America’s financial oligarchy has its origins in the 1970’s and 80’s tax cuts for the wealthy. These tax cuts not only enabled the concentration of wealth, but also of power through the use of the lobbying, revolving door policies, and campaign finance reforms.

>
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Income inequality in the United States is largely due to the extremely high pay packages of top managers, also referred to as “supermanagers,” of large firms in the nonfinancial as well as financial sectors (Piketty, p.303). Changes in income taxes during the 1980s spurred the dramatic increase in salaries among corporate managers; “specifically, the very large decrease in the top marginal income tax rate in the English-speaking countries after 1980 seems to have totally transformed the way executive pay is set, since top executives now had much stronger incentives than in the past to seek large raises.” (Piketty, p.335). Although other countries similarly decreased top marginal income tax rates, social norms capped high pay packages, limiting the amount inequality from labor. Executive compensation of several million dollars a year is still more shocking today in Sweden, Germany, France, Japan, and Italy than in the United States (Piketty, p.333). Beneficiaries of the tax cuts and compensation packages could now use their accumulated wealth to finance political parties, pressure groups, and think tanks to achieve policies that tilted the playing field ever more steeply in their favor. The U.S. Supreme Court’s decision, Citizens United v. FEC (2010), allowed the wealthy few to gain an even stronger foothold in influencing U.S. policy by allowing unlimited funds to be spent in U.S. elections. America’s financial oligarchy has its origins in both the 1980’s tax cuts for the wealthy and skyrocketing compensation packages of senior managers of large firms. The shift in taxes and corporate governance attitudes not only enabled the concentration of wealth, but also of power through the use of the lobbying, revolving door policies, and campaign finance reforms.
 

Consequences of America’s Oligarchy

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Holmes suggests that in order to understand something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the wealthiest 160,000 families own as much wealth as the poorest 145 million families (http://fortune.com/2014/10/31/inequality-wealth-income-us/). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave (http://www.politifact.com/truth-o-meter/statements/2015/jan/21/barack-obama/barack-obama-says-united-states-only-developed-cou/). U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees (https://www.jacksonlewis.com/media/pnc/9/media.2089.pdf). Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are understandably reluctant to strike for fear of repercussions (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). For example, when the nation’s air traffic controllers engaged in an illegal strike in 1981, President Reagan fired the 11,500 striking traffic controllers and immediately hired replacements. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981 (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a result, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level (http://www.marketwatch.com/story/americans-are-trapped-in-a-cycle-of-financial-insecurity-2016-01-25).

In With Liberty and Justice for Some, Glenn Greenwald argues that legal inequality is both a consequence and contributor of financial and political inequality. The past four decades have witnessed the rise of a two-tiered justice system that shields and immunizes the elite from the consequences of their criminal acts, yet subjects ordinary citizens to very harsh criminal sanctions. Examples include the failure to prosecute 2008 financial fraud criminals, and Obama officials’ decision to shield Bush torturers from all accountability.

Considering the consequences of America’s financial oligarchy, it is clear that the wealthy elites are engaged in class-based, self-interested advocacy that tilts the playing field ever more steeply in their favor to the disadvantage of ordinary citizens.

>
>
Holmes suggests that in order to understand something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the richest 10 percent of Americans own 72 percent of America’s wealth, while the bottom half claim just 2 percent (Piketty, p. 257). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave. U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees. Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are understandably reluctant to strike for fear of repercussions. For example, when the nation’s air traffic controllers engaged in an illegal strike in 1981, President Reagan fired the 11,500 striking traffic controllers and immediately hired replacements. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981. These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a result, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level. Considering the consequences of America’s financial oligarchy, it is clear that the wealthy elites are engaged in class-based, self-interested advocacy that tilts the playing field ever more steeply in their favor to the disadvantage of ordinary citizens.
 

Moving Forward

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Recent events show that both democratic and republican voters distrust corporate financing of political campaigns. Donald Trump asserts that he has self-financed most of his campaign, while Bernie Sanders relied on the individual contributions of American citizens and Hillary Clinton asserted that she would appoint Supreme Court Justices who oppose the Citizens United decision. While the sincerity of these statements is uncertain, they were made to appeal to voters. Given the strong public sentiment against corporate influence in politics, there is hope that we can dismantle, or at least reform, America’s financial oligarchy. Steps to achieve this goal include enforcing existing campaign finance rules, increasing voting access for American citizens, appointing Supreme Court justices who disagree with the Citizens United and Buckley v. Valeo decisions, passing legislation that requires wealthy individuals and corporations who make large campaign contributions to disclose where their money is going, and amplifying the effect of small donations through a small-donor matching system. The founders of our country fought to create a participatory democracy, free from the kind of corruption and tyranny in England. The Women’s Suffrage and Civil Rights movement fought to expand democracy by including the voices of women and African Americans. It is our civic duty to honor this sacrifice of our forefathers by restoring power to the many, rather than the few.
 
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The path moving forward is far from clear. Working within the system is unlikely to achieve meaningful results given the elite’s ability to maintain the status quo through resources and accumulated experience. At the same time, Theodore Roosevelt resolved America’s plutocracy of the late 19th and early 20th century through trust busting, and in 1907, banning corporate donations to federal campaigns, suggesting reform through existing channels may be possible. Ultimately, this transformation will not be easily accomplished. We must protest, advocate for change, and devise novel solutions if we are to transform our current government of the 1%, by the 1%, for the 1%, into a government of the people, by the people, for the people (http://www.vanityfair.com/news/2011/05/top-one-percent-201105).
 
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  • Greenwald, Glenn (2012). With Liberty and Justice for Some. Picador.
  • Hacker, Jacob and Paul Pierson (2010). Winner-Take-All Politics: How Washington Made the Rich Richer—and Turned Its Back on the Middle Class. New York, New York: Simon & Schuster.
 
  • Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harvard Law Review 457 (1897)
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  • Piketty, Thomas (2014). Capital in the Twenty-First Century. Cambridge, Massachusetts; London, England: The Belknap Press of Harvard University Press.
 
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I suggested you make links. Here you just cluttered the text up with URLs, which makes it impossible for the reader to read the text easily. That's obviously not the way to write for the Web. The "link to world" icon at the top of the in-browser editing frame will show you how the wiki markup works. I did one example for you at the top of the essay.


