Democracy: November 2009 Archives

As part of our on-going look at the reasons for California's dysfunctional government, we have asked a number of current and former legislators for their views on just what is causing the problem.
 
Long-time SOCa supporter and State Senator, Loni Hancock has written recently about her take on what are the structural problems in our system of governance and what reforms we need to undertake to return our system to its former visionary glory.
 
She has submitted the following observations based upon her service on the newly created Joint Select Committee on Improving State Government which was formed by the legislature to consider how to reform and fix this terribly and unquestionably broken system. -- HBJ
 
Here are her latest thoughts:
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From the desk of Senator Loni Hancock:

The cry for reform of California's governance system continues to grow. As of November 5, there were no less than twenty-two initiatives either already in circulation or awaiting a title and summary from the Attorney General that deal solely with California's governance process. 

The proposals range from lowering the vote threshold to pass the state budget to the establishment of a constitutional convention to changing the way local government is funded to a part-time legislature.  The ideas are from all across the political spectrum - conservative to liberal. 

One thing is clear, Californians want reform. The challenge will be finding consensus on which reforms should be advanced.

Two weeks ago, the Legislature began its own effort to look at reforms.  The Joint Select Committee on Improving State Government held its first of five scheduled hearings.  The witnesses ranged from Bill Hauck, the former Chairman of the California Constitutional Revision Commission to former Republican Assembly Leader Robert Naylor to the current Democratic State Treasurer Bill Lockyer.  Surprisingly, there was agreement in all the testimony - the deterioration of professionalism in the state legislature has had a dramatic impact on its ability to solve California's problems. 

According to research provided to my committee earlier this year, the Senate Elections, Reapportionment and Constitutional Amendments Committee, the National Conference on State Legislatures concluded that California is one of three states with the nation's strictest term-limits law - limiting Senators to two four-year terms (up to a total of 8 years) and Assemblymembers to three two-year terms (up to a total of 6 years).  Since California's term-limits remain relatively popular with voters, completely eliminating term-limits is not politically feasible.  However, amending the law to allow legislators to serve all their time in one house would allow them to develop policy expertise without eroding the intent of the law.

Last year's effort to amend the law to allow legislators to serve a total of 12 years in either house, Proposition 93, did just that.  However, it included a provision that would have allowed sitting legislators to remain in office. This provision sank the initiative; the public voted it down 53.5% to 46.5%. 

After listening to the testimony at the Senate Committee hearing, I am convinced more than ever that we must make another attempt at "softening" the term limits law.  To that end, I have authored SCA 24, which would, like Proposition 93, change the total number of years an individual can serve in the Legislature from 14 years to 12 years.  The measure will allow an individual first elected to office in November 2010 to serve three four-year terms in the Senate or six two-year terms in the Assembly or a combination of the two. 

However, unlike Proposition 93, individuals who have served or are currently serving in either house will not be able to extend their terms - they will be bound by the existing law.
SCA 24 will allow Legislators to develop policy expertise, reduce the number of legislators looking for "the next office to run for" and reinstill confidence in the legislative process.  I believe that this change to term-limits can find consensus and is an important piece in our effort to reforming California.


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Act Like Democrats

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There are a few lessons to take away from last night's elections. The main one is that Democrats should act like Democrats if they want Democrats to show up and vote. Low-turnout elections are base elections: you have to turn out your base or you will lose.

Virginia: The Democrat didn't act like a Democrat and Democrats didn't show up and vote. Deeds told people he was against having a public option in the health care reform bill! He went so far as to say that he would take Virginia out of the public option! So why would any Democrats want to show up and vote for that? Meanwhile the Republican comes out of the Pat Robertson religious-right machine, and they did show up and vote.

New York: Democrats won a seat that has been Republican for over 100 years. The far-right takeover of the Republicans is an opportunity. Democrats should be working in every single district in the country because no "solid" Republican seat is safe anymore.

New Jersey: Independents voted Republican and Dems didn't turn out. I have no idea yet why this happened and need to see the exit polling. The Democrat previously had been Chairman of Goldman Sachs, and that may well have been a significant factor.

Maine: This was a terrible disappointment. The national Democratic Party didn't help. The OFA organization didn't help and even asked their members in Maine to come to New Jersey. Democrats had best not expect any fundraising success from LGBT after this.


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This post originally appeared at Campaign for America's Future (CAF) at their Blog for OurFuture. I am also a Fellow with CAF.

The Supreme Court may decide as soon as today on the Citizens United v. Federal Election Commission case involving a corporate-funded anti-Hillary smear ad. It is likely the conservative-dominated activist court will overturn precedent and rule in favor of removing restrictions on corporate spending in elections, with terrible consequences. The 5-4 ruling will say that large companies injecting vast sums to sway election results is "free speech." Imagine, vocal cords on a Cayman Islands post office box!

Common Cause has a report out, titled, Corporate Democracy: Potential fallout from a Supreme Court decision on Citizens United. "Lifting the ban on corporate political spending could unleash a flood of money into the political system and further diminish the public's voice," the report says.

Really, imagine regular people trying to run for office while competing with the massive aggregated financial power of the biggest corporations. And imagine what will happen to anyone who dares to try to go up against their interests when they are able to openly spend any amount needed to get their way. I have come up with some examples of what to expect:

- The cost of running for office - any office - will increase exponentially. Even local campaigns will cost millions of dollars, as big corporations install their chosen representatives. Even locally powerful businesses will join the game, with car dealers paying to get local ordinances passed prohibiting new competitors, etc.

- A member of Congress considers voting against a special tax break for a certain very large corporation - or a law outlawing their competitors - which would bring the company $30 billion. The company lets that representative know they are prepared to spend a measly $200 million on a challenger in the next election, or for them if they vote the right way. How do you think that representative will vote -- and if they do the right thing how long do you expenct them to keep their seat?

- A huge oil company will certainly spend a measly $100 million to install a hand-picked board of county supervisors that will let them put a refinery in the middle of an organic farming or sensitive environmental region.

- Why wouldn't agribusiness spend a mere $1 billion installing legislators who vote to rescind food labeling requirements and food safety regulations?

- How long will it take before laws against monopolies, polluting the environment, etc. are repealed? Each election cycle will see corporate-backed candidates further consolidating the power and financial resources of a very few largest companies.

- Health insurance companies will pay Congress to pass a law ordering everyone to buy their product. Oh wait ...

This is about the biggest corporations remaining dominant, using government power to channel tax dollars their way, while hampering competition -- especially from smaller, less powerful companies. The conservatives on the Court are there thanks to decades of spending by the biggest corporations that swayed public opinion in favor of big-corporation-supporting policies and politicians. We are seeing the results of these so-called "conservative" policies all around us as we lose our houses, raises, jobs and pensions while a select few grow ever richer.

If the Supreme Court rules in favor of this tomorrow it will be the big payoff, forever consolidating big-corporate control of the country and economy and effectively ending what was left of American democracy.


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About this Archive

This page is an archive of entries in the Democracy category from November 2009.

Democracy: October 2009 is the previous archive.

Democracy: December 2009 is the next archive.

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