S5E06: Overturned Tables: Representativeness: Nick Stephanopoulos
Nov 10, 2023
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Harvard Law Professor Nick Stephanopoulos discusses his conception of representativeness and alignment in democracy. The podcast explores the challenges of achieving alignment between the political system and the people it represents. It also touches on the impact of media polarization, the role of moderates in American politics, policy alignment, and the implications of the electoral college. The speaker expresses frustration with publishing and emphasizes the importance of democracy reform.
Alignment theory suggests that the law of democracy should strive to align the political system with the people it represents.
Gerrymandering and campaign finance regulations can either misalign or align the political system with the preferences of the population.
Policies like vouchers and compulsory voting have the potential to increase alignment between the political system and the electorate.
Deep dives
The Argument for Alignment Theory
Alignment theory posits that the core objective of the law of democracy should be to achieve alignment between the political system and the people it seeks to represent.
Alignment in Electoral Policies
Various electoral policies can impact alignment. Gerrymandering has a clear misaligning effect, while campaign finance regulations and contribution limits can be aligning mechanisms. Small-dollar contributions can introduce misalignment, but vouchers, which give everyone the ability to contribute, can increase alignment. However, the Supreme Court has yet to decisively address alignment as a justification for campaign finance reform.
The Role of the Electoral College
The Electoral College can have both misaligning and aligning effects. While winner-take-all systems may produce misalignment, the focus on swing states can also lead to policies that do not align with the preferences of the entire population.
Different Forms of Public Funding
Public funding for elections can also impact alignment. Multiplying small-dollar contributions may exacerbate misalignment, as small donors often hold extreme views. However, vouchers, given to all citizens, have the potential to increase alignment by appealing to a broader range of voters.
Compulsory Voting and Alignment
Compulsory voting could promote alignment by reducing divergence between the actual electorate and all eligible voters. However, the impact of compulsory voting on alignment may vary depending on the current composition of the electorate.
Conclusion
Alignment theory offers a framework for understanding and promoting alignment between the political system and the people it represents. While the Supreme Court has not definitively addressed alignment as a justification for campaign finance reform, there are potential aligning interventions such as public funding and policies that encourage broad participation in elections.
Democracy reform needs a target. We can say things like "representative democracy must be representative," but what does that exactly mean? In this episode, we speak with Harvard Law Professor Nick Stephanopoulos about his conception of representativeness — "alignment" — and what that says about the reforms we should be pressing.
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