Rothchild: “Ancient wisdom” in MI’s new redistricting process

John Rothchild, Professor of Law at Wayne State University, writes approvingly in The Conversation about Michigan’s new allotted electoral redistricting commission. Rather naively, Rothchild seems to believe that democratic redistricting could result in the selection of “representatives who truly reflect [citizens’] political preferences”. Alas, this is more than mere redistricting can deliver, however well done.

How, then, should Michigan’s decision to assign unskilled members of the public the job of drawing nonpartisan election districts be evaluated?

Redistricting is a complex task. Michigan’s Constitution says that the districts must be drawn in compliance with federal law. That includes a requirement that voting districts have roughly the same population. It also requires that the districts “reflect the state’s diverse population and communities of interest,” and “not provide a disproportionate advantage to any political party.”

Dividing the map to meet all of these criteria is not likely to be within the capabilities of a group of randomly selected citizens.

There are several reasons to think that the redistricting commission will nevertheless prove adequate to the task.
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Cirone: Lotteries in Political Selection

A 2019 paper by Alexandra Cirone, Assistant Professor of Government at Cornell University, is titled “When democracy is broken roll the dice: Lotteries in political selection”.

There is a long tradition in political science and law that analyzes the benefits of lotteries in political selection (Manin 1997; Elster 1989; Engelstad 1989; Dowlen 2009; Duxbury 1999; Ober 1993 among many others). Most readers will be familiar with selection by lottery – also called sortition – where individuals are randomly chosen for political office.

The element of chance in a lottery has always captured our imaginations. Yet from a policy perspective, lotteries are now being proposed in various forms to address democratic deficits. Lottery-based selection of high-ranking politicians have been suggested for the national parliaments of the UK and France, as well as for the supranational institutions of the European Union. Citizens assemblies have been implemented in a wide range of countries, at both the local and national levels (Fishkin 2011).

However, lottery-based political selection is no panacea. There are a number of shortcomings to these processes. First, no matter which selection rule, it is likely that elites can still be disproportionately involved in politics, and lotteries don’t insulate all democratic institutions from partisan or corrupt pressures. Second, politics benefits from investment in expertise and career politicians; the uncertainty inherent in random selection of permanent institutions could disincentivize potential candidates from acquiring skills or experience. Alternatively, problems with recruitment and attrition from selected citizens will always be an issue with lottery-based selection; and randomly chosen officials might lack democratic legitimacy, which could impair their ability to do their job well. Third, even implementing lotteries in the form of temporary citizens assemblies require time, resources, and careful design of the process. Lotteries are also difficult to endogenously implement, particularly at top levels of governance — political parties and other groups are too invested in current systems of selection, so it is unlikely we will see a return to the pure sortition of ancient times.

Still, there is distinct promise to the use of lotteries in political selection, to help include more citizens in the democratic process. By examining unique institutional experimentation in the past, and by adapting democratic initiatives based on more recent instances of lottery-based selection, it may be possible to alleviate current democratic shortcomings.

Knowing your arse from your Albo: how political parties might access the ‘blind break’ to get better leaders

Herewith a brief post I wrote for my (mostly Australian) audience sketching out one possible use of sortition within a political party rather than the political system itself. As those reading this blog with any attentiveness will know, this is part of my own approach to sortition as one of a number of ‘hacks’ that can help unpick some of the pathologies of oligarchies of various kinds both specific and systemic.

A lottery is a defensible way of making a decision when, and to the extent that, it is important that bad reasons be kept out of the decision.
Peter Stone

Left of centre parties have been serving up seriously, obviously bad candidates for years now. That happened at the last election in the US and will happen at the next one. It’s happened at the last two elections in Australia and looks like happening at the next one. This nearly happened to the Liberal Government in Australia when they nearly acquired Peter Dutton as leader.

Why?
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Burnheim and Gruen on the path toward sortition

An exchange between John Burnheim and Nicholas Gruen on the way to introduce sortition into contemporary political systems.

