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This document discusses different forms of political representation that have been identified in recent empirical studies. It argues that while promissory representation, where representatives make promises to constituents and are held accountable for keeping them, is the traditional model, anticipatory, gyroscopic, and surrogate representation are also legitimate forms that have been observed. However, these newer forms do not meet the same democratic accountability criteria as promissory representation. The paper proposes that these alternative forms should be evaluated using systemic, deliberative, and plural normative criteria rather than dyadic criteria, and examines how mixing different representational forms impacts democratic legitimacy.
This document discusses different forms of political representation that have been identified in recent empirical studies. It argues that while promissory representation, where representatives make promises to constituents and are held accountable for keeping them, is the traditional model, anticipatory, gyroscopic, and surrogate representation are also legitimate forms that have been observed. However, these newer forms do not meet the same democratic accountability criteria as promissory representation. The paper proposes that these alternative forms should be evaluated using systemic, deliberative, and plural normative criteria rather than dyadic criteria, and examines how mixing different representational forms impacts democratic legitimacy.
This document discusses different forms of political representation that have been identified in recent empirical studies. It argues that while promissory representation, where representatives make promises to constituents and are held accountable for keeping them, is the traditional model, anticipatory, gyroscopic, and surrogate representation are also legitimate forms that have been observed. However, these newer forms do not meet the same democratic accountability criteria as promissory representation. The paper proposes that these alternative forms should be evaluated using systemic, deliberative, and plural normative criteria rather than dyadic criteria, and examines how mixing different representational forms impacts democratic legitimacy.
Source: The American Political Science Review, Vol. 97, No. 4 (Nov., 2003), pp. 515-528 Published by: American Political Science Association Stable URL: http://www.jstor.org/stable/3593021 . Accessed: 03/05/2014 11:34 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . American Political Science Association is collaborating with JSTOR to digitize, preserve and extend access to The American Political Science Review. http://www.jstor.org This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions American Political Science Review Vol. 97, No. 4 November 2003 Reth ink ing Representation JANE MANSBRIDGE Harvard University long with th e traditional "promissory" form of representation, empirical political scientists h ave recently analyzed several new forms, called h ere "anticipatory," "g yroscopic," and "surrog ate" representation. None of th ese more recently recog nized forms meets th e criteria for democratic accountability developed for promissory representation, yet each g enerates a set of normative criteria by wh ich it can be judg ed. Th ese criteria are systemic, in contrast to th e dyadic criteria appropriate for promissory representation. Th ey are deliberative rath er th an ag g reg ative. Th ey are plural rath er th an sing ular. ver th e past two decades empirical political scientists h ave developed increasing ly soph isti- cated descriptions of h ow American leg islators relate to th eir constituents. Yet alth oug h th e empirical work h as often been motivated by normative convic- tions th at one way of relating is better th an anoth er, th e normative th eory of wh at constitutes "g ood" rep- resentation h as not k ept pace with current empirical finding s. Th is paper seek s to narrow th e g ap. Th e traditional model of representation focused on th e idea th at during campaig ns representatives made promises to constituents, wh ich th ey th en k ept or failed to k eep. I call th is promissory representation. In addi- tion, empirical work in th e last 20 years h as identified at least th ree oth er forms of representation, wh ich I call "anticipatory," "g yroscopic," and "surrog ate" rep- resentation. Anticipatory representation flows directly from th e idea of retrospective voting : Representatives focus on wh at th ey th ink th eir constituents will approve at th e next election, not on wh at th ey promised to do at th e last election. In g yroscopic representation, th e representative look s with in, as a basis for action, to conceptions of interest, "common sense," and princi- ples derived in part from th e representative's own back - g round. Surrog ate representation occurs wh en leg isla- tors represent constituents outside th eir own districts. Th ese are all leg itimate forms of representation. None, h owever, meets th e criteria for democratic ac- countability developed for promissory representation. I arg ue th at th e appropriate normative criteria for judg - ing th ese more recently identified forms of represen- tation are systemic, in contrast to th e dyadic criteria appropriate for promissory representation. Th e crite- ria are almost all deliberative rath er th an ag g reg ative. And, in k eeping with th e conclusion th at th ere is more th an one way to be represented leg itimately in a democ- racy, th e criteria are plural rath er th an sing ular. Th e forms of representation identified h ere do not map well onto th e traditional dich otomy of "mandate" and "trustee." Both mandate and trustee forms can appear as versions of promissory representation (or, alternatively, th e trustee concept can fig ure as a subset of g yroscopic representation), but th e new concepts of representation implied by recent empirical work do not h ave an obvious relation to th e earlier dich otomy. In practice, representative beh avior will often mix several of th ese forms. One cannot always tell by look - ing at a specific beh avior wh at dynamics lie beh ind it. Yet analyzing each form separately mak es it possible to identify th e underlying power relation in each form, th e role of deliberation in each , and th e normative cri- teria appropriate to each . Th ese normative criteria are g oals toward wh ich to strive ("reg ulative ideals"), not standards th at can be fully met. Conceiving of demo- cratic leg itimacy as a spectrum and not a dich otomy, one mig h t say th at th e closer a system of representation comes to meeting th e normative criteria for democratic ag g reg ation and deliberation, th e more th at system is normatively leg itimate. Addressing th e norms appropriate to a system of representation assumes th at representation is, and is normatively intended to be, someth ing more th an a de- fective substitute for direct democracy.1 Constituents ch oose representatives not only to th ink more care- fully th an th ey about ends and means but also to neg o- tiate more perceptively and fig h t more sk illfully th an constituents h ave eith er th e time or th e inclination to do. Th e difference between representation and direct democracy creates a need for norms desig ned partic- ularly for democratic representation. Yet democratic representation comes in different forms, with norms appropriate to each . Jane Mansbridg e is Adams Professor, Joh n E Kennedy Sch ool of Government, Harvard University, 79 JFK Street, Cambridg e, MA 02138 (jane-mansbridg e@h arvard.edu). Th is paper h as evolved over time. Most recently I am g rateful for th e sug g estions of Doug las Arnold, David Brady, Marth a Minow, Mark Moore, Dennis Th ompson, and participants in seminars at Center for Advanced Study in th e Beh avioral Sciences, Princeton University, th e University of California Los Ang eles, Stanford Uni- versity, and th e University of Toronto. For excellent sug g estions on earlier versions I th ank William Bianco, Carol Swain, Melissa Williams, Iris Marion Young , and participants in seminars at th e Insti- tute of Governmental Studies at Berk eley, th e Oh io State University, Nuffield Colleg e Oxford, Indiana University, Princeton University, th e University of California San Dieg o, Harvard University, and North western University. I particularly th ank Benjamin Pag e for h is close reading and incisive comments at an early stag e, and th e insig h t- ful reviewers for th is journal. Th is paper, beg un with support from th e Institute for Policy Research at North western University, was completed wh ile th e auth or was a Fellow at th e Center for Advanced Study in th e Beh avioral Sciences. I am g rateful for financial support provided by National Science Foundation Grant SBR-9601236. 1 Alth oug h deliberative forms of direct democracy can be effective meth ods of democratic g overnance in many circumstances, represen- tative forms of democracy h ave th eir own uses, functioning not just as "transmission belts" for constituent opinion (Sch wartz 1988; see also Ach en 1978, 476, Hibbing s and Th eiss-Morse 2002, Manin 1997, and Pitk in [1967] 1972). 