California Is A Failed State, Too

by: Paul Rosenberg

Sat Dec 13, 2008 at 11:33


California is not just the largest state in the nation, it's generally seen as a social, cultural and political leader.  The first two are far more accurate than the latter, thanks in part to our antiquated constitutional system that requires a 2/3rds super-majority to pass a budget or raise taxes. Not to mention our initiative system, which, contrary to common lore, was not a wonderful thing once upon a time, but rather was such a horror show that people turned away from it in disgust for the better part of half a century.  So it's hardly a surprise that when America is a failed state, so, too, is California.
Paul Rosenberg :: California Is A Failed State, Too
To see how bad it's gotten, all one has to do is read the front page at Calitics this past week.

On Tuesday, Robert in Monterey hit most of the scene-setting notes when he wrote:

Substantially Worse
by: Robert in Monterey
Tue Dec 09, 2008 at 10:18:46 AM PST

Dan Walters caught one of the more important pieces of information that was revealed at yesterday's budget convention:

    Thousands of words were spoken Monday during an unusual joint session of the Legislature on the state's budget crisis, but the two most important were uttered by the state budget director, Mike Genest, when he quietly told lawmakers that the deficit will be "substantially worse" than the current figure, as staggering as it may be.

    The current estimate is that the 2008-09 budget is $11.2 billion out of whack and the 2009-10 income-outgo gap is another $17 billion, but with new forecasts of a declining economy and up-to-date revenue numbers, state officials believe that both numbers could be as much as 50 percent higher, around $40 billion.

    Gov. Arnold Schwarzenegger will reveal the higher deficit figures a month from now when he unveils a proposed 2009-10 budget.

These numbers are staggering, but within the realm of possibility - the economy is in free fall right now, and with hardly any safety net in place it makes sense that consumers are going to stop spending, employers will lay off workers, all of which reinforces the cycle. Things seem to be snowballing.

Obviously a deficit anywhere near $40 billion would be catastrophic. It would be a perfect moment to shock doctrine California - massive destruction of public services, many of which will wind up privatized; a state thrown into depression when government employment - which ought to increase in a recession - is contracted.

It will also be an opportunity to finally "blow up the boxes" as Arnold once promised - a deficit of that size ought to give progressives an opening to advocate for a modernized, fair, and realistic tax structure. Wealth taxes must be at the core, just as they were for FDR during the Depression - that's money we can easily get and that won't worsen the economic crisis.

It could go either way.  But for the last five years it's only gone in a progressive direction once--when the California Nurses Association stood up to the Gropenator's bullying and initiated a grassroots, union-fuelded upwelling of opposition that humiliated him at the polls in the November 2005 Special Election.

Among the measures on the ballot were:

Proposition 73: Parental Notification

Defeated: 47.4% Yes, 52.6% No.

Proposition 74: Public School Teachers Tenure

(Would have Increases length of time before a teacher could become a permanent employee from two to five years--AND allowed permanant employees to be fired, ie, not actually permanent.)

Defeated: 44.9% Yes, 55.1 No.

Proposition 75: Union Dues - Political Contributions

Union members can already opt out of having their dues pay for political actions.  This would have made it much harder for public employee unions (but not industry trade groups, or any other special interest) to keep collecting political funds.

Degeated: 46.5% Yes, 53.5% No.

Proposition 76: State Spending Limits

Would have forced state spending downward over time, focus first on starving education.

Defeated: 37.9% Yes, 62.1% No.

Proposition 77: Redistricting

First attempt to give GOP a better shot at further mucking up the state government.

Defeated: 40.5% Yes, 59.5% No.

In short, the CNA and its allied destroyed the Gropenator.

But, rather than finish off the job, California Democrats said, "Let's make up and play nice," and helped the Gropenator rebuild his image, so he cruised to re-election one year later with little more media scrutiny than he got the first time around.

The Gropenator is supposed to be a "moderate" Republican.  But two previous conservative Republicans who faced budget crises--including no less than Ronald Reagan--raised taxes as part of a balanced response that included tax increases on the wealthiest Californians as well as program cuts.

Heck, Pete Wilson even personally attaced a GOP lawmaker who was obstructing the deal when he was governor.  The Gropenator?  Total girly-man.  Nada.  Zip.

