The U.S. Constitutional Convention Considered a Lottery to Select The Electoral College

Posted on November 14, 2016 by tbouricius

convention-debatesWith Donald Trump winning a majority in the Electoral College and Hillary Clinton receiving the plurality of the popular vote, the role of the Electoral College is once again in the news.

For those interested in the history of the use and consideration of lotteries in political decisions making, here is an interesting little tid bit. During the debate at the Constitutional Convention about how the President should be selected, there was a lot of discussion of the pros and cons of various schemes for selecting the Chief Executive. Possibilities included allowing a national popular vote, having Congress elect (as in a parliamentary system), having the state legislatures elect, or having one-time electors (an Electoral College), choose the president of the United States.

According to James Madison’s notes, James Wilson, one of the most important and influential delegates to the Constitutional Convention, proposed that the electors for the Electoral College be chosen by lot from among the members of Congress.

Tuesday, July 24, 1787 notes by James Madison

Mr. WILSON then moved, that the Executive be chosen every — years by — Electors, to be taken by lot from the National Legislature, who shall proceed immediately to the choice of the Executive, and not separate until it be made.

Mr. CARROLL seconds the motion.

Mr. GERRY. This is committing too much to chance. If the lot should fall on a set of unworthy men, an unworthy Executive must be saddled on the country. He thought it had been demonstrated that no possible mode of electing by the Legislature could be a good one.

Mr. KING. The lot might fall on a majority from the same State, which would insure the election of a man from that State. We ought to be governed by reason, not by chance. As nobody seemed to be satisfied, he wished the matter to be postponed.

Mr. WILSON did not move this as the best mode. His opinion remained unshaken, that we ought to resort to the people for the election. He seconded the postponement.

Mr. GOUVERNEUR MORRIS observed, that the chances were almost infinite against a majority of Electors from the same State.

On a question whether the last motion was in order, it was determined in the affirmative, — ayes, 7; noes, 4.

On the question of postponement, it was agreed to, nem. con.

Filed under: Elections, History, Sortition | 7 Comments »

Will the Australian citizen jury process survive the nuclear dump decision?

Posted on November 13, 2016 by Yoram Gat

The SA jury on the nuclear dump proposal has handed out its report eliciting significant press coverage and a flurry of reactions. The Online Opinion reports:

Where to now, for Premier Weatherill’s nuclear dream?

On November 6th, to the surprise of all, South Australia’s Nuclear Citizens Jury came up with a report that overwhelmingly rejected the government’s plan for importing and storing high level nuclear waste. Over four days of witness hearings, and deliberations, the 350 members of the jury were tasked with producing an answer to this question:

Under what circumstances, if any, could South Australia pursue the opportunity to store and dispose of nuclear waste from other countries?

The jury’s answer:

Under no circumstances should South Australia pursue opportunity to store and dispose of nuclear waste from other countries for reasons of consent, economics, trust and safety.

But while the Online Opinion is worried about nuclear dreams, another dream is just as much in jeopardy: the dream of Citizen Juries. It seems very likely that Weatherill has promoted the CJ idea because he believed it would be useful for his political agenda, of which the nuclear dump was a part. It seems very likely that those who offered Weatherill the idea, some of whom got to run the process, implied that this would indeed be the case. It also seems likely that other elected politicians have been watching this process with some interest in order to determine to what extent CJs could be used as a tool in their own political box.

In the wake of this outcome, the academics and the political operatives and entrepreneurs would have to go back to the drawing board. They will have to work hard to explain to the politicians how they will re-engineer CJs to guarantee that such unwelcome outcomes will not re-occur.

Filed under: Applications, Elections, Juries, Press, Sortition | 11 Comments »

Double Review: ‘Against Democracy’ and ‘Against Elections’

Posted on November 7, 2016 by roslynfuller

I recently reviewed two books ‘Against Democracy’ by Jason Brennan and ‘Against Elections’ by David van Reybrouck for the Los Angeles Review of Books. I wouldn’t say that I loved either book, but I did give Terry a shout-out in the review :-)

“Against Democracy” and “Against Elections”: Where Do We Go From Here?

AS THE UNITED STATES APPROACHES a most divisive presidential election, it is hardly surprising to see an upsurge in literature proposing to diagnose and cure the ailments of modern politics.

Against Democracy and Against Elections both fall into this category. Despite their provocative titles, they each present detailed plans regarding what they are for rather than focusing solely on what they are against. This willingness to explore alternative politics is a clear strength of both books and what sets them apart in a market clogged with tomes that tend to be heavier on rants than original thinking.

