California The Ungovernable State

onthebottom

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With referendums today in the land of fruit and nuts I thought this was timely.... let's remember that this is a G8 economy that ranks 50th in education and bond ratings....

OTB

California The ungovernable state

May 14th 2009 | LOS ANGELES, SACRAMENTO AND SAN FRANCISCO
From The Economist print edition

As California ceases to function like a sensible state, a new constitution looks both necessary and likely


ON MAY 19th Californians will go to the polls to vote on six ballot measures that are as important as they are confusing. If these measures fail, America’s biggest state will enter a full-blown financial crisis that will require excruciating cuts in public services. If the measures succeed, the crisis will be only a little less acute. Recent polls suggest that voters are planning to vote most of them down.

The occasion has thus become an ugly summary of all that is wrong with California’s governance, and that list is long. This special election, the sixth in 36 years, came about because the state’s elected politicians once again—for the system virtually assures as much—could not agree on a budget in time and had to cobble together a compromise in February to fill a $42 billion gap between revenue and spending. But that compromise required extending some temporary taxes, shifting spending around and borrowing against future lottery profits. These are among the steps that voters must now approve, thanks to California’s brand of direct democracy, which is unique in extent, complexity and misuse.


A good outcome is no longer possible. California now has the worst bond rating among the 50 states. Income-tax receipts are coming in far below expectations. On May 11th Arnold Schwarzenegger, the governor, sent a letter to the legislature warning it that, by his latest estimates, the state will face a budget gap of $15.4 billion if the ballot measures pass, $21.3 billion if they fail. Prisoners will have to be released, firefighters fired, and other services cut or eliminated. One way or the other, on May 20th Californians will have to begin discussing how to fix their broken state.

California has a unique combination of features which, individually, are shared by other states but collectively cause dysfunction. These begin with the requirement that any budget pass both houses of the legislature with a two-thirds majority. Two other states, Rhode Island and Arkansas, have such a law. But California, where taxation and budgets are determined separately, also requires two-thirds majorities for any tax increase. Twelve other states demand this. Only California, however, has both requirements.

If its representative democracy functioned well, that might not be so debilitating. But it does not. Only a minority of Californians bother to vote, and those voters tend to be older, whiter and richer than the state’s younger, browner and poorer population, says Steven Hill at the New America Foundation, a think-tank that is analysing the options for reform.

Those voters, moreover, have over time “self-sorted” themselves into highly partisan districts: loony left in Berkeley or Santa Monica, for instance; rabid right in Orange County or parts of the Central Valley. Politicians have done the rest by gerrymandering bizarre boundaries around their supporters. The result is that elections are won during the Republican or Democratic primaries, rather than in run-offs between the two parties. This makes for a state legislature full of mad-eyed extremists in a state that otherwise has surprising numbers of reasonable citizens.

And that is why sensible and timely budgets have become almost impossible, says Jim Wunderman, president of the Bay Area Council, an association of corporate bosses. Because the Republicans are in a minority in the legislature, they have no sway until budget time, when they suddenly hold veto power thanks to the two-thirds requirement. Because in the primaries they have run on extremist platforms against other Republicans, they have no incentive to be pragmatic or moderate, and tend simply to balk.

What was unusual about this year’s deadlock was only its “record lateness”, says Mr Wunderman, which amounted to an “anti-stimulus” that negated much of the economic-recovery plan coming from Washington, DC. “No real conversation is possible on anything that matters,” he says, whether it be California’s fraught water supply, its barbaric prison conditions or its teetering public education.

Representative democracy is only one half of California’s peculiar governance system. The other half, direct democracy, fails just as badly. California is one of 24 states that allow referendums, recalls and voter initiatives. But it is the only state that does not allow its legislature to override successful initiatives (called “propositions”) and has no sunset clauses that let them expire. It also uses initiatives far more, and more irresponsibly, than any other state.

Direct democracy in America originated, largely in the Western states, during the Populist and then Progressive eras of the late 19th and early 20th century. It came to California in 1911, when Governor Hiram Johnson introduced it. At first, it made sense. The Southern Pacific Railroad dominated politics, society and the courts in the young frontier state, and direct democracy would be a welcome check and balance. The state in 1910 had only 2.4m residents, and 95% of them were white. (Today it has about 37m residents, and less than half are white.) A small, homogenous and informed electorate was to make sparing and disciplined use of the ballot to keep the legislature honest, rather as in Switzerland.

