Abstract

Structural problems are examined with pairing two chambers, one selected by election and the other by sortition, into a traditional bicameral system. It is argued that an all-purpose legislative chamber modeled on existing elected chambers is a mismatch for sortition and that purported benefits of maintaining partisan elections alongside sortition are illusory. Alleged benefits of a hybrid bicameral system are shown to be outweighed by a variety of harmful effects. Furthermore, even if those harms are not substantiated, the continued existence of an elected chamber will likely result in the delimitation of the sortition chamber. Combining many different sorts of minipublics with different characteristics and functions is preferable, and a possible multibody sortition legislative system is presented. Finally, an alternative way forward for sortition is proposed by peeling away individual topic areas from elected bodies and transferring them to sortition bodies.