Help Repeal 2/3 Rules in California
The ill-conceived budget and constitutional amendments that went with it have been rejected...now what?

Fear not. All is not lost. Now the fun begins. The state budget, like most state budgets, is in a shambles. Unlike most states, however, here in California we have no good solutions because of the undemocratic 2/3 rules. In an act of deliberate irony I'll quote the godfather of casino capitalism and deregulation, Milton Friedman “Only a crisis produces real change. When that crisis occurs, the actions that are taken depend on the ideas that are lying around." Well, we do have some good ideas lying around right now and I will outline them below, but first we must give our Democratic Assembly members and Senators some much need courage.
The following is from the Professor of Cognitive Science and Linguistics at the University of California, Berkeley, George Lakoff. He is also a very good political strategist who understands framing and its importance in political debate.
"The Democratic leadership should listen to its grassroots.They should immediately stop negotiating with the governor and other Republicans on how to destroy even more of what makes our state human. The Democrats, as a whole body, not just the leadership, should assert their majority, decide for themselves how they want to deal with the shortfall, and then invite the defeated Republicans publicly to join them and take their proposals to the public, first organizing serious grassroots support. "
We must immediately reject the frame that the Governor and the Republicans are trying to put on this special election. They are trying to claim that the voters have spoken and that they/we want cuts and only cuts. Already some moderate and weak Democrats in the legislature are beginning to parrot this idiocy. It is important that we reach out to our Democratic Assembly members and Senators and let them know that we want them to fight, not just cut cut cut. I could go into my justifications for this position, but I think I will rely on some people that know much more about polling and what actually happened in this election instead. From a polling memo by David Binder Research, here are the facts on this recent special election:
Contrary to what the Governor is saying after the defeat of his proposals, Prop 1A did not fail because voters delivered a message to “go all out” in cutting government spending. The all-time record low turnout for a statewide special election clearly demonstrates the lack of depth to that argument. Prop 1A did not generate a spike in turnout and taxes were not cited as the main reason why voters overwhelmingly rejected Prop 1A. Support for a state budget that relies solely on spending cuts is very limited – even among those voting no on Prop 1a.
Voters in this election were more likely to be Republicans and less likely to be Independents, whereas Democratic voters came out in proportions consistent with past turnout. Of those that voted in this election, 43% were Democrats, 42% were Republicans and 15% were Independents or minor party voters. This past November, the electorate consisted of 46% Democrats, 32% Republicans and 22% Independents or minor party voters.
In November 2010, the electorate will be a group that is more supportive of the revenue options tested in the survey, and more strongly opposed to only using cuts to balance the state budget. While only 36% of voters that turned out for the May 19th election supported using entirely budget cuts to balance the budget, even fewer – only 24% -- of non-voters felt the same way.
As I've been writing recently the real culprits in this situation are the 2/3 rules that give inordinate, undemocratic power to the minority party. We need to stand up and point the finger at the Republicans and dare them to destroy the largest economy in the entire United States. If they choose this incredibly irresponsible option, we need to hold them accountable by any legal means necessary. These may include recall proceedings on reckless, recalcitrant Republican Senators who obstruct and refuse to compromise on their already demonstrably failed ideology. Further, we need to target the 2/3 rules and eliminate their undemocratic influences. It is irrational to cling to the same failed, anti-tax, free-market ideology of the likes Grover Norquist. Our own State Senator, Tony Strickland, won his Senate seat by the thinnest of margins, yet he ignored at least 50% of his constituency and stood against passing a reasonable budget. Now that the special election has failed it is time to get to work on repealing the 2/3 rules and returning Democracy to California. More from George Lakoff:
The Democratic leadership should immediately take the initiative on a 2010 ballot measure, a supremely simple one-sentence measure. It would go something like this:All budgetary and revenue issues shall be decided by a majority vote in both houses of the legislature.
One sentence. Simple. Straightforward. Understandable. And democratic. It should be called the California Democracy Act. From grade school on, we associate democracy with majority rule. It will make sense to voters – at last!