515 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions Reth ink ing Representation November 2003 PROMISSORY REPRESENTATION Promissory representation, th e traditional model, fol- lows th e classic principal-ag ent format. Th e prob- lem for th e principal (in Bristol or Oh io) is one of k eeping some control over th e ag ent (in London or Wash ing ton). Th e problem in politics does not differ g reatly from th e problem of k eeping any economic ag ent responsive to th e desires of th e principal. Eco- nomic h istory and th eory h ave focused recently on th e problem of long -distance trade wh en th ere was no g overnmental infrastructure to enforce contractual ar- rang ements. In th e Mediterranean in th e fourteenth century, th is situation necessitated eith er k insh ip ties or above-mark et payment rates to ensure th at sh ips loaded with th e surplus value of th ousands of work ers actually returned with th e g oods received in trade (see Greif 1993). Wh en control (as in a seabound sh ip) or information (as in relations with an expert) is asym- metric, th e problem for th e principal is to mak e sure th at th e ag ent (th e captain, th e lawyer, th e accountant) acts to furth er th e interests of th e principal (th e mer- ch ant, th e client). So too in political representation, both descriptive and normative writers h ave perceived th e problem as one of th e voters in a district k eeping leg al or moral control over th eir distant representa- tives. Th e normative understanding of accountability in promissory representation is th at th e representative is "responsible to," "answerable to," "bound," and even "bound by" th ose voters.2 In th e "mandate" version of th e model, th e representative promises to follow th e constituents' instructions or expressed desires; in th e "trustee" version th e representative promises to furth er th e constituency's long -run interests and th e interests of th e nation as a wh ole. In promissory representation, th e power relation from voter to representative, principal to ag ent, runs forward in linear fash ion. By exacting a promise, th e voter at Time 1 (th e election) exercises power, or tries to exercise power, over th e representative at Time 2 (th e g overning period): VT1 -- RT2. Promissory representation th us uses th e standard forward-look ing concept of power, as in Robert Dah l's (1957) intuitive "A h as power over B to th e extent th at h e can g et B to do someth ing th at B would not oth er- wise do" (202-203). Indeed, any definition of power de- rived, lik e Dah l's, from Weber ([1922] 1978, 53) will im- ply th is k ind of forward-look ing intentionality. Dah l's "g et" implies both th at A acts with intention and th at B's action will occur in th e future. Th e power relation follows th e simplest version of a principal-ag ent model, with th e voter as principal, statically conceived, trying to exercise power over th e representative as ag ent.3 Promissory representation work s normatively th ro- ug h th e explicit and implicit promises th at th e elected representative mak es to th e electorate. It work s pru- dentially th roug h th e sanction th e voter exercises at th e next election (Time 3). Th at sanction is a reward or punish ment for acting or failing to act according to th e promise made at th e previous election (Time 1). Both normatively and prudentially, th e electoral au- dit at Time 3 focuses on wh eth er or not th e promises at Time 1 were k ept. Georg e Bush th us ang ered h is supporters deeply by break ing an explicit campaig n promise ("Read my lips: No new taxes").4 Promissory representation h as th e advantag e th at, at least in its more mandated versions, it reflects in a rel- atively unmediated manner th e will (alth oug h not nec- essarily th e considered will) of th e citizenry. It comes closer th an any oth er model to an ideal in wh ich th e simple imprint of th e voter's will is transmitted th roug h institutions to an equal exertion of power on th e final policy. Alth oug h promissory representation h as never described actual representation fully, it h as been and remains today one of th e most important ways in wh ich citizens influence political outcomes th roug h th eir rep- resentatives. Promissory representation th us focuses on th e nor- mative duty to k eep promises made in th e auth oriz- ing election (Time 1), uses a conception of th e voter's power over th e representative th at assumes forward- look ing intentionality, embodies a relatively unmedi- ated version of th e constituent's will, and results in accountability th roug h sanction. How we conceive of representation beg ins to ch ang e, h owever, wh en we consider th e implications of institut- ing a sanction at Time 3. ANTICIPATORY REPRESENTATION For more th an a g eneration now, empirical political scientists h ave recog nized th e sig nificance in th e rep- resentative system of "retrospective voting ," in wh ich th e voter look s back to th e past beh avior of a repre- sentative in deciding h ow to vote in th e next election. Yet th e normative implications of th is way of look ing at representation h ave not been fully explored. Re- turning to th e model of promissory representation, it seems obvious th at th e power exercised in th at model work s th roug h th e voter's potential sanction of voting a representative out of office at Time 3. Th is is "retro- spective voting ." From th e representative's perspective, h owever, retrospective voting does more th an provide th e potential retribution for brok en promises. It also 2 See, e.g ., Pitk in [1967] 1972, 55ff. Traditional accountability th eory incorporates two analytically separable strands, usually intertwined. In th e first, accountability means only th at th e representative h as an oblig ation to explain ("g ive an account of") h is or h er past actions, reg ardless of th e system of sanctioning (e.g ., Beh n 2001, 220 n. 12, and Guttman and Th ompson 1996). Th e second focuses only on th e capa- city for imposing sanctions for past beh avior (e.g . Manin, Przeworsk i, and Stok es 1999, 8-10). See Fearon 1999, 55, and Goodin 1999. Th is analysis employs th e second meaning . 3 Except wh en discussing Nag el's (1975) definition of power at its h ig h est level of g enerality (see below p. 517), I mean by "power" h ere and elsewh ere "coercive power," a subtype of Nag el's more g eneral power. Coercive power, in contrast to "influence," involves eith er th e th reat of sanction or th e use of force (see below p. 519 and footnote 8). 4 I th ank Doug las Arnold for th is example. As Manin (1997) points out, h owever, no polity h as ever leg ally compelled its representatives to abide by th eir electoral promises. 516 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions 1 American Political Science Review Vol. 97, No. 4 g enerates wh at I call "anticipatory" representation, in wh ich th e representative tries to please future voters. Wh ereas in promissory representation th e representa- tive at Time 2 (th e period in office) represents th e voter at Time 1 (th e auth orizing election), in anticipatory rep- resentation th e representative at Time 2 represents th e voter at Time 3, th e next election. 5 In anticipatory representation, wh at appears to th e representative to be a "power relation" th us work s not forward, but "back ward," th roug h anticipated re- actions, from th e voter at Time 3 to th e representative at Time 2: RT2 -- VT3. Strictly speak ing , th e beliefs of th e representative at Time 2 about th e future preferences of th e voter at Time 3, not th e actual preferences of th e voter at Time 3, are th e cause of th e representative's actions at Time 2. A later event cannot cause an earlier event. Indeed, th e representative's beliefs may turn out to be mistak en. Neverth eless, from th e perspective of th e representa- tive, th e entity th at exerts th e sanction and th us th e control appears to be th e voter at Time 3. Th e model of anticipatory representation th us re- quires a concept of power different from traditional, forward-look ing , intention-based concepts such as Dah l's or Weber's. It requires a concept of power th at can include "anticipated reactions." We find early for- mulations of th is idea in th e writing s of Carl Friedrich (1937, 16-17, 1958, 1963, ch . 11), Peter Bach rach and Morton Baratz (1963), and Steph en Luk es (1974). Th e best formulation for th e purposes of th is analysis comes from Jack Nag el (1975, 29), wh o defined power, at th e h ig h est level of g enerality, as a "causal relation between th e preferences of an actor reg arding an outcome and th e outcome itself." Th e neutrality of th is definition in reg ard to intention and time mak e it compatible with anticipatory representation. Unlik e Dah l's definition, Nag el's definition allows th e anticipated preferences of th e voter at Time 3 (th at is, th e representative's beliefs about th ose preferences) to cause th e actions of th e representative at Time 2. Anticipatory representation directs empirical atten- tion away from th e relation between Time 1 (th e auth o- rizing election) and Time 2 (th e representative's period of service), and toward th e relations th at arise between th e beg inning of Time 2 (th e representative's period of service) and Time 3 (th e next election). Wh en prefer- ences are stable over time, th ere is no important differ- ence between th e voter at Time 1 and Time 3 (Miller and Stok es 1963, 50; Nag el 1975, 24ff). But wh en prefer- ences are unstable or emerg ent, th e representative h as incentives to search during Time 2 for th e ch aracteris- tics of th e voter at Time 3. Because th is anticipation usu- ally poses an extremely difficult information problem (Stimson, Mack uen, and Erik son 1995, 545), th e search prompts attention to public opinion polls, focus g roups, and g ossip about th e "mood of th e nation" (King don 1984, 153; Stimson, Mack uen, and Erik son 1995, 544). It also prompts attempts to ch ang e th e voter at Time 3 so th at th e voter will be more lik ely to approve of th e representative's actions. Th is temporal sh ift h as th ree implications for empir- ical description and analysis. First, th e model becomes more deliberative. Th e space between Time 1 and Time 3 becomes filled with reciprocal attempts at th e exercise of power and communication, much of it instig ated by th e representative: RT2a ++ VT2a ++ RT2b VT2b + etc. + VT3. Second, anticipatory representation prompts atten- tion to underlying interests as well as present pref- erences. Benjamin Pag e (1978, 221-22), for example, points out th at a th eory of democracy based on th e rep- resentative's anticipation of reward and punish ment "orients g overnment responsiveness toward funda- mental needs and values of th e people rath er th an to- ward eph emeral or weak ly h eld policy preferences." Doug las Arnold writes th at th e representative is better off th ink ing of th e voters in th e next election as h av- ing "outcome" preferences rath er th an "policy" prefer- ences (1990, 17, 1993, 409). James Stimson (1995, 545) and h is colleag ues similarly arg ue th at th e information problem involved in rational anticipation encourag es representatives to aim at g eneral rath er th an specific k nowledg e. If we add to th ese formulations th e idea th at voters can ch ang e th eir preferences after th ink - ing about th em, we can find a place in empirical th e- ory for th e concept of "interests" (defined as enlig h t- ened preferences) in wh at would oth erwise be a purely preference-oriented model of political beh avior.6 Th ird, following from th e first two points, anticipa- tory representation encourag es us to th ink of voters at Time 3 as educable (or manipulable). Between Time 1 and Time 3 th e voters can be "educated" not only by th e representative, wh o seek s and prepares "explanations" of h is votes (Fenno 1978; King don 1981), but also- critical for th e practice of democracy-by parties, in- terest g roups, media, opposition candidates, and oth er citizens (Arnold 1990, 1993, 409; Kuk linsk i and Seg ura 1995, 15-16; Young 2001). (In th e following diag ram, g roups, media, opposition and oth er citizens are all de- marcated as "G" for "Groups." Th e arrow indicates both power and communication.) 