October 15, 2007 · Lessig
As I think through this issue of corruption, I am brought back again and again to the differences in an institution’s sense that the rules should be followed. For example, the great thing about the Supreme Court — an institution I would criticize on substantive grounds in lots of contexts — is that the culture of the place is that people follow the rules. Perhaps clerks do more of the writing than one would want, but the institution is basically doing what the framers imagined it would be doing. And it does so with everyone in that institution following the rules. Compared, for example, with the FCC, where the staff apparently thinks following the rules is just an option, not a requirement, in my experience at the Court, no clerk would ever have had any contact with a party to a case, or discuss the proceedings of the court during the time it is considering a case. The difference, again, as I argue in Corruption vAlpha, is one of culture.
So then this story about the Texas legislature is just perfect in making the same point. The point is not really about the significance of the act. It is about the culture it reveals. There is a plain rule the prohibits what you will see in this video. The Texas legislature is a culture where the rules apparently don’t matter.
Thanks to Laurie for linking me to this via BlacklistedNews. Also directly related: Elizabeth Williamson’s piece in the Post: Getting Around Rules on Lobbying. Thanks to friends who sent the link to make sure I saw this.