You did gain focus over the first draft, which was a significant improvement. But an economic history of the postwar US, constituted mostly of citations to Mother Jones and Vanity Fair, is not very closely researched or reasoned yet, I think. It would be hard to write about the subject of inequality's roots in this era without mentioning Thomas Piketty, I think, given the overwhelming response to his work, but you managed it. Somewhat to your disadvantage, I think, both because he is rigorous in his research and doesn't rely on Mother Jones for his facts, and also because he shows that the growth of inequality has occurred in societies whose tax policies bear no relation to those of the US.

This somewhat undermines the idea that lowering capital gains taxes, or the 1986 reforms to eliminate capital gains treatment altogether, or their abandonment to return to complexity in the successor administration, are the source of the problem. If, indeed, the concentration of wealth and power had been created by tax policy alone, it would be hard to understand your subsequent claim that the concentration cannot easily be addressed within the current political system.

Do you really mean to assert that "The past four decades have witnessed the rise of a two-tiered justice system that shields and immunizes the elite from the consequences of their criminal acts, yet subjects ordinary citizens to very harsh criminal sanctions"? Are we to imagine that in 1960, or 1910, or 1850, or 1800, or 1450, that wasn't true? Why would you present this most fundamental injustice as a recent development; surely you know that's wrong.

This was, I think, a good first draft. The route to improvement is more precision in argument, more reliance on reliable research and less reliance on magazine journalism and Glenn Greenwald (if those are not synonymous). Senator Sanders could do what he did on the basis of sentiments, but you are writing on the basis of fact.

 

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LaurenRoemkeFirstEssay 8 - 08 Jun 2016 - Main.EbenMoglen
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Defining the State in 2016: America’s Financial Oligarchy

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-- By LaurenRoemke - 23 Mar 2016
 
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America’s state in 2016 most reflects a financial oligarchy. Even though Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association, and a widespread franchise, a few wealthy citizens and interest groups disproportionately control U.S. policymaking compared to median-income citizens (https://scholar.princeton.edu/sites/default/files/mgilens/files/gilens_and_page_2014_-testing_theories_of_american_politics.doc.pdf). Over half the money given to presidential candidates in the 2016 campaign came from just 158 families (http://www.nytimes.com/interactive/2015/10/11/us/politics/2016-presidential-election-super-pac-donors.html?_r=0), and in 2012, lobbyists and interest groups spent $6.7 billion to influence Congress (http://sunlightfoundation.com/blog/2013/11/25/how-much-lobbying-is-there-in-washington-its-double-what-you-think/). As a result, people have lost faith in our political institutions; Americans’ trust in Congress declined from 42% in 1973 to just 7% in 2014 (http://www.gallup.com/poll/171710/public-faith-congress-falls-again-hits-historic-low.aspx). There is a widespread and accurate belief that our political institutions have lost all remnants of legitimacy and can no longer be used to effectuate change, as reflected by the Occupy Wall Street movement of 2008 and citizen rage in the 2016 election. In order to dismantle the oligarchic structure and create a participatory democracy, it will help to first understand the financial oligarchy’s origins and consequences.
>
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America’s state in 2016 most reflects a financial oligarchy. Even though Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association, and a widespread franchise, a few wealthy citizens and interest groups disproportionately control U.S. policymaking compared to median-income citizens. Over half the money given to presidential candidates in the 2016 campaign came from just 158 families (http://www.nytimes.com/interactive/2015/10/11/us/politics/2016-presidential-election-super-pac-donors.html?_r=0), and in 2012, lobbyists and interest groups spent $6.7 billion to influence Congress (http://sunlightfoundation.com/blog/2013/11/25/how-much-lobbying-is-there-in-washington-its-double-what-you-think/). As a result, people have lost faith in our political institutions; Americans’ trust in Congress declined from 42% in 1973 to just 7% in 2014 (http://www.gallup.com/poll/171710/public-faith-congress-falls-again-hits-historic-low.aspx). There is a widespread and accurate belief that our political institutions have lost all remnants of legitimacy and can no longer be used to effectuate change, as reflected by the Occupy Wall Street movement of 2008 and citizen rage in the 2016 election. In order to dismantle the oligarchic structure and create a participatory democracy, it will help to first understand the financial oligarchy’s origins and consequences.
 

Origins of America’s Oligarchy

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  • Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harvard Law Review 457 (1897)
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I suggested you make links. Here you just cluttered the text up with URLs, which makes it impossible for the reader to read the text easily. That's obviously not the way to write for the Web. The "link to world" icon at the top of the in-browser editing frame will show you how the wiki markup works. I did one example for you at the top of the essay.

 
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You did gain focus over the first draft, which was a significant improvement. But an economic history of the postwar US, constituted mostly of citations to Mother Jones and Vanity Fair, is not very closely researched or reasoned yet, I think. It would be hard to write about the subject of inequality's roots in this era without mentioning Thomas Piketty, I think, given the overwhelming response to his work, but you managed it. Somewhat to your disadvantage, I think, both because he is rigorous in his research and doesn't rely on Mother Jones for his facts, and also because he shows that the growth of inequality has occurred in societies whose tax policies bear no relation to those of the US.

This somewhat undermines the idea that lowering capital gains taxes, or the 1986 reforms to eliminate capital gains treatment altogether, or their abandonment to return to complexity in the successor administration, are the source of the problem. If, indeed, the concentration of wealth and power had been created by tax policy alone, it would be hard to understand your subsequent claim that the concentration cannot easily be addressed within the current political system.

Do you really mean to assert that "The past four decades have witnessed the rise of a two-tiered justice system that shields and immunizes the elite from the consequences of their criminal acts, yet subjects ordinary citizens to very harsh criminal sanctions"? Are we to imagine that in 1960, or 1910, or 1850, or 1800, or 1450, that wasn't true? Why would you present this most fundamental injustice as a recent development; surely you know that's wrong.

This was, I think, a good first draft. The route to improvement is more precision in argument, more reliance on reliable research and less reliance on magazine journalism and Glenn Greenwald (if those are not synonymous). Senator Sanders could do what he did on the basis of sentiments, but you are writing on the basis of fact.

