Threlkeld: Referendums not ideal for public input

Referendums not ideal for public input on laws, taxes

Simon Threlkeld
The Spectator [Hamilton, Ont] 16 Dec 1998: A11.

Monday, Mike Harris tabled his Balanced Budget and Taxpayers Protection Act. The act requires the Ontario government to get public consent in a referendum vote before increasing corporate, personal, retail, gasoline and employer health taxes.

One of the basic ideas of democracy is that the government ought to carry out the wishes of the people. In a fully democratic society, government would not be able to impose laws the public does not want. Instead, the government’s laws would require public consent.

Mike Harris and his cabinet think public consent is a great idea for certain tax increases they happen to oppose. But when it comes to requiring public consent for any legislation they might support, it’s no thanks.

However, the democratic approach is for all laws to get public consent, not just those hand-picked by a particular government.
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Lasserre: Sortition in politics – the false good idea, part 2

This is the second and final part of a translation of an article by Tommy Lasserre. The first part is here. Again, proofreading and corrections of the translation are welcome.

Sortition eliminates popular participation

While fewer and fewer Frenchpeople bother vote, the membership of parties evaporates, the feeling of powerlessness intensifies, the advocates of stochocracy seem to think that the new selection mechanism could revitalize popular participation. After all, since each person could be called upon to assume political responsibilities, or see their spouse, their neighbor, or their colleague be called to assume them, it is natural that they would grow interested in political questions. Likewise, the disappearance of the political caste would restore the enthusiasm which multiple betrayals have drained over the years. However, this argument in favor of sortition seems unconvincing.

First, everyone must know that the chance of finding yourself sitting in the assembly, or even seeing one of your acquaintances sitting in the assembly, remains extremely small. Using the proposal discussed in the introduction and considering the existing electorate, there are 45 million registered voters (that is without considering those who meet the criteria but are not registered, or expected population growth), the sample selected for exercising the sovereignty for the people in the assembly would represent 0.004% of the electorate. This means that each year only one person in 25,000 would be drawn. Of course, this is better than the chance at the lottery, but it must be admitted that the chances of knowing someone who was allotted remain tiny.
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Two recent sortition advocacy pieces by Simon Threlkeld

Simon Threlkeld is a former Toronto lawyer (law degree from Osgoode Hall Law School), holds an MA in philosophy (University of Toronto), and writes about democracy. In 1998 he published an article in the academic journal Social Policy titled “A blueprint for democratic law-making: Give citizen juries the final say” whose abstract is below.

17 years later, Threlkeld is still a committed advocate for sortition, and has two recent pieces in the Canadian press advocating the use of sortition in order to democratize the Canadian government and media. In both cases Threlkeld is not proposing to use sortition to select office holders, but rather to use sortition to select committees that would appoint the office holders.

In September Threlkeld proposed in the National Post to have the Canadian Senate members appointed by randomly selected juries:

Simon Threlkeld: Select senators by jury

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How to make your $$$$ lose value — randomly

Imagine that the Fed were to announce that, a year from today, it would pick a digit from zero to 9 out of a hat. All currency with a serial number ending in that digit would no longer be legal tender. Suddenly, the expected return to holding currency would become negative 10 percent.

This, was the suggestion put forward in 2009 by the economist N. Gregory Mankiw, chairman of the Council of Economic Advisers under President George W. Bush, to overcome the ‘problem’ that the dollar/pound/euro in your pocket could not be taxed when inflation falls below zero.

Papirblat: Getting selected to the Belgian Senate via the lottery

Shlomo Papirblat reports from Brussels in the Israeli newspaper “Haaretz”:

A proposal to select the members of the Belgian Senate at random gains surprising support from politicians in Brussels. The chairperson of the socialist party: “Traditional politics is ailing and new ways have to be considered.”

Senior politicians in Brussels are supporting a legislative reform that could revolutionize Belgian democracy: according to the plan members of the Senate – the upper chamber of the nation’s parliament – would be selected in a lottery that would be held once every four years among the citizenry. The chairperson of the socialist party in the Belgian parliament, Laurette Onkelinx, a former vice prime minister, is saying that “traditional politics is ailing and new ways have to be considered.”

In an interview prominently published Wednesday in the highly regarded “Le Soir” Onkelinx explains that “today’s politicians are generally required to get involved in burning social issues but they are behind – they can’t keep up. On the other hand, more and more grassroot and activist-developed social initiatives are involved in generating solutions.” When addressing the question of who can democracy of “professionals” can be combined with present-day requirements, she said that she thinks that “sortition needs to be adopted to bring normal people to the legislature, at least half the members of the house.”