Filed under: Athens, Books, Deliberation, Elections, Participation, Press, Sortition | 47 Comments »

Antoine Bevort: Chouard and democracy: an intellectual and political fraud

Posted on November 4, 2016 by Yoram Gat

The following is my translation of a recent article Antoine Bevort in the online French publication Mediapart. Like Tommy Lasserre’s Sortition in politics – the false good idea, which appeared in Mediapart two years ago, the article is a critique of Chouard and his proposals. Bevort makes some similar points, but, unlike Lasserre, doesn’t focus solely on sortition, and when he does discuss sortition he often deals with implementation details rather than with the principle itself to which he is not wholly hostile. Bevort also relies much less than Lasserre on canned Leftist rhetoric. As a result of those differences more of his punches land on target.

Chouard and democracy: an intellectual and political fraud
29 June 2016 Antoine Bevort

Étienne Chouard presents himself as the scholar of “real” democracy. His proposal of allotting of a constitutional assembly is however a fraud. It incorporates general principles which can be embraced, at least in part, but rests on largely specious argumentation, eventually leading to a strange and dogmatic conception of democracy.

Chouard considers himself the guru of “real” democracy. He feels he has found the “cause of causes” of the political crisis (“the political disempowerment of the citizens”) and proposes as a solution the allotment of a constitutional assembly. In his analyses, Chouard invokes general principles which can be embraced at least in part, but advances mainly through theoretical and historical shortcuts, simplifications or even misinterpretations, and through blunt claims and assertions. His dogmatic propositions are based on largely specious argumentation and lead eventually to a strange philosophy of democracy.

In order to deconstruct this rhetoric of mystification, we use a conference video available online[i], a text on the Gentils Virus website whose contents are very similar to those of the conference, as well as on the wiki of this organization, and particularly on the constitution drafted by Chouard. We first discuss his analysis of the existing political system, his claims that “we are not living in a democracy yet” and that “an electoral system is not a democracy”. Then we examine his conception of the “true democracy”, and his proposal of drawing by lot a constitutional assembly. We conclude with the mode of action which Chouard, the Gentils Virus (GV) and Les Citoyens Constituants (LCC), two organizations which promote his ideas, are pursuing.
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Filed under: Athens, Ballot measures, Elections, History, Juries, Participation, Press, Proposals, Sortition | 31 Comments »

“A little bit manipulated”

Posted on November 3, 2016 by Yoram Gat

The Adelaide news website InDaily has a report by Bension Siebert about discontent in the ranks of South Australia’s citizens’ jury on nuclear waste storage:

Some members of the 350-person jury have told InDaily they voted for a group of witnesses to present information about nuclear waste storage but the facilitator of the process, DemocracyCo, subsequently invited additional witnesses without explicit jury consent.

DemocracyCo concedes it did add further witnesses after a voting process, but says that is “standard practise” in citizens’ juries.

Juror Brett Aylen, an architect, told InDaily: “I do feel like I’m being a little bit manipulated by the process.” He said DemocracyCo facilitators were surprised by the jury’s witness selections and wanted to “balance it up by adding in some of the more pro-nuclear witnesses”. “They seemed a bit surprised at our selections,” he said. “If they had have declared that position in advance [that more witnesses may be added] it would have been more acceptable.”

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Filed under: Applications, Juries, Press, Sortition | 5 Comments »

Workshop on sortition for the Canadian parliament at the CSDC

Posted on November 2, 2016 by Yoram Gat

The Centre for the Study of Democratic Citizenship (CSDC) at the department of Political Science of McGill University is holding a workshop under the title “Representation, Bicameralism, and Sortition: With Application to the Canadian Senate” on December 9.

This workshop will bring together social scientists and philosophers with two aims: critically to evaluate our theoretical and empirical knowledge of the relative merits and defects of using sortition to select representatives to the second legislative chamber of bicameral representative democracies like Canada; and to contribute to public debate in Canada about Senate reform by evaluating the desirability of reconstituting the Senate as a randomly selected Citizen Assembly.

Papers will be presented by Equality-by-Lot contributors Peter Stone and Alex Guerrero, as well as by McGill professor Arash Abizadeh. It turns out that Prof. Abizadeh gave a seminar on “Democracy, Representation, and Sortition” in the 2016 winter semester.