5 Th e concept of anticipatory representation is th us a corollary to th e concept of retrospective voting (as in Fiorina 1981). With early formulations in Downs 1957, Key 1961, and Fiorina 1974, 32-33,1977, 1981 (see Pag e 1978, 32), th e concept of retrospective voting h as now become standard in American empirical political science. For related views on anticipation, see Fiorina 1989, 5-6, Goodin 1999, Manin, Przework sk i, and Stok es 1999, and Zaller 1994. 6 In th is analysis th e preferences and interests into wh ich delibera- tion sh ould provide insig h t may be self-reg arding , oth er-reg arding , or ideal-reg arding . I th us use th e word "interest" in its American, rath er th an European, sense to include foundational (th at is, identity- constituting ) ideal-reg arding commitments as well as material needs and wants. Because transforming identities transforms interests, interests can be seen both as "enlig h tened preferences" (with "en- lig h tenment" seen as th e product of experience and emotional understanding as well as of simple cog nition) and as ch ang eable and contested. 517 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions 2 3 4 5 6 7 Reth ink ing Representation November 2003 RT2a - VT2a - RT2b - VT2b - etc. * VT3 GT2a ,( GT2ab +> GT2b Arnold (1993), Stimson et al. (1995), and oth ers h ave drawn th e attention of empirical political scien- tists to th is form of representation. Th ey h ave done so, h owever, with out emph asizing its deliberative side. Arnold's "alternative control model," wh ich oth erwise describes well th e process I call "anticipatory repre- sentation," does not fully capture th e crucial elements of continuing communication and potentially ch ang ing voter preferences. Arnold (1993, 410) describes citizens in th e model statically, as acting "more lik e spectators wh o reg ister th eir approval or disapproval at th e end of a performance." Yet Arnold (1993) h imself recog - nizes th at anticipatory representation can be intensely interactive with citizens wh en h e notes th at leg islators "learn from interest g roups, committee h earing s, staff members, and oth er leg islators about th e policy con- sequences and th e political consequences of specific decisions" (412). Interest g roups and committee h ear- ing s are both institutions by wh ich citizens communi- cate th eir evolving interests and opinions (alth oug h not with out intervening biases introduced by th e selection and medium of communication). Arnold also describes leg islators statically, as "con- trolled ag ents." Alth oug h h e is rig h t in saying th e leg is- lators are not "instructed deleg ates," h is ph rase "con- trolled ag ents" does not capture th e leg islators' role as potential initiators and educators. In contrast, th e model of anticipatory representation is in most in- stances interactive and more continually reflexive. An- ticipatory representation derives from a mark etplace model, wh ich Arnold (1993, 412) h imself adopts wh en h e writes th at "movie mak ers, auto mak ers, and real estate developers attempt to anticipate and satisfy con- sumers' preferences." In th e mark etplace, customers are not mere "spectators"; nor are entrepreneurs "con- trolled ag ents." Rath er, customers actively (if not in- tentionally) exert power and influence on th e mark et- place, and entrepreneurs too are active, in search ing out and sometimes even creating preferences. Lik e th e customer/entrepreneur relation in th e mark etplace, th e voter/representative relation in anticipatory represen- tation is best conceived as one of reciprocal power and continuing mutual influence. Th e temporal sh ift produced by anticipatory repre- sentation h as parallel implications for normative th e- ory. Most prominently, it undermines th e traditional understanding of accountability. It th erefore demands new normative criteria in its place. Th e traditional concept of accountability, focusing on th e relationsh ip between Time 1 and Time 2, ask s wh eth er th e representative is doing wh at th e statically conceived constituent wanted th e representative to do at Time 1. By substituting th e voter at Time 3 for th e voter at Time 1, anticipatory representation mak es th e voter at Time 1 irrelevant. If we th ink of th e repre- sentative as an entrepreneur, anticipating future cus- tomers' preferences, th e forces th at mak e th e repre- sentative "accountable" are all forward look ing . Yet it would seem strang e to say th at th e representative was accountable to th e voter at Time 3. Th e arg ument th at anticipatory representation un- dermines traditional notions of accountability will seem counterintuitive, because, of all th e models I introduce h ere, anticipatory representation is most intimately re- lated to th ose traditional notions. Th e desire for re- election is usually, and quite reasonably, interpreted as simply a mech anism for insuring th e fidelity of th e rep- resentative to th e voter's wish es, mak ing no distinction between th e voter at Time 1 and th e voter at Time 3. Indeed, if th e voter at Time 3 does not differ from th e voter at Time 1, th en we can th ink of th e voter at Time 3 as simply doling out th e reward or punish ment to en- force th e power relation in promissory representation. Most th eorists and most members of th e public still envision representation th roug h th e traditional model of promissory representation, in wh ich th e voter's power work s forward and th e representative's atten- tion look s back ward. Th e public's advocacy of term limits, for example, adopts th is static feature of th e tra- ditional model. Th e voters fear th at th e farth er away th e representative g ets from h ome, literally and fig u- ratively, th e weak er th e teth er th at h olds th at repre- sentative to th em. Th e voters want th eir "h ook s" in th e representative to be strong . In th e intensity of th at desire, th ey seem willing to forg o th e reelection incen- tive. Th eir implicit calculus seems not to include th e incentives built into Time 3. But th e sh ift in temporal emph asis in anticipatory representation bring s unexpected normative ch ang es in its wak e. To th e deg ree th at we th ink of th e leg is- lator as representing th e voter at Time 3, we turn th e leg islator into a Sh umpeterian entrepreneur, motivated to try to attract th e votes of future customers. As we h ave seen, in th is conception, strictly speak ing , th e tra- ditional principal-ag ent model disappears. We do not th ink of an economic entrepreneur as an ag ent, with th e future customers as principals. A representative trying to anticipate th e desires of voters at Time 3 h as a pru- dential, not a moral, relationsh ip to th ose voters. To th e deg ree th at th e representative wants to be reelected, h e or sh e will see pleasing th e voters (and funders) at Time 3 as th e means to th at end. Wh ereas in traditional accountability, we would say th at th e representative "oug h t" to do wh at h e or sh e h ad promised th e voters at Time 1, we do not say th at th e representative "oug h t" to try to please th e voters at Time 3. In th is respect, purely prudential incentives h ave replaced a combined moral and prudential imperative. Replacing morality with prudence in th e incentive structure of anticipatory representation leads us to judg e th e process with new normative criteria. It mak es us sh ift our normative focus from th e individual to th e system, from ag g reg ative democracy to delibera- tive democracy, from preferences to interests, from th e way th e leg islator votes to th e way th e leg islator com- municates, and from th e quality of promise-k eeping to th e quality of mutual education between leg islator and constituents. Anticipatory representation forces normative th e- ory to become systemic. In most anticipatory 518 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions 8 9 10 11 12 13 14 15 16 American Political Science Review Vol. 97, No. 4 representation, th e better th e communication between voter and representative in th e interval between Time 1 and Time 3, th e better th e representation. A represen- tative could in th eory accurately anticipate th e desires of th e voter at Time 3 with out any mutual communi- cation. In practice, representatives usually initiate and welcome th e opportunity to communicate with voters, both to anticipate th eir preferences at Time 3 and to influence th em. Th e quality of th at mutual communi- cation th en depends only in small part on th e dyadic efforts of th e representative and th e constituent. It depends much more on th e functioning of th e entire representative process-including political parties, po- litical ch alleng ers, th e media, interest g roups, h earing s, opinion surveys, and all oth er processes of communi- cation. Each of th ese h as important functions in an overall process of wh at mig h t be called "continuing representation." Normative th eory sh ould ask , and em- pirical political science sh ould try to answer, h ow well th e entire representative system contributes to ong oing factually accurate and mutually educative communi- cation (see Williams 1998 and Young 2000, 128, 130 