 

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  • Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harvard Law Review 457 (1897)
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Why make a citation list in a web document? Make links that will help the reader use your references.
 
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The first thing to be done to improve the next draft is to take a portion of this material that can actually be written about in 1,000 words. If you have to go from defining the state to Bernie Sanders' campaign in that space, you will not be able to make coherent sense.

Deciding how to confine your questions also means coming up with the one most important absence in the current draft: a clearly-stated theme. That's what will go in the first paragraph of the next draft, tightly-stated enough that the reader can understand precisely what idea the subsequent paragraphs are developing. That development, which also involves dealing with obvious counterarguments or objections, would be followed by a conclusion that allows the reader to see how she can carry your idea can further for herself.

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 In Winner Takes All Politics, Hacker and Pierson argue that President Carter’s administration kicked off income inequality through tax code revisions. In 1978, the Carter administration and Congress cut the top rate of the capital gains tax from 48% to 28% - “an enormous boon for wealthy Americans” (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america). Simultaneously, efforts to make it easier to unionize died in the Senate and a powerful business lobby defeated a proposed new agency that was to work on behalf of average Americans. Carter’s successor, Ronald Reagan, achieved a “fundamental rewriting of the nation’s tax laws in favor of winner-take-all outcomes” through his 1981 Economic Recovery and Tax Act, which cut taxes for corporations, reduced capital gains and estate taxes, and provided a 10% income tax exclusion for married couples in two-earner families (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america).
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These policies continued into subsequent presidencies, allowing the rich to pull ahead of everyone else. Citizens and interest groups with this accumulated wealth could now mount stronger lobbying campaigns to achieve policies that tilted the playing field ever more steeply in their favor. The U.S. Supreme Court’s decision, Citizens United v. FEC (2010), allowed the wealthy few to gain an even stronger foothold in influencing U.S. policy by allowing unlimited funds to be spent in U.S. elections. America’s financial oligarchy has its origins in the 1970’s and 80’s tax cuts for the wealthy. These tax cuts not only enabled the concentration of wealth, but also of power through use of the lobby industry, revolving door policies, and campaign finance reforms.
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These policies continued into subsequent presidencies, allowing the rich to pull ahead of everyone else. Citizens and interest groups with this accumulated wealth could now mount stronger lobbying campaigns to achieve policies that tilted the playing field ever more steeply in their favor. The U.S. Supreme Court’s decision, Citizens United v. FEC (2010), allowed the wealthy few to gain an even stronger foothold in influencing U.S. policy by allowing unlimited funds to be spent in U.S. elections. America’s financial oligarchy has its origins in the 1970’s and 80’s tax cuts for the wealthy. These tax cuts not only enabled the concentration of wealth, but also of power through the use of the lobbying, revolving door policies, and campaign finance reforms.
 

Consequences of America’s Oligarchy

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Holmes suggests that in order to understanding something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the wealthiest 160,000 families own as much wealth as the poorest 145 million families (http://fortune.com/2014/10/31/inequality-wealth-income-us/). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave (http://www.politifact.com/truth-o-meter/statements/2015/jan/21/barack-obama/barack-obama-says-united-states-only-developed-cou/). U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees (https://www.jacksonlewis.com/media/pnc/9/media.2089.pdf). Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are understandably reluctant to strike for fear of repercussions (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). For example, when the nation’s air traffic controllers engaged in an illegal strike in 1981, President Reagan fired the 11,500 striking traffic controllers and immediately hired replacements. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981 (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a result, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level (http://www.marketwatch.com/story/americans-are-trapped-in-a-cycle-of-financial-insecurity-2016-01-25).
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Holmes suggests that in order to understand something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the wealthiest 160,000 families own as much wealth as the poorest 145 million families (http://fortune.com/2014/10/31/inequality-wealth-income-us/). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave (http://www.politifact.com/truth-o-meter/statements/2015/jan/21/barack-obama/barack-obama-says-united-states-only-developed-cou/). U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees (https://www.jacksonlewis.com/media/pnc/9/media.2089.pdf). Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are understandably reluctant to strike for fear of repercussions (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). For example, when the nation’s air traffic controllers engaged in an illegal strike in 1981, President Reagan fired the 11,500 striking traffic controllers and immediately hired replacements. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981 (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a result, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level (http://www.marketwatch.com/story/americans-are-trapped-in-a-cycle-of-financial-insecurity-2016-01-25).
 In With Liberty and Justice for Some, Glenn Greenwald argues that legal inequality is both a consequence and contributor of financial and political inequality. The past four decades have witnessed the rise of a two-tiered justice system that shields and immunizes the elite from the consequences of their criminal acts, yet subjects ordinary citizens to very harsh criminal sanctions. Examples include the failure to prosecute 2008 financial fraud criminals, and Obama officials’ decision to shield Bush torturers from all accountability.
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Considering the consequences of America’s financial oligarchy, it is clear that the wealthy elite are engaged in class-based, self-interested advocacy that tilts the playing field ever more steeply in their favor to the disadvantage of ordinary citizens.
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Considering the consequences of America’s financial oligarchy, it is clear that the wealthy elites are engaged in class-based, self-interested advocacy that tilts the playing field ever more steeply in their favor to the disadvantage of ordinary citizens.
 

