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Deliberative democracy offers a distinctive and appealing conception of political life, but is it one that might be called into service to guide actual reform of existing American election law? This possibility seems remote because American election law and deliberative democracy are built around different priorities and theoretical premises. A foundational area of disagreement lies in the treatment of majorities. Election law is structured, at both the legislative and constitutional levels, so as to privilege majorities and systematically to magnify their power, whereas deliberative democracy aims at privileging minorities (or at least de-privileging majorities). The main purpose of the election law now on the books is to narrow electoral choice; it seeks at every step to exclude views from public conversation in a process of winnowing out those that command the support only of a minority. Deliberative democracy's goals and methods, in contrast, stress at every turn the inclusion of many voices,...

The Incompatible Treatment of Majorities in Election Law and Deliberative Democracy