Equality by lot

What If A Citizens’ Assembly Decided Trump’s Second Impeachment?

Posted on February 20, 2021 by Ted Wachtel

(Written before President Trump’s second impeachment trial on January 18, 2021)

The U.S. House of Representatives has impeached President Donald Trump for a second time, but the Senate will not conduct its trial until after Trump has left office.

The difference between political and deliberative decision-making is that one is based on winning the next election and the other is based on seeking the truth. Professional politicians do not deliberate. They calculate. With each decision, the underlying consideration is the impact it will have on votes and donations.

Republican Senators will consider convicting Trump, but most are afraid, not only of Trump supporters hurting their chances in the next election, but of Trump supporters hurting them physically. Senator Lindsay Graham briefly broke with Trump, declaring that “enough is enough.” But he was soon advising the President again after being threatened by angry Trump supporters at an airport.

Few politicians have the integrity or courage of Justin Amash, the lone Republican congressman who voted to impeach President Trump in 2017, knowingly sacrificing his seat in Congress. Or the ten Republican representatives who voted for a second Trump impeachment, with Liz Cheney boldly stating that Trump “summoned this mob, assembled the mob, and lit the flame of this attack.”

While some of his opponents think Trump should be tried, convicted and banned from holding federal office in the future, others argue that a failure to convict him in the Senate will strengthen him politically and still others claim that if he’s out of office the process is not legal.

I’d like to suggest a novel resolution. What if we let “the people” decide?

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Filed under: Elections, Proposals, Sortition | 8 Comments »

Landemore: Open Democracy, part 2

Posted on February 20, 2021 by Yoram Gat

“Open”

Revisiting briefly the matter of the title of the book: In Part 1 I objected to Landemore’s choice of the term “open democracy” to describe her ideal for government. In short, I find that the word “open” is essentially meaningless and I suspect that the reason for using it as a modifier is that doing so allows to apply the word “democracy” (as in “closed democracy”) to the existing Western eletions-based regimes. On page 15 of the book, Landemore herself notes that the term is already used and abused in politics – as when it refers to transparency. Landemore also makes the connotation of open-source software explicit and claims that there is a likeness between “open democracy” and open source software because “in a democracy the law should be something to which all have access and on which all can make an impact. Everyone should be able to write and claim authorship over the law”. Again, this is too vague to be useful. It is certainly not true at all that open-source software is democratic in any meaningful sense. For one thing, open source is often financed and controlled de-facto by powerful interests. In fact, if anything an analogy may be drawn between open-source software and the “closed” electoral system where a superficial, formal equality is a mask for inherent systemic inequality.

Technology, direct democracy

Too often political reform advocates have a laissez faire “it’s all good” attitude and they embrace any proposal that is making the rounds. Having an “open mind” may sound like a good idea, but in fact not examining proposals critically is recipe for dissipating energy and missing rare opportunities for change. Landemore does not make this mistake. Despite the invocation of the open-source connotation, Landemore explains that her book is not about democracy through technology. This is good. The barriers to democracy are not technological and focusing on technological solutions is therefore a distraction. Another thing Landemore is explicitly not offering is the “antiquated and largely impractical ideal of direct democracy” (p. 17) – a system where mass participation is a central feature. Her reasoning will be laid out in chapter 3 of the book, so it remains to be seen how convincingly it is argued that this is not the right way forward. But argumentation aside, the conclusion is the right one in my opinion. Rejecting mass participation is therefore an important step in clearing the ground for better ideas.

What is an elite?

On page 18 Landemore has an important clarification of the term “elites”. She writes:
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Filed under: Academia, Athens, Books, Elections, History, Sortition | 14 Comments »

The role of secret ballots of our elected representatives

Posted on February 17, 2021 by Nicholas Gruen

Voters-secret-ballot-system-Australian-British-elections-April-17-1880

From Encyclopaedia Brittanica: “Australian ballot: Voters participating in the secret ballot, or Australian ballot, system in the British general elections of April 17, 1880. Hulton Archive”

Though I have a deep interest in and faith in sortition as “the other way of representing the people”, my own view of a good system and of the path of activism to save our ailing democracies is protean, eclectic and pragmatic. In that spirit I offer this recent column of mine published in Australia. It makes a passing reference to sortition, but is focused on another very simple and critical building block of our democracies as they’re currently constituted – the choice between where voting should be by public and open ballot and where the ballot should be secret. The basic principles seem obvious – secret ballots for citizen’s votes and public voting for their representatives. But some artful exceptions could make a big difference to our current travails.

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As an Irish parliamentarian, Edmund Burke once said that he owed his constituents not just his industry but his judgment, and that if he voted according to their opinions rather than his own judgment he would betray rather than serve them.

This failure to flatter his audience helps explain why he’s better remembered today as a philosopher than as a practitioner of politics. But the distinction he made gives us a key to mending our democracy.

Today, when push comes to shove, politicians’ allegiance is neither to their judgment nor their constituents’ opinion, but to their party. (It is worth noting that political parties were in their infancy in Burke’s time.)