Moving Forward


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 -- By LaurenRoemke? - 23 Mar 2016
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America’s state in 2016 most reflects a financial oligarchy. Even though Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association and a widespread (if still contested) franchise, a few wealthy citizens and interest groups disproportionately control U.S. policymaking compared to median-income citizens (https://scholar.princeton.edu/sites/default/files/mgilens/files/gilens_and_page_2014_-testing_theories_of_american_politics.doc.pdf). Over half the money given to presidential candidates in the 2016 campaign came from just 158 families (http://www.nytimes.com/interactive/2015/10/11/us/politics/2016-presidential-election-super-pac-donors.html?_r=0), and in 2012, lobbyists and interest groups spent $6.7 billion to influence Congress (http://sunlightfoundation.com/blog/2013/11/25/how-much-lobbying-is-there-in-washington-its-double-what-you-think/). As a result, people have lost faith in our political institutions; Americans’ trust in Congress declined from 42% in 1973 to just 7% in 2014 (http://www.gallup.com/poll/171710/public-faith-congress-falls-again-hits-historic-low.aspx). There is a widespread and accurate belief that our political institutions have lost all remnants of legitimacy and can no longer be used to effectuate change, as reflected by the Occupy Wall Street movement of 2008 and citizen rage in the 2016 election. In order to dismantle the oligarchic structure and create a participatory democracy, it will help to first understand the financial oligarchy’s origins and consequences.
>
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America’s state in 2016 most reflects a financial oligarchy. Even though Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association, and a widespread franchise, a few wealthy citizens and interest groups disproportionately control U.S. policymaking compared to median-income citizens (https://scholar.princeton.edu/sites/default/files/mgilens/files/gilens_and_page_2014_-testing_theories_of_american_politics.doc.pdf). Over half the money given to presidential candidates in the 2016 campaign came from just 158 families (http://www.nytimes.com/interactive/2015/10/11/us/politics/2016-presidential-election-super-pac-donors.html?_r=0), and in 2012, lobbyists and interest groups spent $6.7 billion to influence Congress (http://sunlightfoundation.com/blog/2013/11/25/how-much-lobbying-is-there-in-washington-its-double-what-you-think/). As a result, people have lost faith in our political institutions; Americans’ trust in Congress declined from 42% in 1973 to just 7% in 2014 (http://www.gallup.com/poll/171710/public-faith-congress-falls-again-hits-historic-low.aspx). There is a widespread and accurate belief that our political institutions have lost all remnants of legitimacy and can no longer be used to effectuate change, as reflected by the Occupy Wall Street movement of 2008 and citizen rage in the 2016 election. In order to dismantle the oligarchic structure and create a participatory democracy, it will help to first understand the financial oligarchy’s origins and consequences.
 

Origins of America’s Oligarchy

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In Winner Takes All Politics, Hacker and Pierson argue that President Carter’s administration kicked off income inequality through tax code revisions. In 1978, the Carter administration and congress cut the top rate of the capital gains tax from 48% to 28% - “an enormous boon for wealthy Americans” (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america). Simultaneously, efforts to make it easier to unionize died in the Senate and a powerful business lobby defeated a proposed new agency that was to work on behalf of average Americans. Carter’s successor, Ronald Reagan, achieved a “fundamental rewriting of the nation’s tax laws in favor of winner-take-all outcomes” through his 1981 Economic Recovery and Tax Act, which cut taxes for corporations, reduced capital gains and estate taxes, and provided a 10% income tax exclusion for married couples in two-earner families (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america).
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In Winner Takes All Politics, Hacker and Pierson argue that President Carter’s administration kicked off income inequality through tax code revisions. In 1978, the Carter administration and Congress cut the top rate of the capital gains tax from 48% to 28% - “an enormous boon for wealthy Americans” (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america). Simultaneously, efforts to make it easier to unionize died in the Senate and a powerful business lobby defeated a proposed new agency that was to work on behalf of average Americans. Carter’s successor, Ronald Reagan, achieved a “fundamental rewriting of the nation’s tax laws in favor of winner-take-all outcomes” through his 1981 Economic Recovery and Tax Act, which cut taxes for corporations, reduced capital gains and estate taxes, and provided a 10% income tax exclusion for married couples in two-earner families (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america).
 These policies continued into subsequent presidencies, allowing the rich to pull ahead of everyone else. Citizens and interest groups with this accumulated wealth could now mount stronger lobbying campaigns to achieve policies that tilted the playing field ever more steeply in their favor. The U.S. Supreme Court’s decision, Citizens United v. FEC (2010), allowed the wealthy few to gain an even stronger foothold in influencing U.S. policy by allowing unlimited funds to be spent in U.S. elections. America’s financial oligarchy has its origins in the 1970’s and 80’s tax cuts for the wealthy. These tax cuts not only enabled the concentration of wealth, but also of power through use of the lobby industry, revolving door policies, and campaign finance reforms.

Consequences of America’s Oligarchy

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Holmes suggests that in order to understanding something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the wealthiest 160,000 families own as much wealth as the poorest 145 million families (http://fortune.com/2014/10/31/inequality-wealth-income-us/). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave (http://www.politifact.com/truth-o-meter/statements/2015/jan/21/barack-obama/barack-obama-says-united-states-only-developed-cou/). U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees (https://www.jacksonlewis.com/media/pnc/9/media.2089.pdf). Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are understandably reluctant to strike for fear of repercussions (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). For example, when the nation’s air traffic controllers engaged in an illegal strike in 1981, President Reagan fired the 11,500 striking traffic controllers and immediately hired replacements. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981 (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a consequence, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level (http://www.marketwatch.com/story/americans-are-trapped-in-a-cycle-of-financial-insecurity-2016-01-25).
>
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Holmes suggests that in order to understanding something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the wealthiest 160,000 families own as much wealth as the poorest 145 million families (http://fortune.com/2014/10/31/inequality-wealth-income-us/). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave (http://www.politifact.com/truth-o-meter/statements/2015/jan/21/barack-obama/barack-obama-says-united-states-only-developed-cou/). U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees (https://www.jacksonlewis.com/media/pnc/9/media.2089.pdf). Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are understandably reluctant to strike for fear of repercussions (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). For example, when the nation’s air traffic controllers engaged in an illegal strike in 1981, President Reagan fired the 11,500 striking traffic controllers and immediately hired replacements. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981 (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a result, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level (http://www.marketwatch.com/story/americans-are-trapped-in-a-cycle-of-financial-insecurity-2016-01-25).
 In With Liberty and Justice for Some, Glenn Greenwald argues that legal inequality is both a consequence and contributor of financial and political inequality. The past four decades have witnessed the rise of a two-tiered justice system that shields and immunizes the elite from the consequences of their criminal acts, yet subjects ordinary citizens to very harsh criminal sanctions. Examples include the failure to prosecute 2008 financial fraud criminals, and Obama officials’ decision to shield Bush torturers from all accountability.

