Lessig's point isn't moot.
Democracies don't work because the masses tend to be undereducated in ways that matter to make policy decisions. So you set things up as representative systems - which we have in our republic.
But what if someone found some way to buy the favor of every single person that matter at the level of representatives? And which levels of such in a stratified system matter?
My home county has 3 people in the state congress to represent us (two of which represent a district made up of several counties). If you wanted to buy the local politics, it's probably pretty cheap - two out of three is easy enough, after all. You could cut off every person who voted for those three by giving them some incentive to do things your way instead of everyone else's way. So that's a great way to silence the voices of some, I don't know, let's just give a generous estimate at 20,000 people? (It's rural here.) 20,000 people silenced so that one person can have their way.
And, yes, I'm well aware that those still have to vote in the state senate and there's all these other elected officials they're voting alongside, but what matters is *those people would only actually be voting on behalf of one person instead of all the people they were elected to represent*. And more likely the stuff that doesn't matter to the one person... don't matter. It's where it's down to who paid the piper that they'll sing his tune, so to speak. ...
Now, scale out to something national and ask yourself this: The state of West Virginia has "only" 2 Senators and "only" 3 Representatives in the national Congress. That's only one more you need than at the local level to functionally silence all of the state of West Virginia, and maybe the numbers are larger but the point remains that - if you could find the right incentive - you only need to tempt three or four people enough to get your way and functionally silence ~1.85 million people when it comes to getting your way. ...
We would hope such people would be incorruptible. And certainly Manchin has always been a good man in person and seemed to have his head on straight so far as what West Virginia needs (no, I'm not proud of coal, but it drives our economy) since before he was a Congresscritter. But the reality is that they're only human and could be tempted, and our system is set up in such a way right now that offering temptation isn't only legal - it's *trivial*.
I'm not a very wealthy man. I can't just have my way.
But I'd like to think that my vote is 1/1.85 millionth of what ultimately goes into my representative's considerations. Wouldn't you, if you hailed from West Virginia? And if something prevented that from being the case, wouldn't you be quite angry? And that's where Lessig's come from consistently with his MayDay PAC and his movements related to it. It would appear that they vote in line with where the bribes are at, and we need to make it at least less trivial to make such offers. Bribes aren't unexpected, but they need to be less easy to make.
This comment's a novel. My head is never quite clear, but I think the point is graspable.