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Nels's avatar

I love your focus on sharpening accountability, and I agree that focusing on fairness has made us all miserable without improving outcomes, but I'm not convinced that it's either necessary or desirable to completely abandon the idea of who should rule.

Being able to remove bad rulers is obviously important. The Founders spent a lot of time worrying about how to prevent an individual or group from seizing power and shielding themselves and their followers from accountability. But they also made it difficult to quickly remove politicians from power. To them, the gravest danger to continued self-governance was that populist mobs would allow majorities to impose their will on minorities. Madison wrote, "In all very numerous assemblies, of whatever characters composed, passion never fails to wrest the sceptre from reason". Therefore, you need representatives to be receptive to the will of the people, but not TOO receptive. You need time for passions to cool, for deliberation that eventually allows people to see reason.

The analogy I would use is that for a car to function properly, you obviously need a steering wheel to be responsive. But if you make it too responsive, so that a small movement radically changes the direction of the wheels, then you will quickly end up in a ditch. This is why I think the question of "how dynamically" our government is functioning is actually a pretty terrible question. Unless I am mistaken, dynamic just means responsive. If Trump were to order the military to round up all ranking members of the Democratic party, their ability to immediately follow that order would be very dynamic. Asking whether or not it is tyrannical seems better.

“Responsibility should assigned so when a party wins, they govern alone: no coalition compromise and no diluted policies.”

It sounds nice, but in practice I think that concept leads to less accountability rather than more. Coalition politics requires building a broad consensus in order to rule, diluting the power of any one group or individual. What the Founders feared, accurately in my opinion, was that a single faction would gain too much power and wield it to oppress the other factions. By diluting the power of a single faction, you reduce incentives for violent repression and help incentivize leaders to cooperate towards common goals. That's exactly why the separation of powers is so important, it further dilutes the power of any individual or institution. If a single group gains centralized power, they will immediately use it to prevent themselves from facing accountability.

“Eliminating the second round in favor of single-round plurality meant whoever won governed alone, owned outcomes alone, and could be removed alone. Governing alone clarifies responsibility.“ -I couldn't disagree with this more. After implementing this change, Hungarian politicians became incredibly corrupt, which is the biggest reason so much of the population eventually turned against them. But it took 16 years of corruption to finally get rid of them. Centralized control did make institutions highly dynamic, they rapidly reoriented so their purpose could be to enrich Orban and his friends rather than serve the public good. Orban was able to make that change because at the time his party had achieved a super-majority. After he changed to single-round plurality, it meant that he only needed to serve the largest faction rather than the public good.

The plurality rule insulated Fidesz against reform, because even if a majority of Hungarians hated their corruption, it requires a single consolidated political party to challenge them. Normally in politics, each individual can have their preferences and choose a party that aligns most with those preferences, but in order to fight corruption in the new Hungarian system required voters to sideline their normal preferences (education, taxes, wages, etc) and ONLY prioritize anti-corruption. Which means that you can't just have one party that is pro-environment and anti-corruption and another that is against raising taxes and anti-corruption, you have to build a new coalition who's only concern is being anti-corruption, which is how Magyar was eventually able to win. In the real world, things have to be REALLY bad to get people to set aside all their other priorities, which is why it took 16 years of living with corruption to achieve. Orban didn't just manipulate the rules a little bit, they took control of all national media and academics, created a system where government jobs could be handed out to voters of their party and ensured that those votes went the right way using "chain voting" (look that one up, it's pretty nuts), among many other corrupt and illegal moves.

Our Founders believed the exact opposite, they thought that many acts of governance should be based on gaining a simple majority, but anything radical needed an overwhelming majority to pass. Constitutional changes don’t just require a 2/3rds vote in congress, but also 2/3rds of state legislatures. That makes our institutions less dynamic, but it also reduces violent swings in power, reduces rapid changes to the law, and ensures lasting stability. Of course many people argue that these requirements have become terrible impediments, but that's the whole point! In this polarized time, it's a very good thing that a leader who gains 51% of the support of our people and loses it weeks later can't make massive changes to our laws. Eventually, this should force the parties to return to the pre-Trump norms of bipartisan coalition building as the public becomes more and more exhausted by the constant fighting. Since the fastest growing political party these days is Independent, I think we are getting closer.

I guess what I don't follow about your argument is how do you remove politicians without fair elections? You can't derive the legitimacy of a government based on the outcome of elections, but it absolutely requires consensus around the rules, and institutions that can enforce them. Parties and politicians will always be incentivized to cheat. If they succeed, they will make it harder for voters to hold them accountable. Fairness then seems like exactly the question we should be asking.

But I do worry that no one seems to be having the conversation we should be having, which is about populist power. The Founders didn't want us to have a government that was so reactive to the passions of the mob, which is why the power of the "people's house" was supposed to be balanced by Senators appointed by state legislatures, and why the President was never supposed to be directly elected at all. Republicans and even many Democrats will talk about "unelected judges" as though arbiters of the law should derive their interpretations only through popularity contests. The Founders would have been horrified by that. We will have great difficulty returning our system to stability unless we recognize the realities of human behavior and design our system accordingly.

Harrison Lewis's avatar

Really enjoyed this. I reckon I’d only add one observation on top, which is the constant human instinct to see and sort the world around us through a series of false binaries. If Hungary (and Trump) are indicative of nothing else, it’s that the two buckets of lawless autocracy and thriving democracy are insufficient at capturing reality. Reality is almost always more nuanced and contradictory than binaries can account for.

Thoughtfulness, rigorousness, and the taking of a wider view are all required to get at reality’s true nature and this piece is a great example of all three. 🫡

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