Burnheim:

Scrap attempts to reforming politics as a whole. From a practical point of view attempts to do so by legal constitutional change have no possibility of succeeding from a theoretical point of view, it is folly to assume that if we agree broadly about principle and are motivated to act we will reach a practical agreement. As soon as you analyse the range of possibilities that emerge once one envisages ways of putting all those abstract principles into practice, the more one runs into a host of incompatible proposals.

IIUC, Burnheim argues that the political system either fails to recognize “known and recognised needs” or fails to recognize that established policy does not address those needs. Bodies that are supposed to recognize and address the needs “operate primarily in the interests of those who have power […] rather than the public interest”.

My view is that while it’s no panacea, [there] is likely to be a very effective role for specialised committees of citizens chosen by sortition. I also think that sortition for very specialised tasks is the way forward for many public activities. Don’t concentrate on what juries can’t do, but on instances where they are likely to do something useful.

Gruen:

There are three ‘poles’ of democracy. Direct democracy is one way to do democracy – but it’s both impractical and ill-advised even as an ideal in my view. This leaves representative democracy and I can think of two very different ways of selecting representatives. Competitively through elections and via sortition.

My entire program revolves around finding whatever ways might be possible to inject the latter into a system dominated by the former – whether those ways are large or small.
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Shaw: A transfer of power from the elite to the masses

Ethan Shaw advocates sortition in International Policy Digets:

Voter reform in America aims to increase turnout in elections, however, this focus dismisses the glaring weaknesses of the American democratic process. Congressional approval ratings are abysmally low, and you have probably heard the phrase “Congress is not doing their job” countless times. The problem is not about the accessibility to the ballot box; it is the inconsequentiality of voting that keeps people home on election day. So how does one solve the systemic issues with Congress that promotes voter apathy? By going back to the birthplace of democracy.

A Civic Duty to Legislate

The United States should have mandatory legislative service. Ancient Athenian citizens were randomly selected to serve a 1-year term in a legislative assembly. This process is known as sortition and has been purported by democratic reformists across the globe. In the American political discourse, sortition has never been fully discussed as a viable replacement to the current legislative infrastructure. Many individuals scoff at the idea, worried that random selection will create a legislature full of inept buffoons.

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Wachtel: Let’s Choose Legislators Randomly from the Phone Book

Ted Wachtel is the founder of a political organization called “Building A New Reality“. He is a sortition advocate.

Kleroterion 2.0; Our Once and Future Escape Key

This is the third post in a series on Barbara Goodwin’s classic work on sortition Justice by Lottery, University of Chicago Press, Chicago, 1992. The first post is here and the second post is here.

There are mass demonstrations in cities throughout the United States and around the world against racism, sparked by the murder of George Floyd, a Black man in Minneapolis who was recorded being choked to death by a police officer while in custody. Among his last words, “Please, I can’t breathe” are now a slogan repeated and sung around the world, a metaphor for the stifling nature of racialized oppression. Here in Ontario — the Toronto-Niagara Golden Horseshoe region is the most racial and ethnically diverse in the world, a place where immigrants are popular and in Toronto  are actually the majority –there have still been large street demonstrations against deaths-while-in-custody of certain Black and Indigenous people who were suffering from mental illness. Why is it, Toronto activists ask, that money meant to alleviate problems in poor neighbourhoods is directed away from local social workers and towards force, armed police and other arbitrary measures? In the Canadian Parliament, Elizabeth May, leader of the opposition Green Party, summarized a large part of the problem,

She urged an inquiry to weed out white-power groups in Canada and make sure they are not infiltrating police forces. `Because if there is one thing scarier than a white supremacist with a gun, it’s a white supremacist with a gun in uniform.’ (1)

