@clay:
“It certainly wasn’t clear to me.”
You have made that clear. My point is that you have not identified anything incoherent in what I wrote.
I said:
“I do think some of the most sensitive aspects of implementing this kind of proposal would relate to the need for auditability by volunteer citizens or the press, and the possible need for an insulated environment for the jury, and those seem partly in conflict.”
That is a coherent statement. It identifies a possible tension between external scrutiny of the process and insulation of jurors from outside influence. You could reasonably have asked which parts of the process I thought should be auditable, or what form I thought the conflict might take. Instead, you said that you had no idea what I was talking about.
Likewise:
“By auditability, I mean of the process as a whole, by citizens who are not selected as jurors.”
The intended distinction is between scrutiny conducted internally by the jurors and scrutiny conducted externally by members of the public or press. That may require further specification, but it is not incomprehensible.
You now say that the transcript could be published, but that there is nothing for the public to audit because candidates can rebut one another. That does not resolve my concern. Publishing the information presented to the jury would allow the public and press to examine the claims, omissions, procedures, and informational environment that influenced the selection. Whether that scrutiny should create a formal remedy is a separate question from whether the process should be publicly inspectable.
You also say:
“you haven’t shown how we need auditability in terms of what goes on in the courtroom.”
Whether you think it is strictly necessary is not the only relevant question. A public demand for transparency and independent scrutiny would predictably arise around a process that selects public officials. That demand would have to be accommodated, rejected somehow, or limited through explicit institutional rules, which might themselves be unacceptable to the public.
You write:
“we want to prevent external information from entering the courtroom. no one ever said we need to insulate the public from receiving information from the process.”
Then we agree that information should flow outward. The remaining issue is the restriction on information flowing inward. Preventing selected jurors from receiving external political speech, reporting, or commentary would create tension with ordinary public political communication and would be difficult to enforce without intrusive restrictions on jurors’ media exposure and contact with the outside world.
On representation, you write:
“you want uniform sampling, so you get statistical validity.”
No. “Statistical validity” is not meaningful until the target of representation has been specified. Uniform statewide sampling is appropriate if the objective is to approximate the aggregate preferences of individuals in the state. It is not politically neutral to assume that this is the only legitimate object of representation.
My concern is that uniform statewide sampling may fail to give institutional standing to territorially organized interests. Large political systems almost always include geographically stratified representation because locality can carry politically relevant interests that are not reducible to individual population shares.
You then say that guaranteed territorial representation would introduce bias and reduce statistical accuracy. That conclusion follows only if the target has already been defined as the undifferentiated statewide population, which is precisely what I am contesting. If the institution is intended to represent both individuals and constituent localities, territorial stratification is part of the target rather than a distortion of it.
You also write:
“the district mandate is putting a thumb on the scale rather than letting voters decide.”
It is not simply a thumb on the scale. It is a different choice of representative unit. District-based representation guarantees territorial coverage and can reduce the redundancy produced when large numbers of people with correlated local interests are treated only as independent statewide observations. It may also ensure that smaller or geographically concentrated communities are present in the decision-making process.
A federation need not allocate political influence solely by counting individuals within one undifferentiated population. Distinct localities may require institutional standing because their interests, conditions, and vulnerabilities are not captured adequately by raw population weight alone.
That structure can certainly be designed badly. District boundaries can be arbitrary, unequal, or manipulated. But it is not therefore “obviously suboptimal.”
That is the point I have been trying to make. You are treating uniform statewide representation as neutral and alternatives as biased. I am saying that both arrangements embody prior political judgments about what the institution is supposed to represent.
There is also an institutional problem hidden inside the idea of insulation that @Toby-Pereira alluded to. Insulation has to be enforced by some government body or other administrative authority. That body would determine what information jurors may receive, what contact counts as improper, how violations are investigated, and what consequences follow. Those decisions could have a substantial effect on the election itself.
In other words, the institution charged with protecting the jury from outside influence could acquire outsized political influence through control of the jury’s informational environment and selective enforcement of the rules. That authority would itself need strong limits, transparency, independent review, and public auditability.