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Reconciliation of Freedom and the State in 2016

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Defining the State in 2016: America’s Financial Oligarchy

 
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Bernie Sanders’ popularity among voters represents a yearning for reconciliation of the state and freedom, such that the state works to promote, rather than restrict, the freedom of the majority.
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America’s state in 2016 most reflects a financial oligarchy. Even though Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association and a widespread (if still contested) franchise, a few wealthy citizens and interest groups disproportionately control U.S. policymaking compared to median-income citizens (https://scholar.princeton.edu/sites/default/files/mgilens/files/gilens_and_page_2014_-testing_theories_of_american_politics.doc.pdf). Over half the money given to presidential candidates in the 2016 campaign came from just 158 families (http://www.nytimes.com/interactive/2015/10/11/us/politics/2016-presidential-election-super-pac-donors.html?_r=0), and in 2012, lobbyists and interest groups spent $6.7 billion to influence Congress (http://sunlightfoundation.com/blog/2013/11/25/how-much-lobbying-is-there-in-washington-its-double-what-you-think/). As a result, people have lost faith in our political institutions; Americans’ trust in Congress declined from 42% in 1973 to just 7% in 2014 (http://www.gallup.com/poll/171710/public-faith-congress-falls-again-hits-historic-low.aspx). There is a widespread and accurate belief that our political institutions have lost all remnants of legitimacy and can no longer be used to effectuate change, as reflected by the Occupy Wall Street movement of 2008 and citizen rage in the 2016 election. In order to dismantle the oligarchic structure and create a participatory democracy, it will help to first understand the financial oligarchy’s origins and consequences.
 
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Origins of America’s Oligarchy

 
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Consequences of the State

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In Winner Takes All Politics, Hacker and Pierson argue that President Carter’s administration kicked off income inequality through tax code revisions. In 1978, the Carter administration and congress cut the top rate of the capital gains tax from 48% to 28% - “an enormous boon for wealthy Americans” (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america). Simultaneously, efforts to make it easier to unionize died in the Senate and a powerful business lobby defeated a proposed new agency that was to work on behalf of average Americans. Carter’s successor, Ronald Reagan, achieved a “fundamental rewriting of the nation’s tax laws in favor of winner-take-all outcomes” through his 1981 Economic Recovery and Tax Act, which cut taxes for corporations, reduced capital gains and estate taxes, and provided a 10% income tax exclusion for married couples in two-earner families (http://www.motherjones.com/politics/2010/12/how-oligarchs-took-america).
 
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Before we can understand how to reconcile the state and freedom, we must first understand what the state is. Holmes suggests that in order to understand something, we must look at what it does, or its consequences. The federal government currently owns $1 trillion of student loan debt (Chris Denhart, Forbes), and the Congressional Budget Office expects a $149 billion profit on new direct loans to students through 2024 (Jordan Weissmann, Slate). In addition to student debt, wealth equality continues to grow, with the wealthiest 160,000 families owning as much wealth as the poorest 145 million families (Chris Matthews, Forbes). In fact, 44% of households have less than three months of savings to live above the poverty level (Quentin Fottrell, Market Watch). Under these circumstances, it is not surprising that medical bills are the biggest cause of U.S. bankruptcies (Dan Mangan, CNBC). The United States also has the highest incarceration rate in the world, with young black males making up a disproportionate share of the prison population (Tyjen Tsai & Paola Scommegna, PRB). Looking at these financial and physical constraints, it is apparent that the state restricts the freedom of the majority in favor of the elite minority. The state limits the freedom of students to choose a job other than the one that will pay off debt most quickly. The state limits the freedom of Americans to live free from fear that they will go bankrupt from medical bills, or forced into poverty from losing their jobs. In this paramilitary police state, many Americans can’t even go through their day without worry of being arrested. In the U.S., the state’s interest in control is at odds with the freedom interest of the majority of the population, and this tension has reached a breaking point.
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These policies continued into subsequent presidencies, allowing the rich to pull ahead of everyone else. Citizens and interest groups with this accumulated wealth could now mount stronger lobbying campaigns to achieve policies that tilted the playing field ever more steeply in their favor. The U.S. Supreme Court’s decision, Citizens United v. FEC (2010), allowed the wealthy few to gain an even stronger foothold in influencing U.S. policy by allowing unlimited funds to be spent in U.S. elections. America’s financial oligarchy has its origins in the 1970’s and 80’s tax cuts for the wealthy. These tax cuts not only enabled the concentration of wealth, but also of power through use of the lobby industry, revolving door policies, and campaign finance reforms.
 
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Consequences of America’s Oligarchy

 
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Antecedents of the State

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Holmes suggests that in order to understanding something, we must look at what it does, or its consequences. In order to fully understand America’s financial oligarchy, we must look at what it does. First, it is not surprising that under a financial oligarchy, wealth inequality continues to grow. Today, the wealthiest 160,000 families own as much wealth as the poorest 145 million families (http://fortune.com/2014/10/31/inequality-wealth-income-us/). Second, laws in the U.S. disproportionately favor employers over employees. Of developed countries, the U.S. has the smallest percentage of women receiving paid maternity leave (http://www.politifact.com/truth-o-meter/statements/2015/jan/21/barack-obama/barack-obama-says-united-states-only-developed-cou/). U.S. employers also have greater freedom than their European counterparts when it comes to terminating employees (https://www.jacksonlewis.com/media/pnc/9/media.2089.pdf). Lastly, unions in the U.S. have become more passive in the face of declining membership and aggressive management. Today, unions represent just 7.4% of private-sector workers and many are understandably reluctant to strike for fear of repercussions (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). For example, when the nation’s air traffic controllers engaged in an illegal strike in 1981, President Reagan fired the 11,500 striking traffic controllers and immediately hired replacements. In 2008, American unions engaged in 159 work stoppages, down from 1,352 in 1981 (http://www.nytimes.com/2009/04/05/weekinreview/05greenhouse.html). These absences of employee protections impede the ability of workers to bargain for higher wages and salaries, creating a wider gulf between the haves and the have-nots. As a consequence, very few families have enough wealth to sustain a job loss or high medical bill. In fact, 44% of households have less than three months of savings to live above the poverty level (http://www.marketwatch.com/story/americans-are-trapped-in-a-cycle-of-financial-insecurity-2016-01-25).
 
