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California Constitutional Convention - Another Voice

Patrick Collins, director of the Claremont Institute's Golden State Center for State and Local Government, responded to a recent Los Angeles Times editorial by making the case that a California constitutional convention isn't likely to work. You can read it here.
Californians should not mistake a widely shared dislike of our political situation with shared agreement on what constitutes the common good.
I have written about this already. Just click on my California tag below. I agree that a convention isn't going to work. We need to split the state.

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One Year Later

The fallout has included challenging the state constitution in federal court, and calls for a state constitutional convention. The event was the adoption of the California Marriage Amendment a year ago. My observations about this are over at The Opine Editorials.
Californians did the right thing, despite having the deck stacked against them by the ballot language and by "representatives" who chose to ignore the majority. That is cause for celebration.
Also over there is my take on the latest coverage in the Los Angeles Times of the vote in Maine, which includes a mention of what is going on in the state of Washington.


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Gavin Newsom Gets Out

Yes, in case you haven't heard, San Francisco Mayor Gavin Newsom pulled out - of the race for California Governor. His arrogant declaration that marriage would be neutered "whethah ya like it or not!" was caught on video and helped boost the California Marriage Amendment at the polls. Newsom has been part of the effort to subvert the will of Californians on the matter from the start.

It was hard to overcome that, some of his publicized mistakes, and that his rival for the Dem nomination is former California Governor, and current Attorney General, Jerry Brown. Yes, Jerry Brown - who refused to defend the California Marriage Amendment and argued against it, despite his elected role.

I'm really hoping a true Republican wins in 2010. One that isn't married to a famous Democrat.

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Are Political Petitions Private?

As homofascists seek to harass and intimidate marriage defenders, one of the many legal questions that has arisen has essentially been, as David G. Savage and Carol J. Williams report in the Los Angeles Times:
Is signing a petition and delivering it to the government a public act, like voting on a bill in the legislature or contributing money to a campaign? Or is it more like casting a secret ballot at the polling place?
In the case of Washington State, the Supreme Court of the United States has sought to protect marriage defenders, siding more with the "secret ballot" side.

Marriage neutering activists, however, are eager to get their hands on names of marriage defenders:
Toleos said, "We don't ask people to go confront strangers. This is about finding someone they already know -- a cousin, a friend and co-worker -- and having a civil dialogue."
A civil dialogue? More often then not, when someone I've known has encouraged me to join with them in a move to neuter marriage, and I've declined, no matter our history, the person has been likely to unleash expletive-laden tirades attacking me personally. They insist that me not subjugating my own convictions to their personal desires is akin to hating them and bidding them ill. By the way, I decline their invitation without disparaging or expressing any disapproval of homosexual behavior or the person.

The mainstream news media has reported targeting of marriage defenders and retaliation against them. Considering the bias most of these newsrooms have demonstrated in sympathy towards the marriage neutering cause, where are the reports of marriage neutering advocates being targeted by marriage defenders? Don't see a lot of that, now do we? Just imagine we behaved as they have behaved. The ACLU would be calling for the Justice Department to get involved.

It would be a shame if we all balkanized and retreated into enclaves, only working for employers who agreed with us, only using businesses where everyone agreed with us, only living in neighborhoods where everyone agreed with us, quizzing our friends on their votes and cutting them off if they didn't swear on a stack of chocolate they voted our way. If we are truly to be a tolerant society, we're going to have to exist together.

If I see a bumper sticker that indicates the driver is a marriage neutering advocate, I have no inclination to be any less polite to them than I would be to anyone else. Can marriage neutering advocates reading this say the same thing about learning someone is a marriage defender?

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Attention Voters of Maine: Vote Yes on 1

Your time to be heard has come. You can have your say, and vote your conscience. There's nothing hateful or bigoted about honoring marriage in our state laws. Do not be intimidated or bullied.

Remember to vote, and to vote "YES" on 1. This will protect your state's marriage law from the neutering actions of your legislature. State-issued marriage licenses are issued on YOUR behalf, and if you think marriage unites a bride and a groom, or if you do not want your official state policy to be that coitus (the heterosexual behavior that created all of us in the first place) is no different than homosexual sodomy, then you have good reason to vote "YES". State law applies to all – state-issued licenses are not a private matter. This does have an impact on you.

I go over the case for voting "Yes" on 1 over at The Opine Editorials. Check it out.

