Saturday, April 4, 2009

On the State Budget

I’m not an anti-government dogmatist, but I can see that government is the problem in our state budget crisis. The budget impasse, which may or may not have been temporarily resolved, could be relieved quickly. Any combination of a few of the following matters might solve the problem.

1) Abolish the state senate. Our legislature is a relic left over from 18th century British Parliament. The British legislature, comprised by the House of Commons and House of Lords, was designed to give voice to the interests of "commoners", while still providing and preserving the prerogatives of aristocracy. The so-called “tyranny of the majority” was a pressing concern carried over from the British system among the (essentially American) aristocracy that drew up our government between 1787 and 1789 We might argue over the necessity of this duality in our national legislature, but I doubt you will find many to contend that it’s necessary in California government. While the makeup of the U.S. Senate (comprised of two senators per state) is different from that of the house (population based), there is no such distinction in the state legislature. Both houses are population-based. While they have different districts, both cover the entire population.

We have two separate houses, each with its own mini-fiefdoms, both trying to accomplish the same tasks, both covering the same population---both playing off each other---both “protecting” their own turf---both with their own sets of staff---both with their own bureaucracy---and neither performing diddly-squat! In case you haven’t noticed, the lion’s share of real law making in this state is thrown back to us through initiative and proposition. This is largely because the legislature shuns serious law-making, which is a potential threat to re-election. Re-election is their primary concern. The bi-cameral legislature significantly magnifies the gridlock and in the process costs billions to support its bloated bureaucracy.

I regret to say that Robbinsense staffers have been unable to untangle the mass of state budget and finance in order to report the cost of the legislature. Hours spent on the internet proved fruitless. I tried to contact the State Comptroller, but he failed to respond to my inquiry. We can be certain that the annual savings would be in the billions.

The major, and pressing, question about this measure is, “How do we do it?” We can’t expect the legislature to put themselves out of work, when their primary imperative is to keep themselves in place! It must be done through constitutional amendment. Co-incidentally, our governor in the last couple of months has been advocating just that!

With nearly 500 amendments, our constitution is the 2nd largest in the nation. (The US Constitution has only 27 amendments.) Our first constitutional convention occurred in 1849. Forty-eight delegates hammered out a sensible document in six weeks. The second convened in 1878. This convention planted the seed of our problems by disempowering the legislature. This vastly increased the size of the constitution while presenting the legislature with excuses for not doing their job. In 1911, the mischief which began forty years earlier was codified by inaugurating the initiative, recall and referendum.

After 100 years, it’s time to get serious. The Gubernator’s agenda is notably light-weight, comprised of small measures like tying the Lieutenant Governor to the governor (rather than having a separate election). But anything that will get the show moving will be worthwhile. Now, we need a movement and a deep-pocketed angel. Anyone?

2) Legalize drugs, including marijuana, opiates, cocaine (but not methamphetamines, please.) This would save the state billions in law enforcement, empty out prisons, bring in billions in tax revenue, lower the cost of drugs, put an end to the drug wars raging in Mexico and end the reign of terror that we impose on countries all over the world by hypocritically demanding drugs on one hand, while pressuring them to stop supplying our demand on the other. If the U. S. Government doesn’t like this move, let them enforce their laws through the FBI and Federal court system. The amount of money saved by this measure is vast, and could easily solve the budget problem alone; but there are large political interests in preserving the status quo. We have an enormous law enforcement industry, for example, which is largely dependent upon existing drug laws.


3) Repeal the politically motivated “3 strikes” law ending the senseless, judicial and correctional burdens that it places upon our criminal justice system.


4) Scuttle Term Limits. This is bad legislation to begin with, as it places greater restrictions on our ability to govern ourselves than it imposes upon the legislators. It keeps the legislature occupied by inexperienced representatives.


5) Return approval of state budget to a simple majority. This prevents a small group from being able to stymie sensible budget measures and reforms.

Politics is the one significant issue that stands between a balanced budget and our current mess. We tolerate this mess; and with our system of government, we deserve it. Engage!

Note: We asked Jackson Dave to weigh in on this issue, and his piece will appear next month. Jack sees this issue through a simpler lens.

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