Citizen-power gone mad

Sparing and disciplined it stayed until the 1970s. But then came a decade of polarisation and voter mistrust. In 1978 Californians sparked a nationwide “tax revolt” by passing Proposition 13, which drastically limited property taxes and placed a permanent straitjacket on state revenues. That launched an entire industry of signature-gatherers and marketing strategists that now puts an average of ten initiatives a year on the ballot, as Mark Baldassare, the boss of the non-partisan Public Policy Institute of California, has calculated. In 2003 direct democracy reached a new zenith—or nadir, some might say—when Californians “recalled” their elected and sitting governor, Gray Davis, and replaced him with Mr Schwarzenegger.

The minority of eligible Californians who vote not only send extremists to Sacramento, but also circumscribe what those representatives can do by deciding many policies directly. It is the voters who decide, for instance, to limit legislators’ terms in office, to mandate prison terms for criminals, to withdraw benefits from undocumented immigrants, to spend money on trains or sewers, or to let Indian tribes run casinos.

Through such “ballot-box budgeting”, a large share of the state’s revenues is spoken for before budget negotiations even begin. “The voters get mad when they vote to spend a ton of money and the legislature can’t then find the money,” says Jean Ross of the California Budget Project, a research outfit in Sacramento. Indeed, voters being mad is the one constant; the only proposition that appears certain to pass on May 19th would punish legislators with pay freezes in budget-deficit years.

More than half of the initiatives don’t pass, and some that do are sensible. But much of the system has been perverted into the opposite of what Hiram Johnson intended. It is not ordinary citizens but rich tycoons from Hollywood or Silicon Valley, or special interests such as unions for prison guards, teachers or nurses, that bankroll most initiatives onto the ballots.

Then comes a barrage of television commercials, junk mail and robo-calls that leave no Californian home unmolested and the great majority confused. Propositions tend to be badly worded, with double negatives that leave some voters thinking they voted for something when they really voted against. One eloquent English teacher in Los Angeles recently called a radio show complaining that, after extensive study, she could not understand the ballot measures on grounds of syntax.



cont...
 

onthebottom

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Cont....


The broken budget mechanism and the twin failures in California’s representative and direct democracy are enough to guarantee dysfunction. The sheer complexity of the state exacerbates it. Peter Schrag, the author of “California: America’s High-Stakes Experiment”, has counted about 7,000 overlapping jurisdictions, from counties and cities to school and water districts, fire and park commissions, utility and mosquito-abatement boards, many with their own elected officials. The surprise is that anything works at all.

As a result, there is now a consensus among the political elite that California’s governance is “fundamentally broken” and that the state is “ungovernable, unless we make tough choices”, as Antonio Villaraigosa, the mayor of Los Angeles and a likely candidate for governor next year, puts it. What are those choices?

Incremental reform, says one set of analysts. Darrell Steinberg, a thoughtful Democrat who is the current leader of the state Senate, says that the dysfunction is often overstated, since the system was deliberately designed “to ensure that change occurs slowly”. He believes that several piecemeal reforms already slated will fix most of the problem.

So does California Forward, a bipartisan think-tank supported by several of the state’s éminences grises. A change to districting rules should end gerrymandering, starting next year. And there is talk of open primaries in which people vote irrespective of their party affiliation, and then elect a candidate in a run-off between the top two vote-getters, whether from the same party or not. Together, these two steps would make the state’s representative politics more moderate, says James Mayer, California Forward’s director. Representatives should also have longer terms in office, he thinks, to reduce the permanent turnover that pits greenhorn legislators against savvy and entrenched lobbyists.

Founding fathers wanted

Many others, however, now believe that California needs to start from scratch, with a fully-fledged constitutional convention. California’s current constitution rivals India’s and Alabama’s for being the longest and most convoluted in the world, and is several times longer than America’s. It has been amended or revised more than 500 times and now, with the cumulative dross of past voter initiatives incorporated, is a document that assures chaos.

Calls for a new constitution have resurfaced throughout the past century, but never went far. That changed last August, as the budget negotiations were once again going off the rails, when Mr Wunderman of the Bay Area Council renewed the call for a convention and received an astonishing outpouring of support. Mr Schwarzenegger has called a constitutional convention “a brilliant idea” and thinks it is “the right way to go”. (The new constitution would take effect well after he leaves office.) Most encouragingly, says Mr Wunderman, nobody, not even the so-called special interests, has yet come out against a convention.