On Wednesday, D-Day wrote:

Villines: This is a stick-up
by: David Dayen
Wed Dec 10, 2008 at 07:59:37 AM PST

Yacht Party Assembly leader Mike Villines visited the Sacramento Bee editorial board yesterday, and like any good mob boss, he offered an ultimatum.

    Solving the budget stalemate is simple enough, Assembly Republican leader Mike Villines said in a visit to The Bee's Capitol Bureau Tuesday. Democrats have to capitulate to GOP demands for the 8-hour work day, meal breaks, looser environmental regulations, permanent budget cuts and a stiff spending cap, among other things.

    Then, and only then, will Republicans come to the table to discuss -- but not necessarily agree to -- new taxes.

    "We think you have to do these reforms first, cuts first and make sure that you're doing an economic package that puts people back to work," Villines said. "Then you have a discussion about revenue - and only then."

Many of these things, you'll notice, have nothing to do with the budget.  In fact, CapAlert published the ransom note that Villines brought with him, and while he puts his demands in somewhat vague terms (and the Bee should really spell it out if they want to inform the public), it's pretty clear what he and the GOP want.  They want to eliminate overtime regulations and meal breaks for state employees.  They want to re-legislate already-passed environmental regulations on retrofitting buildings, cutting greenhouse gas emissions and air quality standards.  And they want a bushel of tax cuts for businesses.  I'll put the ransom note on the flip.

Aside from being ridiculous, this is extremely close to being illegal.  Yes, illegal.  I know horse-trading is customary in politics, but it violates California law....

D-Day then goes on to cite Section 86 of the California Penal Code, just so you know he's not bullshitting.

Not only illegal, but, of course, classic Shock Doctrine as well.

Also on Wednesday, for a slight change of pace, Robert in Monterey took a doleful look at the dismal Democratic side of the aisle:

Don Perata Gives a $1.5 Million Middle Finger to California
by: Robert in Monterey
Wed Dec 10, 2008 at 18:14:47 PM PST

In a stunning but not too surprising revelation, Josh Richman of the Oakland Tribune is reporting that Don Perata transferred $1.5 million from his PAC to his legal defense fund - one day after the election. Instead of using that money to help defeat Prop 11, which narrowly won, or to help elect more Democrats to the state senate - such as Hannah-Beth Jackson, who lost by 1,200 votes - he took it for himself, leaving California Democrats and the state itself worse off.

    Contributors to Don Perata's political action committee this year might have thought their money would bankroll the attempted recall of state Sen. Jeff Denham or opposition to a legislative redistricting reform measure.

    But one day after Election Day and with only a few weeks left as state Senate President Pro Tem, the Oakland Democrat moved $1.5 million from Leadership California into his own legal defense fund, formed to counter a years-long FBI corruption probe.

    This sum dwarfs the California Democratic Party's $450,000 contribution to Perata's legal fund over the past year, which had caused an outcry from some party activists. It also dwarfs the $555,000 Perata had moved from his Taxpayers for Perata committee - ostensibly created for a 2010 Board of Equalization run - into his legal defense fund in several chunks since 2005.

    The transferred amount is more than the entire $1.4 million the committee had raised in this year's first nine months, and more than half of the $2.7 million it had on hand as of Sept. 30.

Jason Kinney, Perata's spokesman, is quoted as saying there was nothing illegal here. Even if that is true, it's beside the point - $1.5 million is a huge sum of money that should have been spent on winning the 2008 election, not pocketed by a termed-out legislator.

If there is any question in your minds about how the Gropenator and the neanderthal Republicans in the state legislature manage to get away with gleefully destroying the state, here, in a nutshell, is half your answer: a Democratic Party establishment bordering on the criminal. (Not saying which side of the border, mind you.)  The other half of your answer, is the media, of course.

And on Thursday, D-Day chimes in, raising another aspect of the Democrat's complicity in destroying our state:

CA-AG: Ted Lieu files for Attorney General
by: David Dayen
Thu Dec 11, 2008 at 14:09:56 PM PST

Friend of Calitics Ted Lieu has shown a lot of leadership during the housing crisis, attempting time and again to hold the mortgage brokers responsible and get sensible legislation passed that protects homeowners.  It's been his signature issue the past two years.  Now he's going to run for Attorney General.