on interaction; Th ompson 1988 on representation over time). Focusing on th e ch ang es in voter and representative between Time 1 and Time 3 also underlines th e deliber- ative function of representation. Recog nizing th at th e representative's initiatives h ave th e potential to ch ang e as well as to anticipate voters at Time 3, normative th eorists sh ould be able to h elp empirical political sci- entists ask wh eth er th ose ch ang es are best described as "education" or "manipulation.7 Manipulation may be disting uish ed by th e intent to deceive or create conditions of ch oice leading oth ers to mak e a ch oice not in th eir interests (see Luk es 1974). Beyond nonmanipulation, th e quality of education can be judg ed by th e deliberative criteria of wh eth er th e mutual interaction between Time 1 and Time 3 mak es th e voters at Time 3 (1) more or less aware of th eir un- derlying interests and th e policy implications of th ose interests and (2) more or less able to transform th em- selves in ways th at th ey will later consider g ood (in- cluding , wh en appropriate, becoming more concerned with th e common interest). Education, in sh ort, is a form of wh at I will call "influ- ence" and manipulation a form of wh at I will call "co- ercive power." With in Nag el's broad understanding of power as preferences causing outcomes, we may distin- g uish analytically between th ese two forms. Influence, mark ed by (relatively) common interests on th e issue between influencer and influenced, is exercised th roug h arg uments on th e merits. Coercive power, mark ed (ex- cept in paternalism) by a conflict of interest between power exerciser and recipient, h as two subtypes: "Th e th reat of sanction," wh ich involves th e will of th e actor subject to power, and "force," wh ich includes not only ph ysical force but any structuring of alternatives th at constrains th e ch oices of th e actor subject to power reg ardless of th at actor's will. "Education" may be conceived as a form of influence, as it work s th roug h arg uments on th e merits and is by definition in th e recipients' interests. "Manipulation" may be conceived as a form of force, as it occurs, by definition, ag ainst th e recipients' interests with out th eir recog nizing ch arac- teristics of th e situation th at mig h t h ave led th em to tak e anoth er action.8 None of th ese forms of power is easy to operationalize, because th eir definitions involve contests over wh at is and wh at is not in an individual's interests. Normative th eorists are currently work ing to de- fine th e appropriate standards for th e use of coercive power and influence. Reg arding coercive power, th e normative th eory appropriate for ag g reg ative mod- els of democracy mandates th at each voter's prefer- ences sh ould h ave roug h ly equal coercive power over th e outcome. In deliberation, in contrast, th e ideal is th e absence of coercive power.9 In deliberation, influ- ence can leg itimately be h ig h ly unequal (at least un- der conditions in wh ich th e unequal exercise of influ- ence does not undermine a roug h equality of respect among participants, foreclose furth er opportunities to exercise equal power, or deny any of th e participants th e opportunity to g row th roug h participation). Knig h t and Joh nson (1998) arg ue convincing ly for an ideal of "equal opportunity of access to political influence" in democratic deliberation. But even th at ideal is a default position, h olding unless g ood reasons can be g iven for unequal access to influence. In formal representation, for example, citizens for g ood reasons place th e rep- resentative in a position of g reater potential influence and coercive power th an most constituents. Wh en a representative uses th at g reater coercive power in a deliberation, e.g ., to set th e ag enda, th at act is not au- tomatically normatively wrong (as sug g ested by both ideals of equal access to influence and absence of co- ercive power) but sh ould be judg ed by th e th ree cri- teria, appropriate to deliberation, of nonmanipulation, illuminating interests, and facilitating retrospectively approvable transformation. Unfortunately for analyses th at try to be purely "ob- jective," questions reg arding voters' interests, in con- trast to th eir preferences, are not susceptible to certain 7 Cf. Jacobs and Sh apiro 2000. "Education" in th is context intrinsi- cally requires disting uish ing wh at people actually want from wh at th ey oug h t to want (and th erefore sh ould be "educated" to want) with reg ard to both means and ends. 8 See Bach rach and Baratz 1963 and Luk es 1974. Th ese stipulative definitions, useful analytically, do not encompass all of th e ordinary meaning s of th ese terms. In th is section, in order to avoid confusion with Nag el's broad definition of power, I h ave labeled "coercive power" wh at elsewh ere in th e paper (along with many oth ers) I simply call "power." Th is analysis omits any discussion of positive incentives, wh ich pose a th orny problem of categ orization in th ese terms (see, e.g ., Barry [1975] 1991 and Nozick 1972). For oth er inter- pretations of power, see, e.g ., Wartenberg 1990. 9 For th e ag g reg ative ideal of equal coercive power (a reg ulatory ideal th at cannot be reach ed in practice), see, e.g ., Lively 1975 and Mansbridg e [1980] 1983 (but cf. Beitz 1989). For th e deliberative ideal of absence of (coercive) power, see, e.g ., Habermas [1984] 1990, 235. (Th is reg ulatory ideal also cannot be reach ed in practice, because no exercise of influence can be separated fully from th e exercise of coercive power, wh ich will always affect th e back g round conditions of th e discussion, th e capacities of th ose in th e discussion, and th e implementation of th e decision.) 519 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions 17 18 19 20 21 Reth ink ing Representation November 2003 resolution. Th ey are "essentially contested" (Gallie 1962). Th ey are neverth eless th e rig h t questions to ask . Th ese questions force th e observer to consider wh eth er th e process of mutual communication with th e representative deepens th e base on wh ich th e voters' preferences rest, or instead introduces misleading con- siderations or emph ases th at, g iven adequate informa- tion and th e time for adequate reflection, th e voters would reject. At th e moment, th e existing representative appara- tus in th e United States does not facilitate well th e processes of mutual education, communication, and in- fluence. For example, wh en William Bianco (1994, 51) ask ed members of Cong ress wh eth er th ey th oug h t th ey could explain to th eir constituents a vote (ag ainst th e repeal of Catastroph ic Coverag e for h ealth insurance) th at th ey considered a vote for g ood public policy, many found th at th eir attempts at education only made th eir constituents ang ry.10 In th is case, some constituents (wh ose private policies covered much of wh at th e bill would provide) h ad far g reater access to influence th an oth ers. Some political entrepreneurs deceived th e pub- lic, probably intentionally (King and Scott 1995). Crit- ically, representatives h ad neith er th e political space nor th e time to explain th eir reasoning to th eir con- stituents and be educated in turn. Th e citizens did not h ave forums in wh ich th ey could discuss tog eth er all aspects of th e matter. Th e deliberative process th us fell far sh ort of meeting not only th e criteria of equal op- portunity for access to influence and nonmanipulation but also th e criteria of interest clarification and (less relevantly h ere) retrospectively approvable transfor- mation, wh ich mig h t h ave justified unequal access. In th e case of Catastroph ic, political parties, th e me- dia, and th e relevant interest g roups played only minor roles in rectifying distortions in th e process of represen- tation. Yet in a polity th e size of th e United States, th ese intermediaries play a crucial role in th e larg er system of representation. By emph asizing th e distance between th e representative and th e voter, th e traditional model of promissory representation puts little weig h t on th e quality of communication between th e two. In contrast, th e incentive structure beh ind anticipatory representa- tion h as created an entire apparatus of opinion polling , focus g roup, and interest g roup activity th at deserves closer normative scrutiny. Rath er th an treating opinion polls and focus g roups as tools of manipulation and in- terest g roups as no more th an th e tool of "special inter- ests," an empirical analysis driven by appropriate nor- mative concerns sh ould ask h ow well th ese institutions, along with opposition candidates, political parties, and th e media, avoid th e biases of unequally funded or- g anizational forms and h ow well th ey serve th e nor- matively worth y purposes of mutual communication and education.1 Such a focus would inevitably draw one away from th e dyadic representative-constituent relation and toward th e larg er system of multi-actor, continuing representation. In sh ort, if in anticipatory representation th e rep- resentative simply anticipated th e preferences of th e voter at Time 3 and made no move to ch ang e th ose preferences, th e ag g reg ative norms of equal power per voter th at underlie th e promissory model would need no supplementation. But if, as seems to be th e case in almost all actual instances, representatives use th eir power and influence to affect th e preferences of voters at Time 3, th e norms of g ood deliberation must come into play, and we must ask wh eth er th e criteria of non- manipulation, interest clarification and retrospectively approvable transformation th at justify unequal access to influence are being met or at least approach ed. Anticipatory representation th us focuses on th e pru- dential incentive to please th e voter in th e next election (Time 3), uses a conception of th e voter's power over th e representative th at allows anticipated reactions, re- places th e constituent's transmission of will with th e representative's desire to please, and sh ifts normative scrutiny from th e process of accountability to th e qual- ity of deliberation th roug h out