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Another Look at California’s Initiative Process

Joe Mathews, an Irvine senior fellow at the New America Foundation, is the latest voice in the Los Angeles Times calling for changes in California’s voter initiative system. He cites recent comments for California Chief Justice Ronald M. George, before going on to write...
With ballot initiatives, voters can set in cement laws and constitutional amendments that will govern the state long after they are dead or have moved away, even if a new majority of Californians would like something different.
Uh, that's what subsequent ballot initiatives can address, or even old-fashioned legislation by the state legislature.
Such a direct democracy isn't worthy of the name. It isn't very direct, and it isn't particularly democratic.
Huh? All registered voters can directly vote on something. You can't get more of a direct democracy than that.

Bowing the public sentiment which favors keeping the system, he calls for reforming the system rather than abolishing it.
Successful reform in this area should not restrict voters or lawmakers. It should seek to free them, and give them more power and discretion -- but it should do so in ways that allow better checks and balances. This could be accomplished with four changes to the current system: Make initiatives subject to the same rules as legislation.

This would mean that, like bills in the Legislature, initiatives would be submitted to the legislative counsel's office for vetting. The drafter of any initiative that added to state or local budgets would have to convince that office that the measure proposed enough revenue to cover those costs.
No. Opponents of the ballot measure can point out the lack of revenue source as a reason to vote no.
More important, initiatives would no longer be immune from legislative amendment. Any initiative that passed could be amended or eliminated by the Legislature after being in place for two years -- the length of a legislative session.
This defeats the whole purpose.
As a corollary, any initiative that seeks to impose supermajority requirements would itself have to pass by a supermajority.
Really? We don't have those kinds of stipulations for other aspects of laws.
Currently, an amendment may be added with a simple majority vote of the people. But the constitution cannot be revised except by a two-thirds vote of the Legislature and a vote of the people. This dynamic -- making it easier to add than to edit -- is one reason California's Constitution has grown so long.
Why aren't these critics complaining about how many laws there are in general? New laws are always being added. So why is having a long constitution bad?

Again, he calls for the legislature to have more involvement, defeating the purpose:
Under the current system, the Legislature holds hearings on each initiative, but there is no formal mechanism for negotiations between initiative sponsors and lawmakers. There should be. An initiative that gains enough signatures should first be put to an up-or-down vote by the Legislature. In addition, lawmakers should be able to offer amendments that an initiative sponsor may accept or reject.
No.
Reform to the initiative process must also address an oft-neglected tool of California's direct democracy, the referendum -- a measure that permits voters to undo an act of the Legislature.
I agree, but wouldn’t that mean it would be easier for voters to "take away rights" the legislature just granted someone?
The signature-gathering standard for a referendum should be lowered substantially, perhaps to 1% of the number of votes cast in the most recent gubernatorial election.
Eh... I don't see a need for this.

As I have said here, here, here, here, and here, California needs to be split up. All of this other talk amounts to arguing over how the deck chairs should be arranged on Titanic.

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Voter Initiatives and Bailouts

Two columns in the Los Angeles Times caught my eye. The second one is on a "student loan bailout". In this first one, though, Tim Rutten bandwagons with his bemoaning of California's voter initiative process. He cites Chief Justice Ronald M. George's statements before continuing...

Serious political historians also agree...

So you are a moron if you disagree, you see.

that, as currently utilized, the California initiative process is a perversion of what the Progressives intended when they inserted these direct-democracy provisions into the state Constitution.

Let us, for the sake of argument, grant that as true. So freakin' what? We all have to play by the same rules. Maybe the "Progressives" were hoping that only their pet initiatives would pass a direct vote, but that's not the way law works. Ain't equality great?

Just because it isn't being used the way those folks wanted way back then is not a good reason to scrap it now.

Moreover, Californians are not particularly unhappy with the initiative process.

Ah, but we’d better find a way to chuck it anyway, right (but only after using it to repeal the California Marriage Amendment, of course)? I'm open to refining the initiative process, but only if California is broken up.

David Lazarus has a column entitled, "How About a Bailout for Student Debtors?"He cites rising fees/tuition costs for higher education. Doesn't he realize that more government involvement, especially in the form of bailouts, will raise those costs? The institutions note that people "have more money to spend" and so they will charge them more. It is called supply and demand.