    Democratic Assemblyman Ted Lieu, D-Torrance, filed paperwork this week to run for attorney general in 2010.

    Lieu is the third Democrat to make the move, following San Francisco District Attorney Kamala Harris, who announced she was exploring a run in mid-November, and former Assemblyman Joe Canciamilla, who filed in July.

Harris and Lieu and Canciamilla can answer one question for me that would help me in my decision for 2010.  Do they feel they can keep stonewalling the Federal Prison Receiver, as Jerry Brown has, and refusing to comply with providing prisoners an environment that doesn't violate their Constitutional rights, or do they feel that the failure in leadership over 30 years of wrong-way sentencing and "tough on crime" nonsense needs to be stopped.  Solving the prison crisis ought to be the foremost issue for the state's top cop.

Yup!  That Jerry Brown.  Cheerfully violating prisoners' constitutional rights.  People have died as a result.

Lovely.

There are other, more recent diaries in which the downward budget drama spiral is further dissected.  In particular, in Is Arnold coming around and has the GOP lost its mind?, Brian Leubitz points out that the Gropenator's belated move toward explicitly criticizing fellow Republicans is a bit late, as well as waaaaaaay too soft:

For a while, Speaker Bass and others (including lots of posts here) have pleaded with Governor Schwarzenegger to stand up to the Republican obstructionism.  He says he is for revenue increases, but he's not knocking heads like past Republican governors have been willing to do. Pete Wilson and Ronald Reagan did it, surely Arnold could bang out some sort of compromise.

But up to now, he's just been sort of attacking the legislature in general and really failing to recognize the underlying unwillingness to work for a solution from the Republicans. Now, surely we can agree that today's Republicans are a lot more partisan than those of 20 years ago.  However, that's just not a sufficient excuse for the Republican governor to fail to bring a single vote over.

At yesterday's press conference, Arnold slighlty altered his tune.  He began to acknowledge what this is: Republicans are holding the state hostage.  They are simply not negotiating in good faith.  Take this for example, from the transcript on the Bee:

    But I think that what is important is to come to the meeting and to be prepared and to propose those kind of issues. I have been to many meetings; none of those things were discussed. So I think it's very hard for the Democrats, in a way, to negotiate when no one puts that on the table and says here is the list of things that we ask for and if we have this list then we're willing to increase taxes and to come up with extra revenues. But it's always very vague and nothing specific and I think that makes it sometimes frustrating in those negotiations.

Ok, well it's a start, Governor, and the legislative inaction clock is very cute. But this simply isn't enough. But today it seems that criticizing Republicans is too much.  After a Big 5 meeting, Senate Minority Leader Dave Cogdill decided to take his frustration out on the Governor:

    I believe that the Big 5 process has been irreparably compromised as a result of comments in the press over the last couple of days, and it's pretty difficult to negotiate in good faith in that situation. My personal belief is that any resolution to this that is going to be negotiated will result from efforts with the Big 4 similar to what we were able to accomplish with the budget last year, because, again, I just don't see this process as being productive or helpful. (SacBee 12/11/08)

The thing is that the Republicans in the Legislature have grown used to one Arnold. The post-partisan Arnold that tries to make nice with everybody. The Arnold that we've basically had since the 2005 Special Election.  Then some new Arnold dared to nudge the Republicans for failing to negotiate in good faith, so Cogdill is going to take his marbles and go home.

It's quite simple really: the GOP hates California, just like it hates America.  They like themselves and their yachts.  They don't like anyone else.  And if they can take everyone else down, and stay safe in their gated communities, then that sounds like a plan to them.

The thing to keep in mind is that California has produced a bevy of progressive leaders, including some of the most progressive members of Congress. There is a vibrant progressive political culture here in the state.  But it hasn't been properly mobilized for governing.  Not even close.  And in the end, that is nobody's fault but our own.  We have focused attention on very important, but ultimately lesser battles--lesser in the sense that they can easily be reversed, undercut or rendered irrelevant by the sort of power that comes with truly being in charge of the power of governance.  It's way part time now, for that to change.


