We’ve Got Our Work Cut out for Us

Spotted the following quote on a message board a few minutes ago:

“I actually agree with getting rid of re-elections, but as far as sortition, I think there are too many stupid fucks in the world.”

Isn’t democracy fun?

The message board is at

http://forums.clubrsx.com/showthread.php?p=32203679

Repair California

Nobody has commented yet on Repair California’s efforts to get referenda on the ballot calling for a state constitutional convention. It may be a bit late to start a discussion on the topic, given that those efforts appear to have fallen apart. But due to the connection with sortition, it might be worth a bit of our attention.

Repair California’s proposal would have selected a constitutional convention partially by lot. A large number of delegates to the convention would be elected by assembly district-level meetings of randomly-selected citizens. That’s complicated enough, but that’s only the procedure for selecting some of the delegates; others would be appointed by elected officials and by Indian tribes.

Ultimately, I think the complexity of the scheme has worked against Repair California. I gather that one of the reasons for going for something so complex–instead of, say, a randomly-selected constitutional convention, as proposed by Joel Parker–was a desire to be “realistic” and not too “radical.” But being radical can be very reasonable if it allows you to express and defend a clearly principled solution to a problem. Repair California’s scheme is so complicated that it’s really hard to say, this is why the proposal is good for democracy. And so being “realistic” can actually lead to nothing getting done.

A related note gets struck by this article–

http://foxandhoundsdaily.com/blog/john-wildermuth/6453-vague-promises-not-enough-convention-plan

It notes the difficulty in putting forth a convention plan without any clear sense of just what that convention might do, or what problem it might solve. After all, just because all Californians agree that the “system” is broken, it doesn’t mean they agree as to WHY it’s broken. If you try very hard not to take a stand on this question, the end result is that it’s hard to get anyone excited about inducing change. The same is true if you try too hard to keep the plan “safe” (again, being “realistic”). California’s fiscal woes stem in large part from Proposition 13’s tax restrictions, but Repair California’s constitutional convention would be unable to list Proposition 13 entirely, although it could tinker with it around the edges. This was done because Proposition 13 is regarded as politically dangerous–too many elderly people with absurdly low property taxes ready to defend it–but as a result it’s hard to get people excited who think Proposition 13 is a major part of the problem.

One more comment–there’s still a movement to get a proposition on the ballot lifting the 2/3 majority rule for the state budgetary process. That, IMHO, would go a huge way towards making California less of a fiscal train wreck. It’s well worth supporting.

A Mixed Constitution

Keith Sutherland posts a sortition-related piece on Open Democracy:

http://www.opendemocracy.net/ourkingdom/keith-sutherland/mixed-constitution

Sortition to Fix America’s Broken System

A recent blog posting…

http://www.boilingfrogspost.com/2010/01/29/taking-back-our-government-jury-duty-for-all/

…advocates sortition to select all American federal elective offices–the President, the Vice President, the Senate, and the House. The proposal is a (quite understandable) reaction to the Supreme Court’s recent radical decision to lift all restraints on corporate “free speech” (thereby constraining the free speech rights of everyone else).

The proposal has generated a lot of comments, which is a good thing. I mostly have quibbles about the proposal. For example, I wouldn’t rely upon income tax records for fear that those at the bottom might be underrepresented. Why not rely on voter registration, combined with a much more aggressive effort at achieving universal registration? Also, the proposal calls for curtailing lobbyists from outside the area a representative or senator represents. I suspect such proposal would be ineffective, and that other measures (for example, the restoration of a robust and vibrant media) would be needed here. Finally, I’m not very keen on selecting the President and the Veep this way. In the past, sortition has almost always been used to fill collective bodies. Obviously, this helps to guard against the variances in quality that random selection can induce. Pick one name at random, and you may get an idiot, a nut, or a teabagger (but I repeat myself). Pick 12 names, and you might get 1 or 2 cranks. Pick 435 names (i.e., fill the U.S. House by lot), and the odds of getting a large number of nutters is infinitesimally small (unless a majority of the citizenry are nutters, in which case you have bigger problems on your hands).

Most Americans trust people, not leaders

The Rasmussen Reports polling firm defines “Mainstream Americans” as those who “tend to trust the wisdom of the crowd more than their political leaders and are skeptical of both big government and big business”. This group now makes about two thirds of the American public. The other extreme point in their scale – those who support the political class – make a mere 4%. The rest place themselves somewhere in between the extremes.

More from the findings:

Polling conducted from January 18 through January 24 found that 76% of voters generally trust the American people more than political leaders on important national issues. Seventy-one percent (71%) view the federal government as a special interest group, and 70% believe that the government and big business typically work together in ways that hurt consumers and investors. On each question, a majority of Republicans, Democrats and unaffiliated voters share those views.

The last point – the fact that such views are common across the standard political spectrum – reveals that the stereotypes of groups along that spectrum are misleading. Rasmussen Reports add:

Over time, we have found that those with Mainstream views often have a very different perspective from those who support the Political Class. In many cases, the gap between the Mainstream view and the Political Class is larger than the gap between Mainstream Republicans and Democrats.