The term “revenue” would cover taxes without waving a red flag.
Up to now, Democrats have been acting like sheep being herded by the Republican minority. They need to show courage and stand up for what they believe. That’s what the voters are waiting for... The voters have spoken. You Democratic office-holders have(sic) chance to come out on the side of the voters. Take it!
Now, this is likely to be an ugly fight and we need to be prepared for the long haul. In addition to the repeal of the 2/3 rules, we have another good idea lying around that we should pursue. The Constitutional Convention. I've been researching this possibility whereby delegates would get together and either revise or change entirely the state's Constitution. Just this morning I was converted to be supporter of a Constitutional Convention. My initial fears centered around just who exactly these delegates would be. I was, and am still concerned about the process by which decisions would be made on any new Constitution, but many of my fears were allayed by a person with far more understanding of the process than I. Blogger and Public Policy Director for the Courage Campaign, Robert Cruickshank addressed my fears on Calitics:
1. There are two possible routes to a convention. The first is the existing route - 2/3 of the Legislature votes to call one. Under Article 18 of the Constitution delegates would then be elected by Assembly district. There is some gray area here - how many delegates per district? Would the convention's scope be limited to exclude social issues? (One method is to say the convention cannot propose to voters anything amending Article 1). It's unclear whether a 2/3 majority can be obtained for a convention in this Legislature. The obstacle would not necessarily be the GOP, but instead might be established interests who fear what a convention might do.The second route is through two initiatives. "Prop A" would change the Constitution to allow voters to call a convention without the Legislature. "Prop B" would then actually call the convention pursuant to the approval of Prop A. Prop B is where the key details would be - how are delegates picked? What would the scope be?
2. The key debate over the details will indeed be how delegates are picked. Some want a "jury" style method, such as the British Columbia Citizens Assembly used (where a random sample gets sent a request to serve, those who want to serve send it back, and that gets whittled down to a certain number through various processes). Others want a election process. That could be big and progressive - say, 15 per assembly district, elected under public financing rules. There are Voting Rights Act and maybe even Prop 209 considerations to this, although one could write the initiative to specifically exempt it from Prop 209. We could also exempt current and former legislators, as Montana did in their Con-Con in 1972.
3. It is possible that a Con-Con push could suck air away from 2/3rds. My own view is we need to fight a multi-front war. A Con-Con would not present its recommendations to voters until 2011 or 2012. We could get a 2/3rds change on the November 2010 ballot.
4. This is by no means a Republican trick. The Courage Campaign has backed this ever since 90%+ of our members said "yes" to the idea in September. The Bay Area Council are a group of moderates, are by no means anti-government wackos, and understand and embrace the goals of empowerment. We have other progressive groups like Common Cause on board and we're working in building a bigger coalition. Sure, the Republicans and the C of C will want to game it. But that's why we go to the people. That's why we empower the people through a Convention.
I cannot imagine that a convention comprised of the people would embrace Republican solutions. Those solutions are deeply unpopular. Even if the convention did propose that, we can kill it when it goes before voters for ratification (they would ratify the package as an up-or-down vote).
5. The status quo is a failure. We cannot continue like this - and in fact, we will not continue like this. We have had a slow-motion Constitutional Convention since 1978, driven mostly by the right. Arnold's proposals have all be amendments to the Constitution. Some of these have already passed - like Prop 11. Others will pass, like the open primary. If we don't get out in front via a Convention of the people, progressives will fall behind and the Constitution will change through other means into something more conservative.
We need to contact our Democratic State Senators and Assembly members let them know that we have their back. That we want them to fight and not cut. That we want a repeal of the 2/3 rules. That it is okay to behave like the majority party.