To the extent that there is scepticism at all, it is not about the idea of a new and cleaner constitution but about the process that might lead to it. If a convention set out to rewrite the entire constitution, it would end in the usual war over hot-button social issues such as gay marriage or the perennial Californian fight over water. And there is concern that “the nutwings are the ones who will show up, not the soccer moms,” as Ms Ross of the California Budget Project puts it. The same partisan extremists bickering about the same controversies would lead nowhere.

To address these concerns, the Bay Area Council, which has become the driving force behind the scheme, has put forth two ideas. First, delegates to the convention should be chosen through the general jury pool to ensure that the whole population, as opposed to partisans or voters, is represented. Second, the scope of the constitutional convention would be explicitly limited to governance issues and the budget mechanism and would exclude all others.

This should enable reform in the most vital and interconnected areas. These are: reducing the two-thirds requirement for budgets and taxes; mandating two-year as opposed to annual budgets; giving local governments more access to local revenues; creating less partisan districts and primary elections; disciplining the process of direct democracy with new rules about signature collection; and introducing a “sunset” commission, as Texas has, that would gradually retire overlapping jurisdictions and offices to achieve something more manageable.

The plan is to introduce voter initiatives in next year’s ballot calling for a constitutional convention, to have the convention the following year, and to put the new constitution on a ballot in 2012, when it would take effect. In the meantime both the incrementalists, such as California Forward, and the wholesale reformers, such as the Bay Area Council, are backing the propositions on next week’s ballot. Even if they succeed, this would only temporarily reduce the urgency for radical reform; failure would cause intolerable pain.
 

WoodPeckr

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That's what happens when the folks of Kalifornia elect a Hollywood actor as Gov.
You think they should have learned from the first time they made that mistake with brainless Ronnie!...:D
 

FOOTSNIFFER

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WoodPeckr said:
That's what happens when the folks of Kalifornia elect a Hollywood actor as Gov.
You think they should have learned from the first time they made that mistake with brainless Ronnie!...:D
Did you even read the article man?

How could you ever get anything done with the requirement of a 2/3 majority for raising taxes and passing of the budget...no wonder they're screwed up. I think I read in the economist once that state tax burden in Cal. falls inordinately on capital gains taxes of the top earners in the state, some crazy percentage like more than half the state budget. I believe that's also true at the federal level. It just seems to me that the median income american doesn't really have such an onerous tax obligation, especially compared to us in Canada. Obama's deficits are probably going to put a stop to that.
 

onthebottom

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binderman said:
http://www.newmexiconuts.net/catalog/tumbleweed.jpg


It's easy to aggrandize and anoint oneself in the short term with all the lofty ideals and rhetoric, but silent when it comes to the inevitable long term consequences of liberal ideologies, like this one.

The article was an excellent read
And California has some of the highest paid people and industries on the planet and yet it's a basket case.... I doubt the 6M illegals in the state are not helping much.

OTB
 

wet_suit_one

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Did anyone else note how much of the problem in California is generated by partisans? Anyone happen to see the link between partisanship and bad , unworkable government?

I fucking hate partisanship. All is does is breed ignorant, wilful, stubborn stupidity. Clearly, where it's allowed to run rampant (as it apparently has in California), it results in a steaming pile of democratic shit.

Fuck partisans.

Now that I've made my position clear, anyone else got anything intelligent to say?

California sounds like a class-A democratic basketcase. Let prisoners out of jail because they can't afford to keep them held? That's pretty damned funny. I wonder how the populace would react to that. Letting death row inmates out (murderers, rapists, child molester and white collar criminals etc.) just because the collective of Cali. couldn't decide to pay enough taxes to do the necessary things for a functioning society.

It's kinda funny really... Ah well. Glad I don't have to live with that kind of idiocy. It would get my goat something fierce. I suppose for the ignorant majority (who let things slide into this morass of idiocy), it doesn't matter because they have no clue and can't give a fuck, but they will start to wonder when an army of criminals are released from jail. Then again, maybe I'm being overly optimistic...
 

oldjones

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FOOTSNIFFER said:
Did you even read the article man?

How could you ever get anything done with the requirement of a 2/3 majority for raising taxes and passing of the budget...no wonder they're screwed up. I think I read in the economist once that state tax burden in Cal. falls inordinately on capital gains taxes of the top earners in the state, some crazy percentage like more than half the state budget. I believe that's also true at the federal level. It just seems to me that the median income american doesn't really have such an onerous tax obligation, especially compared to us in Canada. Obama's deficits are probably going to put a stop to that.
Hey, Mike Harris left us a law that required a referendum to raise taxes. He was our first bitterly partisan premier. Now we have his 'veterans' in Ottawa, and just look at the mess. Only a global recession saved them from having to admit they'd cut taxes past the point where they could pay their bills. And they still haven't actually accomplished anything. At least they haven't actually wrecked stuff like the Bomber.