Filed under: Academia, Proposals, Sortition | 1 Comment »

Sortition and stronger executive power?

Posted on October 31, 2016 by Jacob Richter

Can sortition facilitate stronger executive power?  I think it can, and in a way that results in more effective implementation of left public policymaking.

The traditional Marxist literature refers to the combination of legislative and executive power as a means of facilitating worker-class rule or broader popular rule, yet has not taken into account a key development in executive power itself in the 20th century: the war cabinet.

It is this particular form of government that poses strategic questions of power, not traditional legislatures, not town hall meetings, and not strike committees.  Its contemporary application is diverse, from the early and wartime Soviet governments, to the early government of the People’s Republic of China, to the first seventeen years of Cuba’s government after the Cuban Revolution, to Churchill’s wartime cabinet.

The initial approach to all this government stuff is this: redefine the relationship between (a) public policymaking, (b) legislative power, (c) governmental executive power, (d), ceremonial and other prerogative power, (e) civil administration, and (f) “legislating from the bench” (judicial review regarding constitutional law) on the basis of random sortition.  Drilling down, I will focus on the combination of (b), (c), (d), and at least part of (f) in either one unified organ or parallel organs.

(For the purposes of this discussion, I’ve broken down the conventional view of “executive power” into its three functional components: (c), (d), and (e).)
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Filed under: Proposals, Sortition | 3 Comments »

Sortition in fiction

Posted on October 27, 2016 by constitutionalism

Most of what is written about sortition, or what I prefer to call fetura, is academic or polemic, but I have recently published a novel in which it features prominently. You might enjoy reading how this might unfold in the real world, or at least the real world of alternative history science fiction.

New Amazon Kindle book by Jon Roland

Wayward World: A new kind of hero must set history on a different course to save Earth from destruction almost a thousand years in the future.

https://www.amazon.com/dp/B01MPW3Y10

You don’t need a Kindle device to read it. Almost any browser will do, with a plugin, or get the app. This is a fundraising project for the Constitution Society. All the revenues go to it.

Still making some minor edits to it that should be live in a day or so. Internet slow for you? If you can get to the book, reading it can give you something to do while you wait.

An interstellar planet is on a collision course with Earth in 1000 years. To get humanity ready to divert it, human technical progress needs to be advanced more rapidly, and history will take a wrong turn in 1265. Our heroes have to take Earth on a different course, without being around for the entire thousand years, so they have to set up institutions that can continue to move things forward and avoid several disasters that will set humanity back even further. They face strong resistance and many hazards, but are led by one who has the skill and charisma needed, if she can survive long enough.

One of the advantages of the Kindle edition is that it has live links to many web pages that provide background on much of the content discussed in the chapters.

Filed under: Fiction, Sortition | 2 Comments »

Senior French politicians propose allotted institutions

Posted on October 23, 2016 by Yoram Gat

Back in June Arnaud Montebourg, who had served as Minister of the Economy in the years 2012-2014 and who is considered a potential presidential candidate in 2017, proposed, among other reforms of the French system aiming to “rebuild the trust” between the French people their political class, to have the Senate re-purposed to serve as a supervisory body and have its members selected by lot:

Could not the Senate, instead of being an end-of-the-career institution, be an allotted assembly, without legislative power because it is not representative, but with a supervisory role?

[My translation here and below.]

Now Emmanuel Macron, Montebourg’s successor as Minister of the Economy and possibly a presidential candidate in 2017 as well, has his own proposal for creating an allotted supervisory body:

The creation of a citizens’ commission

Each year, the president of the Republic has to appear before a citizens’ commission to be held to account, possibly supported by the Court of Audit. The former minister envisages the possibility of using allotment. This would allow the recreation of a little “political hygiene” in the system. For creating a democratic debate “which does not exist today”.

Filed under: Press, Proposals, Sortition | 16 Comments »

Graham Smith: The problem with politicians and democracy…

Posted on October 14, 2016 by Yoram Gat

I would complete the headline of Alex Sakalis’s interview with Graham Smith on openDemocracy with “… is that they are mutually exclusive” (at least if by “politicians” it is meant “elected politicians”). Smith, however, strikes a more tentative note:

Citizens’ priorities are not necessarily the same as those of their political representatives. […] What is clear is that citizens are willing and able to deliberate on complex and contested political issues. The question is whether they will be listened to by local and national political leaders. The evidence is not promising.
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Filed under: Academia, Applications, Elections, Participation, Press, Sortition | 1 Comment »

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