Here is a list of Democratic State Senators and Assembly members in our area. Unfortunately here in Ojai we are represented by Republicans, Tony Strickland in the 19th District in the Senate and his wife Audra Strickland in the 37th Assembly District. I'll include their information, though they will not listen to us:
ASSEMBLY
37th - N Ventura County and NW LA County - Strickland, Audra (916) 319-2037 - Room 4208 - email
35th - SB County -Nava, Pedro (916) 319-2035 - Room 2148 - email
40th - W LA County - Blumenfield, Bob (916) 319-2040 - Room 6011 - email
41st - S Ventura County and W LA County- Brownley, Julia (916) 319-2041 - Room 2163 - email
42nd - LA County - Feuer, Mike (916) 319-2042 - Room 3146 - Assemblymember.Feuer@assembly.ca.gov
44th - LA County- Portantino, Anthony J. (916) 319-2044 - Room 2003 - Assemblymember.Portantino@assembly.ca.gov
53rd - SW LA County - Lieu, Ted W. (916) 319-2053 - Room 3173 - Assemblymember.Lieu@assembly.ca.gov
57th - E LA County - Hernandez, Edward P. (916) 319-2057 - Room 4112 - Assemblymember.Hernandez@assembly.ca.gov
SENATE
19th - SB County and Central Ventura County - Strickland, Tony - email
Thousand Oaks Sacramento Santa Barbara
(805) 494-8808 (805) 965-0862 (916) 651-4019
16th - Kern County - Florez, Dean - email
Fresno Sacramento Bakersfield
(559) 264-3070 (916) 651-4016 (661) 395-2620
20th - E. Ventura County and W. LA - Padilla, Alex - email
Van Nuys Sacramento
(818) 901-5588 (916) 651-4020
21st - LA - Liu, Carol - email
Glendale Sacramento
(626) 683-0282 (916) 651-4021
23rd - W LA - Pavley, Fran - email
Santa Monica Sacramento
(310)441-9084 (916) 651-4023
24th - SE LA - Romero, Gloria - senator.romero@sen.ca.gov
Los Angeles Sacramento Baldwin Park
(323) 881-0100 (916) 651-4024 (626) 337-2760
25th - S LA - Wright, Rod - email
Inglewood Sacramento Long Beach
(310) 412-0393 (916) 651-4025 (562) 427-1028
27th - S LA - Lowenthal, Alan - senator.lowenthal@sen.ca.gov
Long Beach Sacramento Paramount
(562) 495-4766 (916) 651-4027 (562) 529-6659
28th - S LA - Oropeza, Jenny - email
Redondo Beach Sacramento
(310) 318-6994 (916) 651-4028
Call or email these folks and let them know that you support them and that you want to see them fight against the undemocratic 2/3 rules and place the blame where it belongs, on the minority party.
To my mind, getting a functional California out of this is the ultimate goal. We are the richest economy within the richest country on Earth. There are so many things we could do here in our state that would help everyone. Just take our vehicle fuel efficiency and reduced greenhouse gas emissions efforts for instance. We have the highest standards in the country and in most of the world. Tuesday, President Obama made California's standards the new national standards. That's a far cry from the dark days of the Bush Administration when we were told that we couldn't set our own standards. Of course it was kind of funny that Schwarzenegger was invited by Obama to the announcement in DC just as the Governator was being severely beaten here at home.



Comments (13)
Of course it was kind of funny that Schwarzenegger was invited by Obama to the announcement in DC just as the Governator was being severely beaten here at home.
Where was it reported he was invited by Obama? And how much greenhouse gas did Ahhhnold spew on his private jet to attend the announcement? Face it, the girly-man ran away! Power to the people!
Comment #1 Posted by: Anonymous | May 21, 2009 07:55 PM
Well, he definitely found a reason to be out of the state while he was having his ass handed to him. RUN AWAY!