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Having seen the consequences of the state, it is also informative to look at its antecedents in order to understand how we can begin to reconcile freedom and the state (Cohen, Transcendental Nonsense). History and tradition largely inform why the state has taken its particular shape. Many of the founders of the American state were educated in English common law. As explained by Holmes in The Path of the Law, English common law developed in the “needs of kings, [and] in the assumptions of a dominant class.” These needs and assumptions were reflected in the text of the Constitution, which ascribed rights to white, male landowners. During the debates at the constitutional convention, James Madison, the Constitution’s main framer, said the government “ought to be so constituted as to protect the minority of the opulent against the majority” (Robert Yates, Avalon Project). In sum, the “U.S. Constitution put power in the hands of the wealthy, and was written to prevent, not promote, democracy” (Michael Berkowitz, Huffington Post; Noam Chomsky, Requiem for the American Dream). The State’s function as a system to limit democracy and protect the opulent minority continues today, and is fundamentally at odds with the freedom interest of the majority. As stated by Michael Berkowitz, “The course of our history has been defined by the struggles of this wealth and political power against upsurges in democratization, most notably in the 1930s labor movement and the 1960s peace, civil rights, and women’s movements” (Michael Berkowitz, Huffington Post; Noam Chomsky, Requiem for the American Dream). In the 2016 election, we are again seeing an upsurge in democratization through voter demands for Wall Street regulation, increased minimum wages, reduced college tuition, national healthcare, and campaign finance reform. The everyday experiences of the majority have undermined American idealism and loyalty and enthusiasm for existing organizations, creating the possibility for new organizations that value human dignity rather than the preservation of inequality.
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In With Liberty and Justice for Some, Glenn Greenwald argues that legal inequality is both a consequence and contributor of financial and political inequality. The past four decades have witnessed the rise of a two-tiered justice system that shields and immunizes the elite from the consequences of their criminal acts, yet subjects ordinary citizens to very harsh criminal sanctions. Examples include the failure to prosecute 2008 financial fraud criminals, and Obama officials’ decision to shield Bush torturers from all accountability.
 
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Considering the consequences of America’s financial oligarchy, it is clear that the wealthy elite are engaged in class-based, self-interested advocacy that tilts the playing field ever more steeply in their favor to the disadvantage of ordinary citizens.
 
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The Appeal of Bernie Sanders

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Moving Forward

 
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Understanding the consequences and antecedents of the state are key to understanding how it can be reconciled with freedom. As explained by Holmes, “When you get the dragon out of his cave on to the plain and in the daylight, you can count his teeth and claws, and see just what is his strength. But to get him out is only the first step. The next is either to kill him, or to tame him and make him a useful animal…the man of the future is the man of statistics and master of economics." Many voters see Bernie Sanders as a candidate who sees the state in the daylight, sees its strength in restricting the freedom of the majority, and has formulated a plan on how to revolutionize it. In this sense, Sanders is a man of the future in that he doesn’t wax poetically about the state as some “shining city upon a hill,” whose beacon light guides freedom-loving people everywhere (Reagan Farewell Speech), but rather tells the truth and reckons with social fact and statistics. When Sanders talks about a political revolution, he is talking about creating millions of decent-paying jobs, providing healthcare to all citizens, enacting campaign finance reform, eliminating mandatory minimum sentences, and ending the federal prohibition on marijuana. These measures, while not a political revolution in its truest form, can provide meaningful freedom to the majority of the population by allowing citizens to live without fear that an illness or temporary unemployment will leave them bankrupt, participate meaningfully in democratic elections, and not be imprisoned for minor offenses. At the same time, it’s important to remember that Bernie Sanders is not the answer, and will most likely not be elected. Nonetheless, Sanders’ popularity among voters marks an important moment in U.S. history; it represents a yearning among the population for reconciliation of the state and freedom, such that the state works to promote, rather than restrict, the freedom of the majority.
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The path moving forward is far from clear. Working within the system is unlikely to achieve meaningful results given the elite’s ability to maintain the status quo through resources and accumulated experience. At the same time, Theodore Roosevelt resolved America’s plutocracy of the late 19th and early 20th century through trust busting, and in 1907, banning corporate donations to federal campaigns, suggesting reform through existing channels may be possible. Ultimately, this transformation will not be easily accomplished. We must protest, advocate for change, and devise novel solutions if we are to transform our current government of the 1%, by the 1%, for the 1%, into a government of the people, by the people, for the people (http://www.vanityfair.com/news/2011/05/top-one-percent-201105).
 
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Works Cited

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  • Greenwald, Glenn (2012). With Liberty and Justice for Some. Picador.
  • Hacker, Jacob and Paul Pierson (2010). Winner-Take-All Politics: How Washington Made the Rich Richer—and Turned Its Back on the Middle Class. New York, New York: Simon & Schuster.
 
  • Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harvard Law Review 457 (1897)
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LaurenRoemkeFirstEssay 3 - 05 Mar 2016 - Main.EbenMoglen
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

Reconciliation of Freedom and the State in 2016

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Why make a citation list in a web document? Make links that will help the reader use your references.


The first thing to be done to improve the next draft is to take a portion of this material that can actually be written about in 1,000 words. If you have to go from defining the state to Bernie Sanders' campaign in that space, you will not be able to make coherent sense.

Deciding how to confine your questions also means coming up with the one most important absence in the current draft: a clearly-stated theme. That's what will go in the first paragraph of the next draft, tightly-stated enough that the reader can understand precisely what idea the subsequent paragraphs are developing. That development, which also involves dealing with obvious counterarguments or objections, would be followed by a conclusion that allows the reader to see how she can carry your idea can further for herself.

 
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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:
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Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.


LaurenRoemkeFirstEssay 2 - 19 Feb 2016 - Main.LaurenRoemke
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 It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
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 -- By LaurenRoemke - 19 Feb 2016
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Bernie Sanders’ goal to revolutionize our system of government by reconciling the public’s interests in freedom and the state’s interest in control is what sets him apart from other candidates and captivates voters.
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Bernie Sanders’ popularity among voters represents a yearning for reconciliation of the state and freedom, such that the state works to promote, rather than restrict, the freedom of the majority.
 

