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?