Parliament members standing outside the federal parliament building in Brussels, 2012

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Dollarocracy

The corrupting effects of “money in politics” – campaign finance and lobbying – are a frequent target for political reform. The underlying idea for this agenda seems to be that elected officials promote particular interests because they expect monetary reward, either as contribution for their re-election campaigns or, through some other channel, to their personal pockets.

Lawrence Lessig, law professor at Harvard, has now announced a presidential campaign that he presents as being based solely on the notion of tackling the corrupting influence of money in politics. Lessig seems to believe that a wide consensus among US voters can be created around this issue and that this issue would be compelling enough for voters to de-prioritize other issues to support this one since – as Lessig presents things – the issue of money in politics is preliminary to all other issues because until it is dealt with the corrupting influence of money makes progress on other issues unfeasible.

Lessig’s presents three items in his reform agenda. Two of those items – changing the way electoral districts are created, and reducing obstacles to voting – are commonplace electoral reform items and seem not to have much to do with money in particular. The third item is about pouring more money into electoral campaign – either by using public-funded matching or by using campaign funds vouchers. Those are presumably supposed to decrease the corrupting influence of money because the additional campaign funds are not a-priori unequally distributed.

Lessig seems to believe that with his activism and with this campaign he is striking at the root of the problem of modern politics. There are several reasons to infer that he is misguided.
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“Lottery Voting: A Thought Experiment” by Akhil Reed Amar

“Lottery Voting: A Thought Experiment” is a 1995 article by Akhil Reed Amar, perhaps the most influential Constitutional Law theorist in the US.

In the article Amar proposes using the lottery to determine representation only after a standard election campaign has determined the percentage of support each candidate has received.

In this case then, the ‘statistical representation’ (which he champions) would be only of those citizens willing to go through the process of standing for election.

This is much less representative — and less attractive to me — than eliminating campaigning altogether… and using only two parameters to enter the lot: 1.) registration for it, indicating a willingness to serve if chosen; 2.) a simple civics test (such as the Naturalization Test in the U.S.).

A permanent allotted anti-corruption body is a realistic meaningful reform

From an interview with investigative reporter Lee Fang about the recent retirement of Eric Holder from his job as Attorney General of the US and his resumption of his job at the law firm Covington & Burling:

Lee Fang: One of the perhaps most cynical and and most prevalent ways that you can legally bribe a government official or an elected official is to wait to give them a multi-million dollar check, not while they’re in office, but as soon as they retire. So if a politician helps a bank or an oil company, that oil company can’t directly buy them a boat or give them a million-dollar check. But if they wait until that official retires from office, as soon as they step out the door of Congress and find an employment contract with a lobbying firm or a big bank, then they can accept a multi-million-dollar payday; and so it’s simply delayed bribery, in my perspective.

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Linker: An absolute democracy would assign political offices by lot

Damon Linker’s argument against compulsory voting weaves in Plato and the Socratic argument for aristocracy. His reasoning is an interesting modernization of the classical aristocratic mindset. His point about the contestability of excellence is good, and he makes use of it as a justification of electoralism.

A democracy gives every adult citizen a very small say in who rules. An individual doesn’t have to prove that he’s thoughtful or informed to exercise that right. As Plato argued 2,300 years ago, this makes democratic politics exceedingly peculiar. We don’t take a vote to determine the medical treatments that doctors prescribe, and neither do we ask for a show of hands about how to construct a bridge or a building. And yet we think it’s perfectly reasonable to ask for everyone’s opinion about what policies our country should pursue at home and abroad.

That’s because in politics, unlike in medicine and engineering, the act of determining who does and does not possess knowledge and wisdom is exceedingly contentious. (One might say it’s a political act in itself.) So we solve — or rather, we sidestep — the problem by letting everyone have a say.
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Israel’s gas wealth should be managed by a citizens’ jury

An English version of an op-ed piece I wrote recently. I am still looking for an Israeli mass media venue that would publish it.

Another round in the long struggle over the way Israel’s gas fields are to be exploited is upon us. Like most of Israel’s citizens, my understanding of the technical and economic details associated with this matter is sketchy. It is clear to me that a very lucrative resource is involved and that there are various proposals about how to deal with it – proposals which will see the value of this resource divided in different ways among different groups. Beyond that things are rather murky as far as I know. It seems that politically powerful people are exerting political pressure to obtain parts of the value of the gas wealth and that at least some of these people have personal, business or political connections to government officials. Like a large majority in the Israeli public I suspect that the balance of powers in the government serves primarily narrow interests (“the tycoons”) rather than serving the general public. Having said that, I have not followed the details and I cannot confidently say who is associated with whom and whose interests are served by each proposal.
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