The Student Aid and Fiscal Responsibility Act (HR 3221) passed the House last month pretty much along party lines. It's now working its way through the Senate.

The bill would eliminate the Federal Family Education Loan Program, thus making student loans much riskier (and hence unattractive) for banks. The Education Department would continue offering direct loans and would presumably dominate the market.

Democrats say the legislation would free up more funds for Pell Grants and other financial aid. Republicans say the federal government would be playing too large a role in higher education.

The Republican’s are wrong. The federal government already is playing too large a role in higher education.

I have no problem with the government, rather than banks, deciding who gets a college education and who doesn't, just as it's the government's responsibility to ensure that everyone gets at least a high school education.

Gotta love incrementalism. Maybe it is time for government to get out of high school education? Banks don't decide. Students and admissions staff decide.

I'm sympathetic, but only because the government has already shown itself to be a soft touch for banks, insurers, carmakers and especially for homeowners, who in many cases had no business taking out loans they couldn't repay.

In that context, I think it's perfectly reasonable for college students and recent grads to seek a little bailout of their own.

Of course! It's a version of the domino theory at work. Government intrusion into one area justifies having it intrude into others. "They got paid!" means everyone else should get "paid", too.

So what about recent grads who did what I did and purposely choose an institution they can afford? Are they just suckers? They sure are, if they could have gone to a more expensive (and thus, more prestigious) university, and had taxpayers pay the entire bill. Boy, I went to school at the wrong time. I bought my house at the wrong time. I bought my car the wrong time. In each case, I missed handouts from other taxpayers. I guess I’m a sucker.

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Candidates Who Didn't Vote: Does It Matter?

Whenever it comes out that a political candidate wasn't a registered voter or didn't cast a vote in some or all past elections, it becomes an issue. I can see why political junkies care, because they eat and sleep elections, and someone coming to the playing field who isn't like them in that respect is odd to them.

I have voted every time I have been allowed to cast a vote - save perhaps one ballot on which only a minor local issue or two could be found and no candidates for major office. But I do think it is possible that someone else could have decided they didn't think it mattered or hadn't studied up enough to vote. I don't think everyone should vote - unless they have actually considered for themselves the merits of voting one way or the other.

Lately, this lack of voting has been one of the questions about Meg Whitman, who is seeking to be elected Governor of California as a Republican.

Does it matter to you if a candidate skipped on voting in the past? I'm not talking about elected legislators failing to vote on legislation. I'm talking candidates who have only recently gotten involved in politics. To me, it depends on the reasons why the person didn't vote.

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Larry Lopez Headed to Trial

We have an update on the case against community organizer Nativo "Larry" Lopez. Latest word from Salvador Hernandez in the Orange County Register is that a settlement agreement couldn’t be reached. He's facing four felony charges of voter fraud.
Lopez, who is national president of Mexican American Political Association and national director of Hermandad Mexicana Latinoamericana, said the charges against him were groundless and he and his attorney planned to fight the allegations.
Of course they are groundless.
Lopez has faced voter trouble in the past, including in 1996 for allegedly registering new citizens in the congressional district where Democrat Loretta Sanchez upset incumbent Bob Dornan.

A congressional investigation found some voters had cast ballots before their citizenship was finalized. The Orange County District Attorney’s office investigated the allegations, but no charges were filed.
Poor persecuted Larry.

Previously:

Community Organizer Larry Lopez May Settle

Larry Lopez Facing Felony Charges

Straight From the Burro's Mouth

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More Older, White Voters Stayed Home in 2008

Doesn't this mean we should call for an expensive national federal outreach program?  We can run ads during "Wheel of Fortune" and "Matlock".  Oh, but old people aren't watching TV anymore because of the digital switchover.

Surely, this must be proof of vote suppression!

They couldn't even get out to support old, white McCain?


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California Campaigns and the Constitution

How will the marriage issue impact the 2010 race for Governor? Should the threshold for amending the state constitution be changed? And what's going on with the marriage defenders and the marriage neutering groups?

All of that was covered in the MSM over the last few days.

I promise this is the last time I will write this today - my analysis is over at The Opine Editorials.
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Pointless Polls and California

All polls are not created, conducted, and reported equal.  Some are actually pointless to report to the general public - they only help people planning political campaigns.  Check out this classic Playful Walrus installment.

