The Opening Dilemma: Why Democracies Cannot Found Themselves

Abstract

Abstract Democratic states often claim that their authority rests upon the “will of the people” as expressed through representative institutions. However, there is an irresolvable conundrum that undermines that claim: the “opening dilemma” that invariably attends the founding of democratic states during which those representative institutions are created. While familiar to democratic theorists, the “opening dilemma” has many hitherto unexplored dimensions, among them its actual occurrence in democratic politics. Using the 1869 Illinois Constitutional Convention as a case study, the article demonstrates why individual preferences cannot effect a founding without the intervention of arbitrary and thus undemocratic authority. The conclusion suggests why the opening dilemma might become a serious threat to American democracy if the nation were to attempt to convene a new constitutional convention.