It is not uncommon for legislative chambers around the world to have voted against the judgment of the overwhelming majority of their members and even against the people’s wishes — all at the behest of party bosses.

In this category I’d include numerous votes of the UK parliament regarding Brexit and various decisions of US congressmen and women culminating in the failure to find Donald Trump guilty during his recent impeachment trial — despite Republican Senate leader Mitch McConnell describing then-president Trump’s conduct as a “disgraceful dereliction of duty”.

That conduct moved Trump’s political opponents to some genuine eloquence rather than the usual play-acting. As Senate majority leader Chuck Schumer put it:

Five years ago, Republican senators lamented what might become of their party if Donald Trump became their presidential nominee and standard-bearer. Just look at what has happened. Look at what Republicans have been forced to defend. Look at what Republicans have chosen to forgive. The former president tried to overturn the results of a legitimate election and provoked an assault on our own government, and well over half the Senate Republican conference decided to condone it. The most despicable act that any president has ever committed, and the majority of Republicans cannot summon the courage, the morality, to condemn it.

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Landemore: Open Democracy, part 1

Posted on February 15, 2021 by Yoram Gat

I have recently started reading Hélène Landemore’s book Open Democracy (2020, Princeton University Press). Having gone through the first two chapters, I find the book very useful and I highly recommend it. Despite its somewhat clichéd title, and despite the occasional bow toward the self-serving traditional Western theory of democracy, Landemore is in fact offering (it seems so far, I should say) a rather radical critique of the status quo and does not shy away from throwing some heavy punches at theorists who in one way or another defend oligarchical ideologies. In fact, Landemore presents – even if intermittently and obliquely – a thoroughgoing critique of the elections-based system that is not only better argued than, say, that of Van Reybrouck, but also more radical than his. I can’t think of a comparable book from a mainstream US political scientist. (Maybe Dahl’s A Preface to Political Theory?) The fact that Landemore, now at Yale, is originally French, may be playing a significant role.

Here is a first installment of my comments. I hope to have quite a few more posts discussing Open Demcoracy.

“Open Democracy”

To start: the title, “Open Democracy”. This does not bode well. Is there such a thing as a “closed democracy”? Is this making an implied assertion that our current system is a closed democracy, while we should be aiming at an open democracy? The term “open” has the odor of a buzzword (as in “open source”) – a feel good term which like “democracy” itself, or “people power”, could really mean anything.

On page 2 (I am reading the electronic version, so page numbers are approximate), when discussing what are supposedly historical examples of democracies, Landemore gives what seems like a definition of “open democracy”: a situation where “in theory”, any member of the political community “could access the center of power and participate in the various stages of decision-making. Citizens could literally walk into the public space to be given a chance to speak and be heard”. This is contrasted with the modern situation where “many have the feeling” of being “left out of the most important centers of political power, while the political personnel form an elite that is separate from them”.
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Filed under: Academia, Books, Sortition, Theory | 19 Comments »

Chevallier: The chic populism of participative democracy

Posted on February 13, 2021 by Yoram Gat

A column by Arthur Chevallier in Le Point is yet another condemnation of the allotted committee monitoring the French vaccination campaign. The author sees the creation of the committee as a sign of weakness and hesitation. The government, he asserts, must act resolutely and dispose of attempts to over-communicate.

Chevallier is an editor at Passés composés and the author of the book “Napoléon et le Bonapartisme” published by Que sais-je ?.

The chic populism of participative democracy

Jan. 5, 2021

The allotment of 35 citizens to follow the vaccination campaign was aimed to be the perfect exercise in communication. It turned out to be the opposite.

Democracy is not about weakness. It is not about the promotion of amateurism. The creation of a committee of 35 allotted citizens which is supposed to follow the vaccination against Covid-19 invited mockery. What should have been proof of transparency turned into evidence of failure. If criticising the management of the crisis is less a matter of courage than of cynicism, since the matter is not as easy as it may seems, it is still necessary to denounce the unhealthy attempt to compensate for lack of efficacy by populism. Horizotalization of power is an illusion. Democracy did not gain its prominence by getting amateurs to run complex matters, but rather by its successes.

Without being aware of it, progressivism gives way to a stereotype of recationism. Since the 19th century, an ideology which may be called counter-revolutionary mocks democracy for being “feminie”, attaching to it labels such as the well-known “prostitute”, and hurling insults claiming that it is incapable of creating a powerful and harmonious state. History proves the opposite. Democracy is in fact quite often a radicalization of politics. In antiquity, Athens was at its height of power and imperialism at the 5th century BC, being its age where its democracy attained its most sophisticated form.
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Filed under: Applications, Athens, Deliberation, History, Participation, Press, Sortition | 8 Comments »

Facebook has created an oversight board that includes the former prime minister of Denmark — but how independent is it really?

Posted on February 8, 2021 by keithsutherland

Matthew Syed’s Sunday Times article led me to think this was a good case for appointment by random selection.

Facebook has long been one of the most powerful actors in the world. It can shut down the communication of presidents, censor information on a network that connects 2.8 billion monthly users, and spread fake news — inadvertently or otherwise — using algorithms that can shift the dynamics of democratic elections. But who controls Facebook?