th e representative's term in office. GYROSCOPIC REPRESENTATION I h ave g iven th e label "g yroscopic representation" to a conception of representation th at not only differs from, but is to some deg ree incompatible with , anticipatory representation. Oth ers h ave called th is representation by "recruitment" (King don 1981, 45), by "initial selec- tion" (Bernstein 1989), or by "electoral replacement" (Stimson et al. 1995).12 In th is model of representation, voters select representatives wh o can be expected to act in ways th e voter approves with out external incen- tives. Th e representatives act lik e g yroscopes, rotating on th eir own axes, maintaining a certain direction, pur- suing certain built-in (alth oug h not fully immutable) g oals. As in th e oth er new models of representation introduced h ere, th ese representatives are not account- able to th eir electors in th e traditional sense. In th is case, th e representatives act only for "internal" rea- sons. Th eir accountability is only to th eir own beliefs and principles. Th is model can tak e several forms. In all forms th e representative look s with in, for g uidance in tak - ing action, to a contextually derived understanding of interests, interpretive sch emes ("common sense"), 10 See also oth er examples in Bianco 1994, 50, and King don 1981, 48 (e.g .: "Very frank ly, if I h ad a ch ance to sit down with all of my constituents for 15 minutes and talk to th em, I'd h ave voted ag ainst th e wh ole th ing . But I didn't h ave th at ch ance. Th ey wanted [x]. If I voted ag ainst it, it would appear to th em th at I was ag ainst [x], and I wouldn't h ave h ad a ch ance to explain myself.) Rich ard Fenno concurs: "... If education is a h ome activity th at by definition h as to h urt a little [in ask ing people to ch ang e th eir minds], th en I did not see a g reat deal of it" (1978, 162; Bianco 1994, 51). 11 Tak ing th ese intermediary institutions seriously as veh icles of mu- tual learning sug g ests expanding and enh ancing th e interest g roup universe in ways th at increase political equality (see, e.g ., Coh en and Rog ers 1995, Crosby 1995, Dah l 1997, Fish k in 1991,1995,1996, Nag el 1992, and Sch mitter 1995). 12 Miller and Stok es 1963 (50) also described th eir "first" means of constituency control as "for th e district to ch oose a Representative wh o so sh ares its views th at in following h is own convictions h e does h is constituents' will." Th eir second means was a form of anticipatory representation. 520 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions 22 23 24 25 2 1 American Political Science Review Vol. 97, No. 4 conscience, and principles. In th e United States, a voter may select th e narrowest version of th e type, dedicated to a sing le issue such as th e leg alization of abortion. Or a voter may select th e broadest version, a person of integ rity with a commitment to th e public g ood. In g en- eral, people often try to select wh at Fearon (1999, 68) calls a "g ood type," with th e ch aracteristics of (1) h aving similar policy preferences to th e voter, (2) being h onest and principled, and (3) being sufficiently sk illed. Th ey explain th eir ch oices, for example, with th e ph rase, "He's a g ood man" or "Sh e's a g ood woman" (Fenno 1978, 55; Miller and Stok es 1963, 54). Ch aracter, including adh erence to principle, is an im- portant feature on wh ich voters select. But it is not th e only feature. In th e United States, voters also use de- scriptive ch aracteristics, along with party identification and indicators of ch aracter, as cues by wh ich to pre- dict th e representative's future beh avior (Popk in 1994). Leg islators th emselves often adopt th is understanding of representation, seeing th emselves as h aving an at- titudinal identity with a majority of th eir constituents (Bianco 1994, 39; Fenno 1978, 115; King don 1981, 45- 47). Th us th e two principal features th at Fearon (1999) enunciates, of h aving policy preferences similar to th e constituent's and being h onest and principled, are an- alytically separable but entwined in practice, because similar policy preferences will not suffice if th e repre- sentative can be bribed.13 In th e "party discipline" models ch aracteristic of much of Europe, representatives look with in to a set of principles and commitments th at derive partly from th eir own ideals and partly from th eir commitment to th e collective decisions of th e party. Th e representative is also subject to party sanctions for not obeying th e party, and th e party in turn is subject to sanctions from th e voters. I focus h ere only on th e model of g yroscopic representation th at prevails in th e United States. In all versions of g yroscopic representation, th e vot- ers affect political outcomes not by affecting th e be- h avior of th e representative ("inducing preferences," as in promissory or anticipatory representation), but by selecting and placing in th e political system represen- tatives wh ose beh avior is to some deg ree predictable in advance based on th eir observable ch aracteristics. Wh ereas in promissory and anticipatory representation th e representative's preferences are induced, in th is model th e representative's preferences are internally determined. Wh ereas in promissory and anticipatory representation th e voters (at Time 1 or Time 3) cause ch ang es in th e representative's beh avior, in g yroscopic representation th e voters cause outcome ch ang es first in th e leg islature and more distantly in th e larg er polity not by ch ang ing th e direction of th e representative's be- h avior but by placing in th e leg islature and larg er polity (th e "system") th e active, powerful element constituted by th is representative. Th e voters th us h ave power not over th e representative, but over th e system: VT1 -- SYSTEMT2. In th is form of representation, th e representative does not h ave to conceive of h im or h erself, in Pitk in's ([1967] 1972) terms, as "acting for" th e constituent, at eith er Time 1 or Time 3. Th e motivations of th e rep- resentative can remain a black box. Th e voter selects th e representative based on predictions of th e repre- sentative's future beh avior derived from past beh av- ior and oth er cues. We may envision th e candidates vying for election as a set of self-propelled and self- directed th ink ing , feeling and acting mach ines, from wh ich th e voter selects one to place in th e system. Af- ter th e selection, th e self-propelled mach ine need h ave no subsequent relation to th e voter. Th e k ey to th e voter-representative relationsh ip in th is model is th us not traditional accountability but deep predictability, in th e sense of predicting an inner constellation of values th at is, in important respects, lik e th e constituent's own. In some electoral systems, th e political party is often far more predictable and easier for voters to relate to th eir own interests th an are individual politicians. In th e United States, a politician's personal reputation, descriptive ch aracteristics, and ch aracter (as th e voters judg e it) provide deep predictability above and beyond th e predictor of party identification. In th e United States, g yroscopic representation forms a relatively larg e part of th e representative pro- cess. As Joh n King don (1981, 45) writes, "Th e simplest mech anism th roug h wh ich constituents can influence a cong ressman is to select a person initially for th e of- fice wh o ag rees with th eir attitudes." Approximately th ree-quarters of th e time King don (1981, 45) found no conflict between wh at a majority of th e constituency wanted and th e personal attitudes of th eir member of Cong ress. Gyroscopic representation (or representa- tion by recruitment) could th erefore comprise as much as th ree-quarters of th e dynamic of representation in th e United States Cong ress. Robert Bernstein (1989) ag rees with th is assessment, dubbing th e prevailing fixation on wh at I call promissory representation and anticipatory representation "th e myth of constituency control." In th e most eleg ant analysis to date, Stimson et al. (1995) provide data sug g esting th at in th e United States Senate and presidency, g yroscopic representa- tion (th eir "electoral replacement") is th e most impor- tant mech anism by wh ich th e representatives respond to public opinion ch ang es. In th e House of Representa- tives, th eir data sug g est, th e most important mech anism is anticipatory representation (th eir "rational anticipa- tion"). Lik e anticipatory representation, g yroscopic repre- sentation h as some ties to th e traditional form of ac- countability postulated in promissory representation, but th ere are also crucial differences. In g yroscopic representation, th e representatives do h ave a norma- tive responsibility to th eir constituents not to lie about th e ch aracteristics on wh ich th ey are being selected at 13 Fearon's "g ood type" th us differs subtly from th e virtuous and wise representative wh om James Madison (along with James Wilson and many oth er Federalists) wanted selected (Manin 1997, 116-19), in being based more on similarity in preferences th an on a universalistic understanding of and commitment to th e public g ood. In emph asizing voters selecting on virtuous ch aracter, Brennan and Hamlin (1999, 2000) also omit similarity in preferences or interests. See also Lott 1987, 183. 