But they are good at the ad hominem stuff. And that seems to be what their supporters like. Hasn't built their popular vote at all though.

Partisanship is the entrepreneurial version of politics. It isn't about making a living, it's about making a killing.
 

jwmorrice

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In the laboratory.
May 20, 2009
Calif. Voters Reject Measures to Keep State Solvent
By JENNIFER STEINHAUER

LOS ANGELES —
A smattering of California voters on Tuesday soundly rejected five ballot measures designed to keep the state solvent through the rest of the year.

The results dealt a severe setback to the state’s fragile fiscal structure and to Gov. Arnold Schwarzenegger and the state legislators who cobbled together the measures as part of a last-minute budget deal passed in February.

The measures, which would have prolonged tax increases, capped state spending, earmarked money for education and involved the state in a complex borrowing scheme against its lottery, were rejected by roughly 60 percent of those who voted. The failure of the measures, combined with falling revenues since the state passed its budget, leaves California with a $21 billion new hole to fill, while foreclosure rates and unemployment remain vexing problems here.

“Tonight we have heard from the voters, and I respect the will of the people who are frustrated with the dysfunction in our budget system,” Governor. Schwarzenegger said in a prepared statement. “Now we must move forward from this point to begin to address our fiscal crisis with constructive solutions,” Mr. Schwarzenegger said.

While the governor was a strong supporter of all the measures, he was not the public face of the effort, as he was in 2005 when he took on the budget issues, and well as the state’s unions, in another failed effort at the ballot box. This time the Republican governor let teachers and firefighters do his talking for him in advertisements, and indeed was not even in the state the day of the vote.

Instead, he was a guest of President Barack Obama at the White House, where the president was announcing tough new federal standards on automobile emissions that emulate California’s environmental standards. He updated his Twitter account through out the day ("Just landed in DC. Look forward to updating you tomorrow, hopefully with pictures or video") but made nary a mention of the propositions there.

The one measure to pass, which would prevent legislators and statewide constitutional officers, including the governor, from receiving pay rises in years when the state is running a deficit, was approved by more than 75 percent of those who cast ballots, demonstrating the overwhelming disgust many Californians say in polls that they feel toward elected officials in a time of deep budget paralysis.

The central measure, Proposition 1A, would have increased the state’s rainy-day fund but also restrict spending in future years, and extend several temporary taxes. Proposition 1B, which was connected to 1A, would have required $9.3 billion to be paid to education to make up for shortfalls in spending levels set by a voter-approved proposition in 1988. Voters indicated in polls earlier this month that they had a distaste for protracted taxes, caps on spending during inflation periods and general legislative and gubernatorial will.

The other failing propositions were 1E, which would have redirected money guaranteed for mental health services to the state’s general fund; 1D, a similar measure using money earmarked for early childhood programs; and 1C, which would have modernized the state lottery and permitted the state to borrow from future profits.

But voters — roughly 10 percent of those registered, according to midday figures — seemed to have lost patience with ideas cooked up by legislators to fix the state’s perpetual budget imbalances. The governor and lawmakers will now be forced to debate yet again what methods will be used to set the balance sheet right and vote on new measures to cut spending. Those proposed measures will be draconian and politically difficult, including large education cuts and reductions in prison sentences.

“We face a staggering $21.3 billion deficit and in order to prevent a fiscal disaster, Democrats and Republicans must collaborate and work together to address this shortfall,” said Governor Schwarzenegger. “The longer we wait the worse the problem becomes and the more limited our choices will be.”

Lawmakers will regroup in Sacramento on Wednesday.

Bill Watkins, an economist with University of California in Santa Barbara, said legislators “have some interesting decisions to make now,” adding: “Education is definitely going to take a hit. The way we finance local governments is a travesty and funds will be taken away this time.”
 

onthebottom

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There isn't much sense in the amount of spending that's dictated by popular referendum.....

If the weather wasn't so good people would be leaving CA in droves, instead they pay a MASSIVE premium to live there.

OTB
 

friendz4evr

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Californians have voted for so many initiatives compelling the government to fund them, but do not want to be taxed to pay for them. They really live in La La Land.
 

chiller_boy

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FOOTSNIFFER said:
Did you even read the article man?