Mr. Floyd’s plea for air resonates so universally because none are guarding the guardians. Clearly, bullies in uniform tasked with enforcing social distancing laws are targeting and persecuting visible minorities, worsening the climate of fear that visible minorities already suffer under. The democratic institutions that depend upon justice, especially but not exclusively the police, to uphold the rule of law are blocking reform and accountability and stifling the very purpose for which they exist, to serve the social good, protect the vulnerable and assure the safety, order and security of everyone, not just the privileged. So, these are the questions of the hour: How can democracies end the perilous insularity of the police? How do we reinstate badly degraded trust in authority? Why is the guardian branch of governance so prone to corruption, bullying and infiltration by sociopaths? How do we end the vicious cycle of escalating violence, reaction and oppression?
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Reginald Walter Macan: early sortition advocate

The February 1892 issue of The Classical Review (vol. 6, No. 1/2) has a review by Reginald Walter Macan of James Wycliffe Headlam’s Election by Lot at Athens which was published the year before.

Macan talks approvingly of Headlam’s analysis of the rationale behind the use of sortition in Athens:

The Lot was used in the Athenian democracy for two main purposes, as Mr. Headlam explains clearly enough: to constitute bodies, that represented the sovran people, or were committees, commissions of the same (p. 161); to secure rotation of office (p. 94) — both these purposes being subordinate to the supreme end, the sovranty of the whole people.

However, in regards to the representation function, Macan is radically reinterpreting Headlam. The “representation” discussed in page 161 of Headlam’s book is that of carrying out technical, apolitical functions which require no judgement and which any Athenian would have performed in the same way.

The inspectors, then, were appointed by the people to act as stewards or bailiffs. The people was the owner of a large business establishment; the inspectors had to do the work of superintendence over the workmen which the owner had not time to do himself. They were a committee of the Assembly, or council, who were appointed by lot because they represented the whole people. The whole of the demos could not go together to the dockyards to see that the new ships which had been ordered were properly built, so they deputed a few of their number to do so, and as a matter of course, as in all such committees, made the appointment by lot.
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Taylor: The principle of distinction at Athens

A 2007 paper by Claire Taylor (“From the Whole Citizen Body?”, Hesperia 76, 2007) explores the composition of elected and allotted bodies in Athens.

From the Whole Citizen Body? The Sociology of Election and Lot in the Athenian Democracy

Abstract: In this article the author examines the sociology of selection procedures in the Athenian democracy. The role of election and lot within the political system, the extent (or lack) of corruption in the selection of officials, and the impact of the selection procedure on political life are considered. A comparison of selection procedures demonstrates that the lot was a relatively democratic device that distributed offices widely throughout Attica, whereas elections favored demes near the city. The reasons for these different patterns of participation are examined.

Taylor’s findings, which rely on deme-membership statistics of holders of various Athenian state offices, confirm the theoretical expectations: elections favored city demes while sortition did not.
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Étienne Chouard: Public decision-making from the perspective of the common good, Part 5/5

Previously published parts of this essay are the Introduction, Part 1, Part 2, Part 3 and Part 4.

(ii) Constitutional workshops, a practical tool for popular education for training a multitude of citizen constitution-writers, guardians of the common good

Representative government (falsely called “representative democracy” – a deceptive oxymoron) is a regime of domination of the voters by the elected, was never willfully adopted and was imposed from the outset by the elected (Sieyes, Madison, etc.). The solution will not come from the elected, who are the problem since they usurp the constitutive power. The solution must come from elsewhere: from the citizens themselves.

The emancipation of the voters, their transformation into citizens, demands the institution of their political empowerment and it should therefore be the voters who practice constitution-writing themselves.

1. A citizen worthy of this name must be vigilant, and therefore a constitution-writer

Vigilance has long been described as an essential quality of a citizen.

Plato:

When a man will not himself hold office and rule, his chief penalty is to be governed by someone worse [Republic, Book 1, p. 347c].

Thucydides:

A man who takes no part in political matters we regard not as unambitious but as useless [Pericles’s Funeral Oration, The Peloponnesian War, Book 2.34-46].

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