521 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions 3 4 5 Reth ink ing Representation November 2003 election time. But in th e g yroscopic model th e deeper accountability of th e representatives is to th emselves or (particularly in electoral systems outside th e United States) to th e political party with wh ich th ey identify. Th ey are not expected to relate to th eir constituents as ag ents to principals. As King don (1981, 46) puts it, in th is model th e member of cong ress "never even tak es [th e constituency] into account." Or, as Fearon (1999, 56) writes, "electoral accountability is not necessary." Th e fiduciary component to th e relation is weak . Th e teth er to th e voter at Time 1 is almost nonexistent. Gyroscopic representation also differs from Burk e's "trustee" form of representation. Burk e ([1774] 1889) envisioned th e representative as a statesman, con- cerned with interests rath er th an mere preferences and with th e interests of th e entire nation rath er th an th e district.14 Yet in g yroscopic representation, th e voter may select a representative only because both voter and representative sh are some overriding self-interested g oal, such as lowering taxes. Or th e voter may select a representative with many of th e voter's own back - g round ch aracteristics, on th e g rounds th at such a rep- resentative will act much th e way th e voter would if placed in th e leg islature. Th e point for th e voter is only to place in th e system a representative wh ose self-propelled actions th e voter can expect to furth er th e voter's own interests. Burk e's "trustee" conception th us comprises one subset with in th e larg er concept of g yroscopic representation. Th e g yroscopic model does resemble Burk e's trustee conception in one important respect. Having decided th at th e representative already wants, for internal rea- sons, to pursue much th e same course as th e one th e voter wants, th e voter often expects th e represen- tative (or th e party) to act with considerable discretion in th e leg islature. Th is expectation opens th e door to creative deliberation and neg otiation at th e leg islative level. Compromises, ch ang es of h eart, and even th e recasting of fundamental interests are all normatively permitted. As we h ave seen, traditional accountability is irrel- evant in th e g yroscopic model. In th e pure form of th e model, as King don points out, th e representative never tak es th e constituency into account and is not expected to do so. Th e quality of ong oing communi- cation between representative and constituent is also irrelevant. In th e pure form of th e model, as King don also points out, th e ong oing communication between th e representative and th e constituent can, even ideally, be nil. Th e normative process of judg ing th is form of representation th us requires criteria th at differ from th ose of traditional accountability. One critical criterion, deliberation at auth orization, requires normatively estimating th e quality of deliber- ation among constituents and representatives before and at Time 1, th e auth orizing election. Good deliber- ation at th is moment would result in voters ach ieving both developed understanding s of th eir own interests and accurate predictions of th eir ch osen representa- tives' future beh aviors. Good deliberation requires th at representatives not intentionally deceive th e public as to th eir future beh avior. Th e voter's aim is to discern and select on th e criterion of commonality of interests between th e representative and th e constituent (see Bianco 1996). A second criterion, ease of maintenance and re- moval, requires th at th e voters be able at periodic in- tervals to reenter th e system, eith er perpetuating its current direction by maintaining th eir self-propelled representatives in office or ch ang ing th at direction by removing one representative and inserting anoth er. Term limits, wh ich mak e sense in a model of promissory representation, mak e little sense eith er for anticipatory representation or for g yroscopic representation. Term limits mak e it impossible to maintain one's ch osen rep- resentative in th e system. In sh ort, th e normative criteria appropriate for g y- roscopic representation are g ood systemwide deliber- ation at th e time of selection (th e auth orizing election) and relative ease in maintaining one's selected rep- resentative in office or removing th at representative and placing anoth er in th e system. Gyroscopic repre- sentation stresses th e representative's own principles and beliefs, sees th e voter as h aving power not over th e representative but over th e system (by inserting th e representative in th at system), and sh ifts normative scrutiny from traditional accountability to th e quality of deliberation in th e auth orizing election. SURROGATE REPRESENTATION Surrog ate representation is representation by a representative with wh om one h as no electoral relationsh ip-th at is, a representative in anoth er dis- trict. As with th e oth er forms of representation, I am not th e first to notice th e importance of th is k ind of repre- sentation in th e United States today. Robert Weissberg described it in 1978 as "collective representation," and Joh n Jack son and David King in 1989 called someth ing similar "institutional" representation. Edmund Burk e h ad a version h e called "virtual" representation, but Burk e's concept focused on morally rig h t answers, wis- dom rath er th an will, relatively fixed and objective in- terests, and th e g ood of th e wh ole, wh ich is only one of many possible g oals for surrog ate representation.15 In th e United States today, individuals and interest g roups representing individuals often turn to surrog ate representatives to h elp advance th eir substantive inter- ests, including th eir ideal-reg arding interests. A mem- ber of Cong ress from Minnesota, for example, may lead th e Cong ressional opposition to a war opposed by sig - nificant numbers of voters in Missouri and Oh io wh ose own representatives support th e war. Th e situation h as ch ang ed from th e time wh en territorial representation 14 For a standard interpretation, see Miller and Stok es 1963, 45: "Burk e wanted th e representative to serve th e constituency's interest but not its will" (emph asis in orig inal). More fully, see Pitk in [1967] 1972. 15 Burk e [1792] 1871. Pitk in ([1967] 1972, 174ff) discusses th ese and oth er ways in wh ich Burk e's concept of virtual representation dif- fers from modern concepts. For a related concept, see Gutmann and Th ompson 1996, 144ff. on 'moral constituents.' 522 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions American Political Science Review Vol. 97, No. 4 captured many of a voter's most sig nificant interests, but in th e United States th e representational system h as not ch ang ed with it. In th e United States, surro- g ate representation-a noninstitutional, informal, and ch ance arrang ement-is th e preeminent form of non- territorial representation. For th e affluent (or th e org anized, e.g ., th roug h labor unions), surrog ate representation is g reatly enh anced by th e possibility of contributing to th e campaig ns of representatives from oth er districts. Individual candi- dates, political parties, and many oth er political org a- nizations as a matter of course solicit funds from out- side th eir districts. Citizens with ample discretionary income find many of th eir most meaning ful instances of leg islative representation th roug h wh at one mig h t call "monetary surrog acy." Surrog ate representation, both state- and nation- wide, plays th e normatively critical role of providing representation to voters wh o lose in th eir own dis- trict. Because both federal and state electoral systems use sing le member districts, with first-past-th e-post, winner-tak e-all majority elections, citizens wh ose pre- ferred policies attract a minority of voters in th eir own districts could th eoretically end up with no represen- tation at all in th e leg islature. Yet with sufficient g eo- g raph ic clustering , th e interests and perspectives th at lose in one district will win in anoth er, so th at voters in th e minority in District A will h ave surrog ate rep- resentation th roug h th e representative of District B. In electoral systems structured th is way, th e accidental supplement to existing institutions provided by surro- g ate representation is crucial to democratic leg itimacy. As we sh all see, if serendipity did not produce enoug h surrog ate representation to meet systemic criteria for leg itimacy, th e electoral system as a wh ole would not with stand normative scrutiny. In th e k ind of surrog ate representation th at is not anch ored in money or oth er contributions ("pure" sur- rog ate representation), th ere is no relation of account- ability between th e representative and th e surrog ate constituent. Nor is th ere a power relation between sur- rog ate constituent and representative: VT1 - 0. Th e only power relation (in th e sense of th e th reat of sanction or th e use of force) arises between th ose wh o contribute money or oth er g oods and th e representa- tives to wh ose campaig ns th ey contribute. In a relation of monetary or contributing surrog acy, th e contribu- tor exerts power th roug h exacting promises as in tra- ditional representation, th roug h anticipated reactions as in anticipatory representation, and th roug h placing in th e system a leg islator wh o will predictably act in certain ways as in g yroscopic representation. Because all th e power th at is exercised in any surrog ate re- presentation work s th roug h monetary or oth er contri- butions and th roug h contributors rath er th an voters, surrog ate representation in th e United States today embodies far more political inequality th an does even th e traditional leg islator-constituent relation. Yet even with out th e fear of losing monetary or oth er contributions, and with out any formal accountability, surrog ate representatives sometimes feel responsible to th eir surrog ate constituents in oth er districts. Leg - islators deeply allied with a particular ideolog ical per- spective often feel a responsibility to nondistrict con- stituents from th at perspective or g roup. Th at sense of surrog ate responsibility becomes strong er wh en th e surrog ate representative sh ares ex- periences with surrog ate constituents in a way th at a majority of th e leg islature does not. Representatives wh o are female, African American, or of Polish an- cestry, wh o h ave a ch ild with a disability, or wh o h ave g rown up on a farm, in a mining community, or in a work ing -class neig h borh ood, often feel not only a par- ticular sensitivity to issues relating to th ese experiences but also a particular responsibility for representing th e interests and perspectives of th ese g roups, even wh en members of th ese g roups do not constitute a larg e frac- tion of th eir constituents. Feeling s of responsibility for constituents outside one's district