How could you ever get anything done with the requirement of a 2/3 majority for raising taxes and passing of the budget...no wonder they're screwed up. I think I read in the economist once that state tax burden in Cal. falls inordinately on capital gains taxes of the top earners in the state, some crazy percentage like more than half the state budget. I believe that's also true at the federal level. It just seems to me that the median income american doesn't really have such an onerous tax obligation, especially compared to us in Canada. Obama's deficits are probably going to put a stop to that.
Well, if they are counting on capital gains for 2/3 of their tax burden, they are in a world of trouble for this year. Although with the low federal rates on cap gains it is hard to believe the 2/3 number foir the feds, at least.
 

onthebottom

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chiller_boy said:
Well, if they are counting on capital gains for 2/3 of their tax burden, they are in a world of trouble for this year. Although with the low federal rates on cap gains it is hard to believe the 2/3 number foir the feds, at least.
Did I miss where it said that 2/3 of the tax receipts in CA where capital gains....

I find that hard to believe with a 9% sales tax and 13% income tax....

The low tax space is property taxes.... thank Prop 13 for that.

Perhaps if Propositions had to be revenue neutral (if you spend money you have to add to taxes, if you lower taxes you have to give up spending) it would be a better managed state.

OTB
 

antaeus

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it is interesting the diverse forms democracy can take. It's hard to make informed comments on California as their case seems so complicated.

Democracies everywhere seem to clamor for more populace direct input similar to California's model: direct taxation, direct funding, taxation linked to direct inputs, politician's direct personal liability, etc.

I remember reading article disecting Enron. Apparantly California's proposition system voted to ban new energy production within the state. California looking to buy external power fell under the Enron's power; result were the months of brown-outs as Enron proved unable to deliver as they were just kiting.

Regarding their new constitution; was not American declaration of Independance written by John Adams, the Constitution written by Thomas Jefferson, or vice versa. One man each. Those documents have stood the test of time.

It does seem California is fucked. I agree with bottom, if not for weather and probably a je ne s'ais qua, people would be leaving in droves, like Canadian economic migration between east-west-east.

I also agree with wet_suit_one on the evils of the politics of partisanship, of which we also are currently embroiled. Our Liberals have grand ideals and do nothing about them; our Conservatives have histrionic reactionary mean spirited ideals with no understanding about the real causes of implementation.
 

chiller_boy

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onthebottom said:
Did I miss where it said that 2/3 of the tax receipts in CA where capital gains....

I find that hard to believe with a 9% sales tax and 13% income tax....

The low tax space is property taxes.... thank Prop 13 for that.

Perhaps if Propositions had to be revenue neutral (if you spend money you have to add to taxes, if you lower taxes you have to give up spending) it would be a better managed state.

OTB
You are right, I misread the post. It says that more than half of the funding for the state budget comes from Cap gains of the wealthy and quotes the Economist. I believe my same point applies, just to a lower number.
 

onthebottom

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chiller_boy said:
You are right, I misread the post. It says that more than half of the funding for the state budget comes from Cap gains of the wealthy and quotes the Economist. I believe my same point applies, just to a lower number.
Sounds like they need to broaden the tax base....

OTB
 

WoodPeckr

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onthebottom said:
Sounds like they need to broaden the tax base....

OTB
You of all people, are calling for a tax increase?!?!?!?......:eek:
 

gramage

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Seems like Bill isn't impressed with Cali either.
http://www.youtube.com/watch?v=W5YPM5rvWIQ&feature=channel

And broaden the tax base could also mean figure out how to get all the people moving to Nevada over the last few years to stay. about two years ago there was an article in the globe about California that spoke to two economists who had written a book looking at how tax policy differences between Cali and Nevada were resulting in negative population growth and declining average incomes in Cal. and such rapid growth in Nevada it was difficult to grow the infrastucture to keep up.
 

kkelso

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onthebottom said:
Sounds like they need to broaden the tax base....

OTB

Could not agree more.

I used to do quite a bit of business in Cali, but most of those businesses have either folded or moved out. The two reasons I hear from most business owners:

1 - The state itself makes it very difficult from a tax and regulatory standpoint to run a small or mid-size business. Some of the regulations are beyond belief.

2 - All public systems (transportation, health care, education, etc.) are failing under the staggering weight of illegal immigrants.


Just went out to see a supplier who spent a little over $10M to move his whole operation to Tennessee. Says he can't believe he didn't do it sooner, "the state actually wants me to make money!"
 
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