Consequences of the State

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Before we can understand Sanders' goal to revolutionize our system of government through reconciliation of the state and freedom, we must first understand what the state is. Holmes suggests that in order to understand something, we must look at what it does, or its consequences. The federal government currently owns $1 trillion of student loan debt (Chris Denhart, Forbes), and the Congressional Budget Office expects a $149 billion profit on new direct loans to students through 2024 (Jordan Weissmann, Slate). In addition to student debt, wealth equality continues to grow, with the wealthiest 160,000 families owning as much wealth as the poorest 145 million families (Chris Matthews, Forbes). In fact, 44% of households have less than three months of savings to live above the poverty level (Quentin Fottrell, Market Watch). Under these circumstances, it is not surprising that medical bills are the biggest cause of U.S. bankruptcies (Dan Mangan, CNBC). The United States also has the highest incarceration rate in the world, with young black males making up a disproportionate share of the prison population (Tyjen Tsai & Paola Scommegna, PRB). Looking at these financial and physical constraints, it is apparent that the state restricts the freedom of the majority in favor of the elite minority. The state limits the freedom of students to choose a job other than the one that will pay off debt most quickly. The state limits the freedom of Americans to live free from fear that they will go bankrupt from medical bills, or forced into poverty from losing their jobs. In this paramilitary police state, many Americans can’t even go through their day without worry of being arrested. In the U.S., the state’s interest in control is at odds with the freedom interest of the majority of the population, and this tension has reached a breaking point.
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Before we can understand how to reconcile the state and freedom, we must first understand what the state is. Holmes suggests that in order to understand something, we must look at what it does, or its consequences. The federal government currently owns $1 trillion of student loan debt (Chris Denhart, Forbes), and the Congressional Budget Office expects a $149 billion profit on new direct loans to students through 2024 (Jordan Weissmann, Slate). In addition to student debt, wealth equality continues to grow, with the wealthiest 160,000 families owning as much wealth as the poorest 145 million families (Chris Matthews, Forbes). In fact, 44% of households have less than three months of savings to live above the poverty level (Quentin Fottrell, Market Watch). Under these circumstances, it is not surprising that medical bills are the biggest cause of U.S. bankruptcies (Dan Mangan, CNBC). The United States also has the highest incarceration rate in the world, with young black males making up a disproportionate share of the prison population (Tyjen Tsai & Paola Scommegna, PRB). Looking at these financial and physical constraints, it is apparent that the state restricts the freedom of the majority in favor of the elite minority. The state limits the freedom of students to choose a job other than the one that will pay off debt most quickly. The state limits the freedom of Americans to live free from fear that they will go bankrupt from medical bills, or forced into poverty from losing their jobs. In this paramilitary police state, many Americans can’t even go through their day without worry of being arrested. In the U.S., the state’s interest in control is at odds with the freedom interest of the majority of the population, and this tension has reached a breaking point.
 

Antecedents of the State

Line: 21 to 20
 Having seen the consequences of the state, it is also informative to look at its antecedents in order to understand how we can begin to reconcile freedom and the state (Cohen, Transcendental Nonsense). History and tradition largely inform why the state has taken its particular shape. Many of the founders of the American state were educated in English common law. As explained by Holmes in The Path of the Law, English common law developed in the “needs of kings, [and] in the assumptions of a dominant class.” These needs and assumptions were reflected in the text of the Constitution, which ascribed rights to white, male landowners. During the debates at the constitutional convention, James Madison, the Constitution’s main framer, said the government “ought to be so constituted as to protect the minority of the opulent against the majority” (Robert Yates, Avalon Project). In sum, the “U.S. Constitution put power in the hands of the wealthy, and was written to prevent, not promote, democracy” (Michael Berkowitz, Huffington Post; Noam Chomsky, Requiem for the American Dream). The State’s function as a system to limit democracy and protect the opulent minority continues today, and is fundamentally at odds with the freedom interest of the majority. As stated by Michael Berkowitz, “The course of our history has been defined by the struggles of this wealth and political power against upsurges in democratization, most notably in the 1930s labor movement and the 1960s peace, civil rights, and women’s movements” (Michael Berkowitz, Huffington Post; Noam Chomsky, Requiem for the American Dream). In the 2016 election, we are again seeing an upsurge in democratization through voter demands for Wall Street regulation, increased minimum wages, reduced college tuition, national healthcare, and campaign finance reform. The everyday experiences of the majority have undermined American idealism and loyalty and enthusiasm for existing organizations, creating the possibility for new organizations that value human dignity rather than the preservation of inequality.
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Bernie Sanders & Revolution

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The Appeal of Bernie Sanders

 
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Understanding the consequences and antecedents of the state are key to a political revolution. As explained by Holmes, “When you get the dragon out of his cave on to the plain and in the daylight, you can count his teeth and claws, and see just what is his strength. But to get him out is only the first step. The next is either to kill him, or to tame him and make him a useful animal…the man of the future is the man of statistics and master of economics." Bernie Sanders sees the state in the daylight, sees its strength in restricting the freedom of the majority, and has formulated a plan on how to revolutionize it. Sanders is a man of the future in that he doesn’t wax poetically about the state as some “shining city upon a hill,” whose beacon light guides freedom-loving people everywhere (Reagan Farewell Speech), but rather tells the truth and reckons with social fact and statistics. When Sanders talks about a political revolution, he is talking about how we can create millions of decent-paying jobs, provide healthcare to all citizens, enact campaign finance reform, eliminate mandatory minimum sentences, and end the federal prohibition on marijuana. These measures can provide meaningful freedom to the majority of the population by allowing citizens to live without fear that an illness or temporary unemployment will leave them bankrupt, participate meaningfully in democratic elections, and not be imprisoned for minor offenses. At the same time, it’s important to remember that Bernie Sanders is not the answer. A true political revolution will require continued public involvement in the revolution after election seasons are over, as well as senators, governors, and representatives who support the same programs as Sanders. Sanders’ popularity among voters marks an important moment in U.S. history; it represents a yearning among the population for reconciliation of the state and freedom, such that the state works to promote, rather than restrict, the freedom of the majority.
>
>
Understanding the consequences and antecedents of the state are key to understanding how it can be reconciled with freedom. As explained by Holmes, “When you get the dragon out of his cave on to the plain and in the daylight, you can count his teeth and claws, and see just what is his strength. But to get him out is only the first step. The next is either to kill him, or to tame him and make him a useful animal…the man of the future is the man of statistics and master of economics." Many voters see Bernie Sanders as a candidate who sees the state in the daylight, sees its strength in restricting the freedom of the majority, and has formulated a plan on how to revolutionize it. In this sense, Sanders is a man of the future in that he doesn’t wax poetically about the state as some “shining city upon a hill,” whose beacon light guides freedom-loving people everywhere (Reagan Farewell Speech), but rather tells the truth and reckons with social fact and statistics. When Sanders talks about a political revolution, he is talking about creating millions of decent-paying jobs, providing healthcare to all citizens, enacting campaign finance reform, eliminating mandatory minimum sentences, and ending the federal prohibition on marijuana. These measures, while not a political revolution in its truest form, can provide meaningful freedom to the majority of the population by allowing citizens to live without fear that an illness or temporary unemployment will leave them bankrupt, participate meaningfully in democratic elections, and not be imprisoned for minor offenses. At the same time, it’s important to remember that Bernie Sanders is not the answer, and will most likely not be elected. Nonetheless, Sanders’ popularity among voters marks an important moment in U.S. history; it represents a yearning among the population for reconciliation of the state and freedom, such that the state works to promote, rather than restrict, the freedom of the majority.
 