Comment #2 Posted by: Spk | May 21, 2009 09:45 PM
shawn,
yyou pill!! get a job.
best
ervee' villache
Comment #3 Posted by: Anonymous | May 22, 2009 09:58 AM
Wow, a 2/3rds vote being represented as un Democratic???? That rant is way farfetched. And California is going bankrupt because of the Repulicans, what planet are you from? Maybe you ought to just put a proposition out there to remove the name Republicans from the ballot. Look at the entitlements passed by the Dems, look at the exploding public employee pension costs passed by the Dems, and you say this economy has even more that it can freely give away, I don't think to in today's environment. And if you're infering that somehow it was the Republicans that voted down these propositions, wrong again, seemed a pretty united message that California can't follow the feds lead and must live within its means. That's higher taxes or lower costs or maybe we should start participating in Power Ball more often. Which one Sean, higher taxes or lower costs? The message seemed pretty clear to me.
Comment #4 Posted by: brian | May 23, 2009 10:38 AM
Guess you didn't read the post-election poll and analysis that shows that the electorate in this special election was skewed toward conservative voters. Those same conservative voters, when asked if the budget should be a cuts only budget, were overwhelmingly against the cuts only solution. They were overwhelmingly for new taxes. And these are conservative votes. Kind of flies in the face of the Republican spin that the voters want us to "live within our means." a phrase traced directly back to the RNC.
Do a little more homework Brian and you will see that Prop 1D & 1E put the lie to your analysis. 1D sought to raid the First Five "surplus" that was put in place by initiative and funded with a tax on tobacco. That's right, a majority of voters in this state passed an initiative that raised taxes to help young and often poor children. Well the 2/3 rules in the legislature made it impossible to raise revenues because of the recalcitrant minority party so the desperate legislature tried to raid the funds created by the voters with 1D.
Similarly 1E sought to raid the funds of another initiative created "surplus" for the mentally ill. Ever since Ronald Reagan turned the mentally ill out on the streets this state has done nothing for this blighted group of our population. The voters, disgusted by the plight of these poor people and sickened by the inability of the legislature to fund any solutions because of the obstructionist minority party and the 2/3 rules took matters into their own hands via initiative and imposed a 1% tax on the wealthiest in our state. Yep, once again the voters in this state voted for a new form of revenue so that they could address a serious problem that was being ignored by the legislature because of the 2/3 rules. 1E wanted to steal that money because the desperate legislature has no way to function as a legitimate legislature because of the 2/3 rules. Yes Brian, the 2/3 rules are demonstrably undemocratic, anti-democratic and extra-democratic.
Comment #5 Posted by: spk | May 23, 2009 11:04 AM
Sean, I think we must be reading different analysis, mine ranging from the liberal (imho)online rags to not quite so. Heck, even the Ojai Democratic party was at odds with other similar leaning groups on how to vote, if I remember correctly. I searched and searched and couldn't find a consensus on what to vote other than No across the board, which seemed to be the general consensus in the Letters to the Editor in the online newspapers I read daily, that is except for F, I believe.
If an idea is so geniune and valid why is it that 2/3 of the folks can't reach agreement? To say its JUST party obstructionism is a bit simplistic, although that will somewhat exist on BOTH sides till time ends. Had this been a simple majority for increasing our taxes, as the Dems wanted, those of us who pay taxes, would have seen them increase even more than now. We're I a business owner, other states would truly beckon over this redistributive state, but that's just me.
And if you think the phrase "live within our means" harkens solely back to the RNC, then you need to be talking with my Democratic friends.
Sean, I can see you're a proud Democrat and holding fast to the flag blaming the minority Republicans for all of the ills created by the overwhelming majority Democrats, happens at the Fed level, why not here. And don't throw Arnold in my face, to me he is a RINO.
So, if it was simply majority rules, what solutions would you put in place Sean? How high can you tax the few remaining before they leave (pun intended) you with your good intentions and no money to pay your obligations? Why should the private sector continue to watch it's unemployment rate skyrocket (although down this month), while goverment continues to grow at their expense? 60,000 new jobs nationwide, the only sector growing.
To close, I'm pretty sure we will both agree on our gratefulness for those who fought for our right to exchange our opinions this Memorial Day weekend. Thanks for the discussion Sean, I'm out of here.