Even when we actually vote, elected officials either don't get the message, or pretend they don't.  That's going on right now in the wake of our latest statewide vote in California.  Our representatives are not telling the truth about what the vote meant when we strongly rejected the ballot measures dealing with the state budget.

We were not confused.
We were not tired of voting.
We were not saying that we didn't want to be bothered with budget matters.


The truth is, we were saying that we're tired of tax increases, and we don't want to feed the beast anymore.  Our state government has grown much faster than our population.  Our budget has grown much faster than inflation and population.  It is unsustainable.

We don't want more or higher taxes. Sure, this contradicts the fact that we elect big spenders.  But in part, that is due to the way districts are drawn, and that districts full of illegal aliens and others who don't vote may have a tenth of the voters of a conservative district.  So while there are more big-spending legislators than fiscally restrained ones, I'd wager (if I was a betting man) that the total number of votes for all of the fiscally restrained legislators combined is higher than for the socialists.

Regardless, the state California is out of money.  The people don't have any more to give.  It is time to cut.

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The Missed Potential of Governor Schwarzenegger

I've been politically aware since the early 1980s.  One of the biggest disappointments I have experienced is Arnold Schwarzenegger's stint as California Governor.

Shortly after Governor Gray Davis, a lifelong public servant (politician), was re-elected in November 2002 to his second term, it became apparent the State of California was heading towards fiscal disaster.

Fed up with the budget, energy problems, and feeling deceived, the voters of the state invoked their ability to recall the Governor.  Schwarzenegger, who had never run for political office but was known to be somewhat politically active and a concerned businessman (and one of the few outspoken Hollywood "conservatives"), jumped onto the wave and surfed it to victory in the special October 2003 recall election, surviving against not only liberal Democrat Lt. Governor Cruz Bustamante, but authentic conservative fellow Republican and experienced politician Tom McClintock and over a hundred other candidates, including actor Gary Coleman, "adult" film performer Mary Carey, and "adult" magazine publisher Larry Flynt.

Schwarzenegger received 48.58% of the vote, more votes than the next three candidates combined, and more votes that the number of votes cast against the recall of Davis.  It was the closest thing to a mandate a person could get under the circumstances.

He had run on a platform of opposing new taxes and tax increases, repealing a recent tax/fee increase, reforming state government, and cutting waste.  He cited his experience with business and his wealth protecting him from being influenced by campaign donations.

However, he still had a Leftist Democrat legislature to deal with, the government employee unions to whom they were beholden, the contractual obligations they had crafted, and certain voter-instituted budgeting requirements.  He still had a federal government ineffective at stemming the influx of poor, unskilled illegal aliens into the state, costing taxpayers billions of dollars (law enforcement/courtroom/prison costs, public emergency rooms, public education, etc.).

Schwarzenegger gave voters a chance to institute some of his promised reforms with a set of ballot measures, but they were defeated after the government employee unions spent tens of millions of dollars and convinced enough voters that the measure would result in everyone losing their jobs, getting cancer, and having to watch as their children would be starved in the streets while their homes burned and their pets were tortured.

Upon defeat of his reform measures, Schwarzenegger decided to make his wife happy and give up fiscal conservatism entirely, though he still pretended to be a fiscal conservative and opposed to new taxes and tax increases for the sake of getting re-elected in 2006.

Under Governor Schwarzenegger, the size of California government and the size of the budget have both continued to grow much faster than inflation and population,
as he has signed off on irresponsible budgets, using shell games to temporarily plug deficits to meet state constitutional requirements to have a "balanced" budget.

Instead of reforming state government or at least reigning in spending, he decided to focus on imaginary problems like "global warming."

Unfortunately, the Republican legislators, a minority but still able to block tax increases, went along with Schwarzenegger and the Democrats in a scheme to institute the largest state tax hike in national history, and are now trying to deceive California voters into voting for an extension of those tax increases, and further feed the beast by approving the redirection of restricted funds.

Frankly, I'm surprised that Schwarzenegger hasn't yet publicly switched to being a registered Democrat so as to curry favor with Obama.

The only consolation for Californians like me is that it is possible that things would have been even worse if Gray Davis had remained, and then another Democrat was elected in 2006.  We'll never know if a full second term of Davis would have gotten people angry enough to vote for a real conservative like McClintock.