g row even strong er wh en th e leg islature includes few, or disproportionately few, representatives of th e g roup in question.16 Representative Barney Frank , a Democrat from Massach usetts, consciously sees h imself as a surrog ate representative for g ay and lesbian citizens th roug h out th e nation. Frank , wh o is h imself openly g ay, h as a sympath etic district constituency: "My constituents at h ome understand my position. Issues concerning g ay and lesbian discrimination are important to me." He points out th at h e is able to play th is role because it does not tak e a g reat deal of time and th erefore does not detract much from wh at h e does for h is district. Frank tak es h is surrog ate responsibilities seriously. He be- lieves th at h is surrog ate constituents nationwide "k now I understand th eir concerns. ... I h ave a staff with th ree openly g ay, talented lawyers wh o feel committed to h elping th is problem at larg e.""17 He receives mail from g ay and lesbian citizens across th e nation "reg arding th eir concerns about g ay rig h ts and discrimination," and h e feels a special responsibility to th at g roup, be- cause h e is one of th e few openly g ay members of Cong ress. In h is case, th is sense of responsibility is in- creased because th e constituents wh o write h im from around th e nation are often not in a position, due to prejudice ag ainst th em, to become politically active on th eir own.18 Th e relation of a surrog ate representative with sur- rog ate constituents can also be somewh at deliberative. 16 For African American members of Cong ress see, e.g ., Swain 1993, 218; for women see, e.g ., Carroll 2002; Cong ressional Quarterly 1983, 76; Dodson et al. 1995, 15 21; Th omas 1994, 74; and Williams 1998, 141. For th e political psych olog ical effects of belong ing to a g roup, see Conover 1988. For increased feeling s of responsibility in th e absence of oth er potentially responsible actors, see Latane and Darley 1970. For more on norms of "descriptive" representation, see Mansbridg e 1999, Ph illips 1995, and Williams 1998. Th e feeling s of responsibility g row particularly strong wh en th e disproportionately small number of descriptive representatives can be traced to past or present acts of injustice ag ainst th e g roup. 17 Interview with Representative Barney Frank , April 14, 1997, in DiMarzio 1997. 18 Personal communication from Barney Frank , May 15, 1998. 523 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions Reth ink ing Representation November 2003 In addition to th eir contributions of money, in-k ind ser- vices, and volunteer time, wh ich foster a form of power relation, g roups represented in surrog ate fash ion may provide information and expertise. (Th e moral appro- bation or disapproval th at th ey also provide may be conceived in part as information and in part as an exer- cise of power.) Surrog ate representatives may consult with g roup members, particularly th ose wh o h ave some formal or informal claim to represent oth ers of th e g roup, so th at information and insig h ts flow both ways. Alth oug h dyadic, district-based, representative- constituent accountability is completely absent in pure surrog ate representation, we can neverth eless develop normative criteria to judg e th e deg ree to wh ich , on a systemic basis, th at surrog ate representation meets democratic standards. Th e most obvious criterion is th at th e leg islature as a wh ole sh ould represent th e interests and perspectives of th e citizenry roug h ly in proportion to th eir numbers in th e population. But to th is larg er criterion we must enter certain caveats. First, th e ag g reg ative aims of democracy require th at th e most conflictual interests be th ose on wh ich most effort is made to ach ieve proportionality in representa- tion. Wh en interests conflict in ways th at cannot be rec- onciled by deliberation, th e Ang lo-American th eory of democracy th at h as evolved since th e seventeenth century rests th e fairness of th e conflict-resolving pro- cedure on some approximation to equal coercive power among th e parties. Th e norm of "one person/one vote" implies th e equal individual power of a vote in a direct democracy and equal proportional power in a repre- sentative democracy. Th e more important th e conflict, th e more vital becomes a proportional representation of th e relevant interests. Second, th e deliberative aims of democracy require th at th e perspectives most relevant to a decision be represented in k ey decisions. Such perspectives do not necessarily need to be presented by a number of leg is- lators proportional to th e number of citizens wh o h old th ose perspectives.19 Th e g oal is to produce th e best in- sig h ts and th e most relevant information, th roug h mu- tual influence, wh ich in deliberation may leg itimately be unequal, not th roug h coercive power, wh ich ideally sh ould be absent. Deliberative g oals may also justify some of th e in- equality currently ch aracteristic of surrog ate and oth er forms of representation. Wh en th e deliberative mech - anisms built into an electoral system work well, th ey sh ould select, th roug h "th e force of th e better arg u- ment," ag ainst, at th e very least, th e least informed political positions in th e polity. According ly, th e rep- resentatives in th e leg islature wh o advocate th ese posi- tions sh ould be fewer proportionately th an th e number of citizens wh o h old th at position. Good deliberation sh ould work th roug h th e electoral process as well as th roug h oth er processes of mutual education to winnow out th e least informed ideas, leaving th e best in active contest.20 Th e current surrog ate selection process in th e United States departs sig nificantly from th e democratic stan- dard. Alth oug h existing electoral systems do to some deg ree select th e best ideas, surrog ate systems, even more th an direct elections, select primarily for th e best financed ideas and interests. In th e United States in- equalities of th is sort are often justified on th e g rounds th at th ey reflect freedom of "speech ," as conveyed th roug h monetary contribution. But unequal contribu- tions to surrog ate representatives are, I would arg ue, not justified on th e g rounds of eith er adversary fairness (providing proportional representation to conflicting interests) or deliberative efficacy (providing some rep- resentation for relevant perspectives on a decision). Th e normative questions to be ask ed with reg ard to surrog ate representation differ from th e questions posed by traditional accountability. In surrog ate repre- sentation, leg islators represent constituencies th at did not elect th em. Th ey cannot th erefore be accountable in traditional ways. As in g yroscopic representation, th e leg islators act to promote th eir surrog ate constituen- cies' perspectives and interests for various reasons in- ternal to th eir own convictions, consciences, and iden- tities. Or th ey act to assure th e continuous flow of dollars into th eir campaig ns. Th e normative question for surrog ate representation is not, th erefore, wh eth er representatives accurately reflect th e current opinions or even th e underlying interests of th e members of th eir constituencies. Rath er, it is wh eth er, in th e ag - g reg ate, each conflicting interest h as proportional ad- versary representation in a leg islative body (Weissberg 1978, esp. 542) and each important perspective h as ad- equate deliberative representation. Such a normative analysis must involve a contest reg arding wh at interests most conflict (and th erefore most deserve proportional representation) in ag g reg ation and wh at perspectives count as important in deliberation.22 In sh ort, surrog ate representation must meet th e cri- teria for proportional representation of interests on relatively conflictual issues (an ag g reg ative criterion) and adequate representation of perspectives on mat- ters of both conflict and more common interest (a de- liberative criterion). Surrog ate representation th us fo- cuses not on th e dyadic relation between representative and constituent but on th e systemwide composition of 19 Kymlick a 1993, 77-78, 1995, 146-47, Ph illips 1995, 47, 67ff, and Pitk in [1967] 1972, 84, point out th at deliberation g enerally requires only a "th resh old" presence of each perspective to contribute to th e larg er understanding . Important exceptions to th is g eneral rule come wh en g reater numbers g uarantee a h earing , produce deliberative syn- erg y, or facilitate diverg ences, interpretations, and sh ades of meaning with in a perspective (Mansbridg e 1999). Th e underlying criterion remains, h owever, th e contribution a perspective can mak e to th e decision rath er th an strict proportionality. 20 For "th e force of th e better arg ument," see Habermas [1977] 1984, 22ff, summarized in Habermas [1984] 1990, 235. One would expect g ood deliberation also to reduce or even eliminate th e least moral positions in th e polity. Th e normative issues raised by wh at one mig h t call "deliberative winnowing ," with its tension between respecting "remainders" (Honig 1993) and provisionally recog nizing some ar- g uments as better th an oth ers, require fuller discussion elsewh ere. 21 For a supporting arg ument, see Sunstein 1990. 22 A deliberation among all potentially affected participants, mark ed by a minimal intrusion of power and by better rath er th an worse arg uments, sh ould ideally decide wh ich interests most conflict and wh ich perspectives are most crucial. 