This is a question that came into sharp focus last month when Donald Trump was shunted off the platform at much the same time that he was dropped from Twitter and YouTube. The companies cited violations of their terms of use and claimed that, as private institutions, they were not bound by First Amendment free speech obligations. Conservatives responded that it was intolerable that judgments on who could access the digital equivalent of the town square were determined by the woke sensibilities of a tiny group of West Coast billionaires.
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Filed under: Applications, Initiatives, Juries, Sortition | Leave a comment »

Lottery for CV-19 Vaccination in Manatee, Florida

Posted on February 7, 2021 by Conall Boyle

I suppose it had to happen!

“Currently, there are about 180,000 people [over 65] signed up in the county’s standby pool [database] with hopes of being vaccinated at the county’s drive-thru at Tom Bennett Park, 400 Cypress Creek Blvd, Bradenton. When COVID-19 vaccine doses become available, people are randomly pulled from that pool and given a shot. The county’s IT director said it’s entirely up to a computer to decide who will get a vaccine and when. “It is fully automated. There is no other information in there, whether race, ethnicity or address,” said Paul Alexander.”

Here’s how the randomisation system works

“The county’s IT director said it’s entirely up to a computer to decide who will get a vaccine and when. “It is fully automated. There is no other information in there, whether race, ethnicity or address,” said Paul Alexander.”…..”When doses become available — which is determined by the weekly allotment granted to the county by the Florida Department of Emergency Management — that database is used to randomly select from the pool who will get a shot.”

Police Oversight Commissions Chosen by Lot?

Posted on February 4, 2021 by Wayne Liebman

Two city councils in California (Culver City, Petaluma) have people on them interested in reforming their police oversight commissions to include members selected by lot. Talks are exploratory at this point, but our group of California democratic lottery activists (Random Access Democracy, or RAD) is advocating with City Council members. We could be more effective if I could hear from anyone in the Equality by Lot readership who has any experience or information that would help us make the case. Right now I do not know of any examples of police oversight commissions chosen by lot. Are there any? Can anyone direct me to any references about them? At this point I know of two apposite resources:

Community Control of Police: A Proposition
Shaunsky Colvich of Democracy Without Elections recently mentioned that Lincoln Steffens, in his book, The Shame of the Cities (1904), described how “a grand jury effectively fought police corruption in Minneapolis. Back then grand juries (selected by lot) had far more power and weren’t as limited in scope or discovery as modern grand juries are, which are usually just rubber stamps for prosecutors . . . never calling their own witnesses or being allowed to do their own research anymore.”

Filed under: Juries, Proposals, Sortition | 3 Comments »

Start with the State

Posted on February 3, 2021 by Alex Kovner

In a new post, I argue that traditional political philosophy has been too concerned with building notions of justice and government from the individual up, and not focused enough on accepting the state as a fact and working down from there. While starting with the individual and trying to re-imagine the state has an intuitive appeal, it actually causes political philosophers to avoid applying real controls over the state in all of its contingent glory. Because of this, starting with the state as the first premise actually increases the protection afforded to individuals, by more carefully avoiding things that can go wrong with state intrusion into those freedoms.

Filed under: Juries | Tagged: citizen juries | 1 Comment »

How sortition points beyond all that sound and fury that signifies nothing

Posted on February 3, 2021 by Nicholas Gruen

Back in the day, (which is to say for most of the 20th century until things began changing in the 1980s), each of the major political parties had a few percentage points of the population as members. In addition to the intrinsic rewards of being part of one’s country’s social and political fabric, the ultimate point of membership was to influence your party’s political platform and through that to influence government policy.

Correspondingly, mass movements such as the civil rights movement would pare back their platforms to the specific issue they wished to highlight. It took Martin Luther King most of the 1960s to come out against America’s involvement in Vietnam because widening his movements platform was seen to compromise the size of the civil rights coalition.

Since then politics has famously been ‘hollowed out’. The membership of mainstream political parties has plummeted with those left tending to be careerists, the stooges they attract to stack branches and occasional naïve blow-ins. Political parties still go through some of the motions of members determining policy, but senior party professionals understand themselves as a fighting force which will need to improvise its way through the news cycles through to the next election and that makes member determined policy a potential liability.

And something similar has occurred in mass movements. Their campaigning is increasingly focused on people’s expressive side. And policies are increasingly seen through that lens. Thus Black Lives Matter wants to defund the police or says it does. This is a ridiculous slogan, but one treated with great toleration by our media and commentators. Brexit might mean Brexit, but defund doesn’t really mean defund. It means … well something else – reallocating funds to community building and all that stuff. Likewise, the BLM platform plans to overthrow capitalism and all the rest of it. And it turns out that next to none of the coverage that BLM gets is about its policies. So its policies can be aimed at expression rather than the outcomes that those policies might produce.

I began writing a post on this back in the days of France’s Yellow Vests. They knew they were pissed off, and, for all I know they were right to be pissed off. They knew they didn’t like certain taxes which they felt targeted them. But what did they like? What policy changes were they after? That was less clear.

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