WPSA?

Calling all academics–is anyone planning to attend the upcoming annual meeting of the Western Political Science Association (WPSA) in San Francisco? It’s going to be held on April 1-3. Joel Parker (another Kleroterian) and I will be presenting papers on Saturday Afternoon (April 3), and I gather the panel still needs a discussant. Let me know if you’re interested.

Here’s the web address for the WPSA, with information about the meeting–

http://www.csus.edu/org/wpsa/mtgs.stm

And as for my WPSA paper–well, hopefully, the Kleroterians will be hearing about it shortly. (I hope to have a draft ready to circulate later this week.)

Callenbach/Phillips Sighting

This blog…

http://www.madalcapital.com/elections-by-random-lottery-a-polemic-for-sortition

…makes a case for sortition by relying on Ernest Callenbach and Michael Phillips’ A Citizen Legislature (reprinted by Imprint Academic, 2008).

The Callenbach/Phillips case, which this blogger repeats, stresses the fact that a randomly selected legislature would “look like” the public at large, and therefore would “truly” represent the people. It’s the second half of that claim which leaves me a bit unsure. Is it really true that a random sample of “the people” speaks with the same voice as “the people?” Maybe, but it seems to me that it requires an argument. And the argument might prove hard to make. After all, we all would presumably justify at least some exclusions from a random draw–children and the insane are the obvious candidates–but then those exclusions mean that a random sample will no longer “look like” the population-at-large. So I think there’s more theorizing to be done here. (Of course, I do political theory for a living, so it’s not surprising that I’d say that.)

For further reflections on this topic, see the introduction I wrote to the reprinted edition of Callenbach and Phillips’ book.

Looking for Alternatives

With the growing disillusionment with the alternative to a President widely disapproved of, and with congress approval stuck at a seemingly permanent low, the time is ripe for exploring alternatives to the standard electoral process. Some are looking for delegates on craigslist.

Sortition, Democracy, and the Lords Again

The idea of selecting the House of Lords by lot has made the rounds for several years now, at least since the publication of Anthony Barnett and Peter Carty’s pamphlet The Athenian Option (expanded and republished in 2008 by Imprint Academic). It’s always intriguing to see who likes the idea. Graeme Archer endorses the idea on the website Conservative Home. Check it out–

http://conservativehome.blogs.com/centreright/2010/01/random-power.html

Archer is not entirely clear as to why he likes randomly-selected peers. He seems to think that only elections confer democratic legitimacy, but that our experience with juries shows that randomly-selected bodies can make very good (accurate? honest?) decisions. It’s interesting to hear him say that, as the usual objection trotted out against sortition is that ordinary people are morons who could never handle the serious burden of lawmaking. (Archer, like Barnett and Carty, doesn’t want randomly-selected peers to write legislation, just evaluate legislation drafted by a still-elected House of Commons. Also, Archer wants a new randomly-selected body to evaluate each piece of legislation, so as to minimize the chance that people will be overburdened by the job. This is one of several options considered in The Athenian Option.)

Another conservative website, the “Heresy Corner”, commented on Archer’s proposal almost immediately–

http://heresycorner.blogspot.com/2010/01/lotteries-and-lordships.html

The anonymous blogger, who calls himself the “Heresiarch” (anonymous? really? hope you’re not pretending you’re putting yourself into some kind of danger with your right-wing blogging) is sympathetic to the idea. His overall evaluation, unfortunately, is rather confused. First he says elections are horrible because they put our hands in a bunch of politicians. Then he says randomly-selected bodies don’t make good decisions, but they do ensure descriptive representation (i.e., decision-making in the hands of a bunch of ordinary people). But then he declares it very important that experts evaluate legislation, not ordinary people, and so he wants the House of Lords to be…elected. Will this cause gridlock? Well, maybe, but so what? In the end, elected officials will have complete control over our fate, but letting a representative government actually accomplish things is setting up an “elective dictatorship”, and so the best we can do is make sure that the representatives can’t actually do anything.

In the end, I find Archer’s thoughts reasonable though underdeveloped, and the Heresiarch’s borderline incoherent. Both could do with a bit more thought on just what a democratic government is supposed to do. Until one has a clear answer to that question, one cannot provide reasons for preferring sortition over elections, or vice versa.

Two final thoughts. In his defense of gridlock, the Heresiarch writes, “just look at the United States, where gridlock can only be avoided if the same party controls the Presidency, a majority of the House and 60 seats in the Senate.” I’m going to assume that’s some sort of joke, given how monumentally little Obama got done with all of those conditions met. Second, I am very pleased to see British Conservatives take the idea of sortition seriously. I hope very much that this enthusiasm persists after the Tories regain power.

Logo

Do the Kleroterians need a logo of their own? If so, what the heck might it be? Please discuss.