524 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions American Political Science Review Vol. 97, No. 4 TABLE 1. Forms of Representation Promissory Anticipatory Gyroscopic Surrog ate Focus Auth orizing election Reelection and Auth orizing election Composition of preceding term leg islature Direction of Over th e representative Over th e represen- Over th e system None for voters; voter power (forward look ing ) tative ("back ward" only for contributors look ing ) Normative Keeping promises Quality of rep/ Quality of deliberation 1. Representation criteria constituent during auth orizing of conflicting interests deliberation during election in proportion to term numbers in population Ease of selection, 2. Sig nificant maintenance, representation and removal of important perspectives Traditional Yes No No No accountability th e leg islature, sees th e represented as exercising no power over eith er th e representative or th e system ex- cept wh en th e represented mak es a (usually monetary) contribution to th e representative, and sh ifts norma- tive scrutiny from constituent-oriented accountability to systemic inequities in representation. DELIBERATIVE, SYSTEMIC, AND PLURAL NORMATIVE CRITERIA Table 1 summarizes some of th e ch aracteristics of th ese different forms of representation.23 Wh en em- pirical political scientists want to answer th e ques- tion of h ow well a political system meets democratic norms, th ey need a democratic th eory th at will clar- ify th ose norms in ways th at mak e it easier to tell wh en real-world situations conform to or violate th em. In th e field of United States leg islative studies, th e democratic norms reg arding representation h ave of- ten been reduced to one criterion: Does th e elected leg islator pursue policies th at conform to th e prefer- ences of voters in th e leg islator's district? Th is crite- rion is sing ular, ag g reg atively oriented, and district- based. In contrast, th is analysis advocates plural criteria (cf. Ach en 1978; Beitz 1989). It furth er sug g ests th at some of th ese criteria sh ould be deliberatively-oriented and systemic. From a deliberative perspective, even promissory representation requires g ood deliberation to ascer- tain wh eth er or not representatives h ave fulfilled th eir promises or h ave persuasive reasons for not doing so. Anticipatory representation requires g ood delibera- tion between citizens and representatives in th e pe- riod of communication between elections wh enever-- as is almost always th e case-a representative tries to influence th e voter's preferences by th e time of th e next election. Gyroscopic representation requires g ood deliberation among citizens and between citizens and th eir representatives at th e time th e representative is selected. Surrog ate representation requires not only equal g ladiatorial representation of th e most important conflicting interests in proportion to th eir numbers in th e population but also g ood deliberative representa- tion of important perspectives. Each form of representation sh ould also be judg ed by its contribution to th e quality of deliberation in th e leg islature. In anticipatory representation, a g ood qual- ity of communication among citizens, g roups, and rep- resentatives between elections probably improves th e quality of deliberation with in th e leg islature. In con- trast, one form of g yroscopic representation-based on voters' ch oosing a representative wh om th ey expect to pursue a vision of th e public interest-facilitates g ood leg islative deliberation not by mutual continuing con- tact and education but by selecting individuals lik ely to deliberate well and leaving th em free to pursue th at g oal as th ey th ink fit. Surrog ate representation con- tributes to g ood leg islative deliberation by mak ing it more lik ely th at varied and important perspectives will be included. Alth oug h a normative judg ment on each of th ese forms of representation involves judg ing th e quality of th e deliberation th at th ey produce or th at produces th em, political th eorists are currently only g radually work ing out wh at th e criteria for g ood deliberation sh ould be. Th e standard account is th at democratic de- liberation sh ould be free, equal, and rational or reason- able. As we h ave seen in th e case of equality, h owever, each of th ese ch aracteristics needs g reater specifica- tion, because not all of th e ordinary lang uag e meaning s of th ese words oug h t to apply to th e deliberative case. Democratic deliberation sh ould be free in th e sense of open to all relevant participants (much h ang s h ere, as elsewh ere, on th e definition of "relevant"). It sh ould ideally come as close as possible (in a world created by and suffused by power) to a situation in wh ich coercive 23 Table 1 presents in a crude form some of th e major points in th is analysis. It does not pretend to incorporate all of th e normative cri- teria relevant to judg ing th e quality of representation (e.g ., "clean" elections, equal votes). Nor does it incorporate all of th e considera- tions presented in th e text. 525 This content downloaded from 150.244.9.150 on Sat, 3 May 2014 11:34:05 AM All use subject to JSTOR Terms and Conditions Reth ink ing Representation November 2003 power h as no role and th e only "force" is th at of th e better arg ument. It sh ould ideally allow equal oppor- tunity of access to influence for all constituents, except wh ere g ood reasons can be g iven for unequal opportu- nity. It sh ould facilitate th e expression and processing of relevant emotions as well as cog nitions. It sh ould be nonmanipulative. And it sh ould both clarify and appro- priately transform individual and collective interests in th e directions of both cong ruence and conflict.24 None of th ese criteria replace th e criterion of constituent-representative cong ruence. Th ey add to it. Indeed, cong ruence of a sort is a factor in each of th e forms of representation. It is most obvious in promis- sory representation, wh ere one would expect explicit promises to reflect points of cong ruence between con- stituent preferences and a representative's future ac- tions. It applies in anticipatory representation to th e re- election, wh ere one would expect constituents to h ave moved both toward and with th e representative's po- sitions and th e representative to h ave moved similarly both toward and with th e constituents. In g yroscopic representation one would expect g reater cong ruence to th e extent th at th e representative was elected de- scriptively to duplicate th e median voter but less to th e extent th at th e representative was elected to beh ave as a principled notable. In surrog ate representation, norms of cong ruence, wh en applicable, apply to th e polity as a wh ole. None of th e recently identified forms of represen- tation, h owever, involves accountability in its clas- sic form. In anticipatory representation, strictly inter- preted, th e representative acts only as entrepreneur, preparing to offer and offering a product to a fu- ture buyer. In g yroscopic representation, strictly in- terpreted, th e voter selects a representative wh o th en acts purely autonomously. In pure surrog ate represen- tation, th ere need be no relation at all between th e representative and th e individual constituent. Th ese th ree forms of representation supplement th e tradi- tional model of promissory representation, wh ich does involve accountability in its classic form. Th ey do not replace th e traditional model; nor do th ey replace th e concept of accountability. As leg itimate and useful sup- plementary forms of representation, h owever, th ey re- quire separate normative scrutiny. In most respects, th ese models of representation are compatible with one anoth er and with promissory rep- resentation. Th ey h ave complementary functions for different contexts and can, th us, be viewed as cumula- tive, not oppositional. Compatibly, th ey direct attention to deliberation at different points in th e representative system: to th e moment of election, between elections, and in th e leg islature. Compatibly, th ey all require each voter's interests to h ave equal weig h t in contexts of conflicting interests, alth oug h promissory representa- tion comes closest to th e normative standard of di- rect democracy, in wh ich th e people th emselves rule. Compatibly, surrog ate representation provides at th e national level elements required for systemic demo- cratic leg itimacy th at th e oth er th ree forms do not provide. Gyroscopic representation is most appropri- ate for uncrystalized interests and ch ang ing situations but requires considerable constituent trust, wh ich many situations may not warrant. Promissory representation requires little open-ended trust but work s badly in sit- uations of rapid ch ang e. Anticipatory representation requires little trust and easily accomodates ch ang e, but produces incentives for sh ort-term th ink ing and manip- ulation focused on th e next election. In a few respects, th e models come in conflict. Most importantly, promissory representation restricts th e representative's action after election, wh ile g yro- scopic representation frees it. Anticipatory represen- tation attracts entrepreneurs; g yroscopic representa- tion, public-spirited notables. Certain functions th at mig h t be th oug h t compatible in a division of labor (e.g ., g yroscopic representation requiring considerable con- stituent trust and anticipatory representation relatively little trust) mig h t, from anoth er point of view, be con- sidered conflicts (institutions th at assume little trust sometimes drive out institutions th at assume g reater trust). Oth er conflicts may become visible over time. Th ese forms of representation are not mutually ex- clusive. Moreover, th ey may interact over time with one anoth er. An anticipatory representative may become a promissory representative at th e next election. A leg - islator may start as a g yroscopic representative and, wing s clipped and some trust lost, become a promis- sory representative. Th e preferences th at constituents express at Time 1 in promissory representation may be th e product of earlier anticipatory, g yroscopic, or surrog ate processes.25 Alth oug h in some respects th e normative criteria for judg ing th ese forms of representation are additive, th e plural criteria of th is analysis do not require th e models to be fully cong ruent with one anoth er, any more th an th e separate normative mandates of free- dom and equality need to be cong ruent. As a conse- quence, wh at representatives oug h t to do wh en faced with constituent preferences th at are not in th e con- stituents' long -term interests or not compatible with th e g ood of th e wh ole is, from th e perspective of represen- tational th eory, indeterminate. 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