California is a beautiful place rich in natural and human resources.  However, increasing restrictions and red tape take those natural resources out of use and away from the masses.  Graffiti, gangs, and third-world poverty culture increasingly clutter the view.  Productive Americans are fleeing and being replaced by poor, unskilled, uneducated (and often violent) illegal aliens, and businesses are fleeing, too.

Tomorrow, it looks like the voters will reject (via ballot propositions) the monstrosity of a "budget deal" concocted by the state Democrats and their pliant Republican counterparts, and a Governor desperate for some sort of approval.  Schwarzenegger and others pushing the measures threaten that a rejection means layoffs of firefighters, police officers, teachers, and nurses, and the release of thousands of prisoners - as if those are the only people making up the state government workforce, or the only costs the state has.

However, the taxpayers of California have had enough.  Our state government has grown way to large and spends way too much.

Governor Schwarzenegger's only possible redemption will be if he embraces the voter rejection and finally – finally – pushes for a significant reform of state government.  I don't know if it is possible, given the legislators the voters have installed.  A more likely scenario is a bailout of the state by the federal government at the direction of Pelosi and Obama, in a way that will simply extend the problems, and possibly create new ones.

It is too bad that Schwarzenegger has seemingly forgotten his 2005 "State of the State" speech (which was prior to voter rejection of his reform initiatives), in which he said the following...
"To solve the budget’s continuing structural deficit, we must reform the way the government spends its money. And to restore the trust of the people, we must reform the way the government operates.
...
My colleagues, I say to you, political courage is not political suicide. Ignore the lobbyists. Ignore the politics. Trust the people.
...
Do the math. Our revenue increases by more than 5 billion but our spending increases by over 10 billion. We don’t have a revenue problem. We have a spending problem.
...
A lot of people say, 'Arnold, why don’t you just raise taxes and be done with it?' Well, as I said earlier, we don’t have a revenue problem. We have a spending problem. We could raise taxes by billions but that would only further drive up spending by billions of dollars.
...
I can also announce that we intend to wipe out nearly 100 unnecessary boards and commissions, abolishing over 1000 political appointments in the process.

No one paid by the state should make $100,000 a year for only meeting twice a month.

I know the special interests will oppose all the reforms I have mentioned. Any time you try to remove one dollar from the budget, there are five special interests tugging on the other end. Anytime you try to make something more efficient, there are a half-dozen special interests trying to prevent it.

The result is that nothing changes in Sacramento. This place is in the grip of the special interests.

The people of California demand reform. That is what the recall election was all about."
Will that Arnold Schwarzenegger be back?  I certainly hope so.

Proposition 1A: NO!!!
Good: Requires tax increases to go along with spending increases, if that can really be called good.  Creates a rainy day fund, though that is likely to be raided.
Bad: Hidden tax increase extension.

Proposition 1B: NO!!!
Good: Restores planned increases in government education funding, if that can really be called good.
Bad: This bribe to the government teacher union raids the “rainy day” fund created in Prop 1A (and thus depends on Prop 1A passing, too.)  Even the Los Angeles Times recommends “NO”.

Proposition 1C: NO!!!
Good: Supposedly reduces the “need” for more immediate tax increases.
Bad: Borrows against hoped-for future lottery revenues.  Uh, won’t we need that money later?  Feeds the beast.

Propositions 1D & 1E: ???
Good: Supposedly reduce the “need” for more immediate tax increases by taking money currently going unused in targeted funding (taxes on seven-figure income and cigarettes for mental health and pre-school education) and adding it to the general fund.
Bad: Feeds the beast.

Proposition 1F: ???
Good: Supposedly keeps lawmakers from getting salary increases when there is a budget deficit, but in California, a balanced budget is required.  So, what does this really do?
Bad: Could encourage legislators to approve tax increases so they can get raises.  Also, passage will politically reward a Republican legislator who sold out and broke a pledge by agreeing to tax increases.
(Prop 1F is the only on that appears headed for passage.)
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Whethah Ya Like It Or Not!

It's finally official.  This door's wide open now.  It's gonna happen.  San Francisco Mayor Gavin Newsom, who was instrumental in goading the California Supreme Court into neutering marriage licensing, and whose overconfident "whethah ya like it or not!" pronouncement was effective in helping Californians to pass the California Marriage Amendment... is running for Governor.

Still no official word from Los Angeles Mayor Tony "We Clean Your Toilets!" Villar on his candidacy.
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