California Government and Direct Democracy What is difference in state and municipal jurisdiction? How does CA government break from the tradition of a republic? Who’s interests are served by the use of initiatives, referendums, and recalls?
May 19, 2015
California Government and Direct Democracy
California Government and Direct Democracy
What is difference in state and municipal jurisdiction?How does CA government break from the tradition of
a republic?Who’s interests are served by the use of initiatives,
referendums, and recalls?
FederalismFederalism
History States existed before the nation was created. Constitution designed to maximized state sovereign.
Created a national government with powers to unify the states, but not to replace state governments
Jurisdiction Federal government has enumerated power States and municipal govts have reserved power Federal, state, and municipal governments also share
concurrent powers
FederalismFederalism
Federal
StateMunicipalities
Concurrent Powers
Enumerated Powers
Reserved PowersReserved
Powers
State GovernmentsState Governments
Importance Meet the population’s general needs and deliver
services Education Welfare Transportation Administration of justice Housing Public health Environment
Only ¼ of the states revenues come from the federal aid
Most revenues must be meet by a variety of taxes
Federal and California Constitutions
Federal and California Constitutions
States Constitution Excessively long and detailed
California Constitution is 110 pages
California has amended 425 times Weak executive
California Executive BranchCalifornia Executive Branch
Plural Executive Different than federal executive where
president appoints all of the executive positions
State executive positions are elected: Lieutenant governor, attorney general, secretary of
state, controller, treasurer, insurance commissioner, and superintendent of public instruction, board of equalization
California Legislative BranchCalifornia Legislative Branch
Structure: Bicameral:
Assembly:– 80 representatives– 2 year terms (max of 3 terms)
Senate– 40 senators– 4 year terms (max of 2 terms)
Duties: Make state laws, but laws can be made through
initiatives Draw state and federal legislative districts
Stupid State LawsStupid State Laws
CA-Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship
Al-It is illegal for a driver to be blindfolded while operating a vehicle
S.Dak-If there are more than 5 Native Americans on your property you may shoot them.
LO- Biting someone with your natural teeth is "simple assault," while biting someone with your false teeth is "aggravated assault."
California Judicial BranchCalifornia Judicial Branch
3 level structure Trial Courts (Superior Courts)
All civil and criminal cases Misdemeanors and felonies
Appellate Courts Organized in 6 districts Review contested lower court rulings
Supreme Courts 7 Justices which are appointed by the governor and
confirmed by the commission on judicial appointments Interprets state constitution
CA CountiesCA Counties
County GovernmentsCounty Governments
County Government Governing Body: Los Angeles County Board of
Supervisors “five little kings” District 1: Gloria Molina District 2: Yvonne Burke District 3: Zev Yaroslavsky District 4: Don Knabe District 5: Michael D. Antonovich (currently Mayor of the
County of Los Angeles) The board decides which issues should be addressed
and in what manner The board also hires the executive body
(administrators in the county
LA City GovernmentsLA City Governments
Mayor-Council Plan Most widely used General Structure
Mayor is chief executive Council is legislature
Elections Both mayor and council are elected
Different forms of Mayor-Council Plan Strong mayor plan-mayor has more authority as an
administrators and with the budget, and less checks from council
Weak mayor plan- Mayor has to share power with the executive officers and the council
Unique to CaliforniaUnique to California
California and Oregon use the tools of initiatives, recalls and referendum more than any other state.
Origin of Initiatives, Referendums, and Recalls
Origin of Initiatives, Referendums, and Recalls
Due to the corruption that pervaded all levels of government at turn of the century and early 20th century, citizens sought clean up politics and government by gaining direct control over it.
On October 10, 1911, by way of a special election called by Governor Hiram Johnson, the initiative process was established in California (SCA) 22.
DefinitionsDefinitions
Initiatives: Under the direct initiative, a measure is put directly to
a vote after being submitted by a petition. “policy as is” means there are no debates, reviews,
compromises, and amendments to legislation Rationale:
People did not want an elite group (the state legislature) to make laws that would effect them without their direct input and consent.
Citizens wanted to make laws themselves and allow all the voters decide if it was valid.
DefinitionsDefinitions
Referendum: Referendum calls for voters to ratify or repeal
an existing act of the legislature. Bond measures and amendments to the
constitution are automatic referendum.
Rationale: Makes legislature more accountable. They cannot over spend public funds.
DefinitionsDefinitions
Recall petition and election: Allows voters to remove and replace a state or
municipal official. This must be an elected official. A recall requires a “notice of formal intent” to be filed Then a specified amount of time, a certain number of
valid voter signatures must be collected Voters then go to the polls and decide on two issues.
One, should the official be removed from office. If the recall passes, then who should take his/her place.
Rationale: Make official more accountable. Prevents corruption and other malfeasance.
Competing Argument 1Competing Argument 1
Initiatives, referendums, and recalls allow democracy to be at its purest form. Issues not being address by legislature can be met here. Citizens know what is best for themselves and their communities; therefore, they know which laws, policies, and leaders are beneficial.
Competing Argument 2Competing Argument 2
Initiatives, referendums, and recalls are tools of the elite. It creates the illusion that popular will is being addressed, when in fact, these are tools of wealth individuals and organizations.
Competing Argument 3Competing Argument 3
Average citizens are not well informed enough to make such complex decisions on policies and law. Moreover, people are emotive and passionate. They can only see the immediate rather than the long term ramifications.
Support for Argument 1Support for Argument 1
Legislature is constrained on certain issues Cannot be innovative Cannot appear soft on crime or drugs
Initiatives allow for progressive ideas Prop 215 (1996-medical marijuana) Prop 36 (2000- drug treatment for first or
second time convictions for possession)
Support for Argument 2Support for Argument 2
What is similar about these propositions? Prop 184 (1994- 3 strikes) Prop 187 (1994- withhold medical care and education
from undocumented) Prop 209 (1996- dismantled affirmative action) Prop 227 (1998- limited bilingual programs)
Support Those initiatives received more than $400,000 from
the Republican party
Support for Argument 2 : Gibbs and Bankhead Hypothesis
Support for Argument 2 : Gibbs and Bankhead Hypothesis
These propositions were orchestrated by the conservative movement, who were fearful of the non-white population.
These propositions were trying to protected the conservative way of life.
Support for Argument 2 : Tools of the Elite
Support for Argument 2 : Tools of the Elite
Propositions Proposition 38 (2000-school vouchers)
Silicon Valley venture capitalist, Tim Draper and his family, put in 25 million into the proposition
Proposition 82 (2006-universal preschool) Initiated by Rob Reiner, the producer and director
Recall Election Darrell Issa but $500,000 of his own money to
get the recall passed
Support for Argument 3: Weak Initiatives
Support for Argument 3: Weak Initiatives
Citizens are not versed in law Many laws created through the initiatives
process are thrown into the courts 94 laws and constitutional amendments
passed through the initiative process between 1986 to 2000. Of 40 laws passed through propositions, 26 were
challenged (65%). Of these challenges, 13 were invalidated in whole
or part (50%).
Support for Argument 3: Weak Initiatives
Support for Argument 3: Weak Initiatives
Passions interfere with law making Prop 184 (1994- 3 strikes)
Californians were angered by the kidnapping and murder of 12 yr old Polly Klass.
The highly publicized arrest of Richard Allen Davis revealed that he was a career criminal with prior violent crime convictions.
Media used phrases such as no compromise, no discretion, tough on crime, and zero tolerance rallied the public
QuizQuiz
After hearing all arguments, do you support the public use of initiatives, referendums, and recalls?