Comment #6 Posted by: Brian | May 23, 2009 03:54 PM
Hey Brian, I have always admired your tenacity, audacity and child-like loyalty; even as you continue this ridiculous charade of completely ignoring the inherent futility of defending the indefensible and attacking the righteous.
Comment #7 Posted by: Brain Trust | May 23, 2009 06:38 PM
Brain trust, I revel in your admiration. Attacking the righteous??
Sean, an editorial in the Los Angeles Times today that tends to support some of your thinking. I found it interesting and thought you might also.
http://www.latimes.com/business/la-fi-hiltzik28-2009may28,0,1859108.column
Sean, thanks for your multi-interest posts.
Comment #8 Posted by: Brian | May 28, 2009 10:11 AM
Brain trust, I revel in your admiration but respectfully disagree with your trailing assertions.
Sean, saw this today in the Los Angeles Times and thought of you and our discussion. I felt you might enjoy it as I also found it quite interesting. Seems to support some of your assertions. http://www.latimes.com/business/la-fi-hiltzik28-2009may28,0,1859108.column
Thanks Sean for your varied interest posts. I'm off to the Humane Society to adopt a local cat and seek guidance.
Comment #9 Posted by: Brian | May 28, 2009 10:45 AM
Brian, the column you mention is by Michael Hiltzik, LAT Business columnist. I wonder if you read the column you linked. Hiltzik blames the citizens of CA for overspending. Hmmm.
Hiltzik's argument states as a primary underpinning that CA population has increased 30% in 10 years. 1999 pop. was 33.4 million, today about 38 million. 38/33.4 = 1.14, or a 14% increase in population. Hey, math is hard.:-) This alone shoots down the premise.
Next, halfway through the article Hiltzik admits he did not include Bond spending. In what world does Bond spending not count as spending? This is $85 billion worth of expenditure. This alone also makes his argument invalid.
Then, Hiltzik admits he doesn't use the CPI for inflation (about 30% for the 10 years in question) but instead uses a 50% number from another calculation. Any of the above problems with his column invalidate his premise.
Lastly, Hiltzik was suspended from the LAT without pay for violating journalist codes and being deceptive; you can read all about it here. http://opinion.latimes.com/opinionla/2006/04/hiltzik_suspend.html
SPK, see this is how it is done. I answered the charges. Then, I discredited the source of the argument. You have yet to answer the charges, and have not discredited the source of this analysis of CA State spending. http://reason.org/files/a2ec7caccc5d660e870c4a21526ef5f8.pdf
The undeniable fact is that in FY 1990-91 the state spent $1,350 per capita. Today, the government spends $2,644 per person.
Comment #10 Posted by: Johnny Chingas | May 29, 2009 09:40 AM
> The undeniable fact is that in FY 1990-91 the state spent $1,350 per capita. Today, the government spends $2,644 per person.
I guess one reasons is that a lot more of the "persons" are in prison, due to the mandatory sentencing rules.
Want to increase revenue? Step up collection efforts on rich tax evaders (those who pay less than 9% of their net income in state taxes, but make over $100,000 a year).
Comment #11 Posted by: DaddyPro | May 30, 2009 10:06 PM
if you live here, or anywhere in coastal california for that matter, $100K is certainly not "rich." it's considered "moderate" at best.
Comment #12 Posted by: rich? | May 31, 2009 08:34 AM
Why is it that Democrats continue to blame the Republicans for thier failure to cut spending. Anyone who looks at the details of our state budget can see that there are so many pet projects, on both sides, that were originally intended to be a one-time expenditure. But these programs continue to be funded year after year, and often serve only a small group of people.
We need to think of everyone in our state and we can not continue to spend like we have been. I've tightened my belt, now it is time for the legislators to do the same.
You can't expect a Republican to abandone their principles any more than you would abandon your own.
Comment #13 Posted by: James | August 16, 2009 11:41 AM