Works Cited


LaurenRoemkeFirstEssay 1 - 19 Feb 2016 - Main.LaurenRoemke
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META TOPICPARENT name="FirstEssay"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Reconciliation of Freedom and the State in 2016

-- By LaurenRoemke - 19 Feb 2016

Bernie Sanders’ goal to revolutionize our system of government by reconciling the public’s interests in freedom and the state’s interest in control is what sets him apart from other candidates and captivates voters.

Consequences of the State

Before we can understand Sanders' goal to revolutionize our system of government through reconciliation of the state and freedom, we must first understand what the state is. Holmes suggests that in order to understand something, we must look at what it does, or its consequences. The federal government currently owns $1 trillion of student loan debt (Chris Denhart, Forbes), and the Congressional Budget Office expects a $149 billion profit on new direct loans to students through 2024 (Jordan Weissmann, Slate). In addition to student debt, wealth equality continues to grow, with the wealthiest 160,000 families owning as much wealth as the poorest 145 million families (Chris Matthews, Forbes). In fact, 44% of households have less than three months of savings to live above the poverty level (Quentin Fottrell, Market Watch). Under these circumstances, it is not surprising that medical bills are the biggest cause of U.S. bankruptcies (Dan Mangan, CNBC). The United States also has the highest incarceration rate in the world, with young black males making up a disproportionate share of the prison population (Tyjen Tsai & Paola Scommegna, PRB). Looking at these financial and physical constraints, it is apparent that the state restricts the freedom of the majority in favor of the elite minority. The state limits the freedom of students to choose a job other than the one that will pay off debt most quickly. The state limits the freedom of Americans to live free from fear that they will go bankrupt from medical bills, or forced into poverty from losing their jobs. In this paramilitary police state, many Americans can’t even go through their day without worry of being arrested. In the U.S., the state’s interest in control is at odds with the freedom interest of the majority of the population, and this tension has reached a breaking point.

Antecedents of the State

Having seen the consequences of the state, it is also informative to look at its antecedents in order to understand how we can begin to reconcile freedom and the state (Cohen, Transcendental Nonsense). History and tradition largely inform why the state has taken its particular shape. Many of the founders of the American state were educated in English common law. As explained by Holmes in The Path of the Law, English common law developed in the “needs of kings, [and] in the assumptions of a dominant class.” These needs and assumptions were reflected in the text of the Constitution, which ascribed rights to white, male landowners. During the debates at the constitutional convention, James Madison, the Constitution’s main framer, said the government “ought to be so constituted as to protect the minority of the opulent against the majority” (Robert Yates, Avalon Project). In sum, the “U.S. Constitution put power in the hands of the wealthy, and was written to prevent, not promote, democracy” (Michael Berkowitz, Huffington Post; Noam Chomsky, Requiem for the American Dream). The State’s function as a system to limit democracy and protect the opulent minority continues today, and is fundamentally at odds with the freedom interest of the majority. As stated by Michael Berkowitz, “The course of our history has been defined by the struggles of this wealth and political power against upsurges in democratization, most notably in the 1930s labor movement and the 1960s peace, civil rights, and women’s movements” (Michael Berkowitz, Huffington Post; Noam Chomsky, Requiem for the American Dream). In the 2016 election, we are again seeing an upsurge in democratization through voter demands for Wall Street regulation, increased minimum wages, reduced college tuition, national healthcare, and campaign finance reform. The everyday experiences of the majority have undermined American idealism and loyalty and enthusiasm for existing organizations, creating the possibility for new organizations that value human dignity rather than the preservation of inequality.

Bernie Sanders & Revolution

Understanding the consequences and antecedents of the state are key to a political revolution. As explained by Holmes, “When you get the dragon out of his cave on to the plain and in the daylight, you can count his teeth and claws, and see just what is his strength. But to get him out is only the first step. The next is either to kill him, or to tame him and make him a useful animal…the man of the future is the man of statistics and master of economics." Bernie Sanders sees the state in the daylight, sees its strength in restricting the freedom of the majority, and has formulated a plan on how to revolutionize it. Sanders is a man of the future in that he doesn’t wax poetically about the state as some “shining city upon a hill,” whose beacon light guides freedom-loving people everywhere (Reagan Farewell Speech), but rather tells the truth and reckons with social fact and statistics. When Sanders talks about a political revolution, he is talking about how we can create millions of decent-paying jobs, provide healthcare to all citizens, enact campaign finance reform, eliminate mandatory minimum sentences, and end the federal prohibition on marijuana. These measures can provide meaningful freedom to the majority of the population by allowing citizens to live without fear that an illness or temporary unemployment will leave them bankrupt, participate meaningfully in democratic elections, and not be imprisoned for minor offenses. At the same time, it’s important to remember that Bernie Sanders is not the answer. A true political revolution will require continued public involvement in the revolution after election seasons are over, as well as senators, governors, and representatives who support the same programs as Sanders. Sanders’ popularity among voters marks an important moment in U.S. history; it represents a yearning among the population for reconciliation of the state and freedom, such that the state works to promote, rather than restrict, the freedom of the majority.

Works Cited


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.


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