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Reforming California's Initiative System (4.00 / 2)
Is anyone working to put a proposition on the ballot to change the way initiatives are done?  I'd start with requiring a super-majority to amend the state constitution.  What's a good number?  60%? Two-thirds majority?

Things You Don't Talk About in Polite Company: Religion, Politics, the Occasional Intersection of Both

So Far, Ony Grumblings, As Far As I Know (0.00 / 0)
A much more basic reform would apply to all initiatives.  It would make our system conform to the original Swiss model, which seems to work much, much better.

The Swiss model allows the legislature to come up with a substitute measure to place before the voters.  These measures almost invariably are free of the hidden purposes and one-sided approches that mar most initiatives as proposed in California and other initiative-addicted states.  And they are generally so popular that often the original initiative proponents withdraw their proposals, and support the legislative substitute.

There is already a legislative method for amending the Constitution, so this could be integrated with the altered initative process to provide additional safeguards.  Whether we'd want to increase the percent popular vote required to pass an amendment as well is certainly something I'm open to.  But it might not prove so necessary with these additional provisions.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Iniative and referenda should be eliminated. (0.00 / 0)
I was around and horrifed as to its implications when they passed Prop 13 in 1976? which did 2 things

1. fix properties taxes so as to defund the California budget.  Now property taxes are regressive and it was these stories of woe that passed Prop 13.  You need an income taxe or some other progressive tax.

2.  Of course there is no way to raise taxes because Prop 13 also made a 2/3 majority theh floor for passing tax increases.  

Prop 13 marked the beginning of billionaires and millionires and right wingers using the iniative process to 1.  make government dysfunctional (term limits of 6!!!! years) and distract the left by defendcing against one invidious iniative after another...like the recent Prop 8 ballot which seemed to undercut any campiagn to elect more Democrats so as to meet the ridiculous 2/3 requirement.

(If  you look at history this is not an uncommon tactic used by the ruling class to take over what initially had once enpowered people. In the 1600's and 1700's ,the English nobility who had prided themselves on their ignorance and military skills realized that education and the elite universities like Oxford and Cambridge were a a way to keep and consolidate their class power. They began to displace the poor by significant numbers)

Prop 13 has to go and the entire process has been totally destructive to decent government.  It is a Progressive era PROCESS REFORM which has come back repeatedly to actually destroy any chance for actuall progressice policy.  It has long been a fundamental mistake by the left that so called GOOD PROCESSES will automatically make for GOOD OUTCOMES.  Obviously Califoornia is the perfect example that it's not true.

"Incrementalism isn't a different path to the same place, it could be a different path to a different place"
Stoller


[ Parent ]
There's An Excellent Book About The Initiative/Referendum (0.00 / 0)
Called Democratic Delusions: The Initiative Process in America by Richard J. Ellis.

In addition to reviewing the book when it came out, I interviewed Ellis for an article I wrote at the time about the Gropenator's initiative campaign, "True Lies".  So I'm well aware of the problems involved.

But I agree with Ellis that adopting the Swiss model would cure the problems, and leave us with a valuable tool.  The initiative works best as a way to force politicians to deal with something they'd rather ignore.  Once it's forced onto the agenda, they can do a much better job of doing fact-finding, consulting experts and balancing different potential benefits and harms than even the best-intentioned initiative writer is likely to do--if such a creature actually even exists.  And letting the people vote on the end result is a second check to make sure that legislators deal with it seriously.

So, while I agree with your point, I don't think this exmple falls under it.  This was never a good process in it's American incarnation.  It was only a good process in the original Swiss form.  And that's the form we should take up.  It won't guarantee good outcomes--only eternal vigilance can do that.  But it will up the odds considerably.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
2010 Gov Race an Early 2016 Primary (0.00 / 0)
The 2010 governor's race could/should be used as an early primary for the 2016 presidential race. The right, dynamic, forward-looking person who can govern and get re-elected should be well positioned for the 2016 race. Finding an alternative to retreads like Feinstein and Brown should be a top priority.  

"Don't take much, does it, elected Democrats, to get your balls tucked up." Cf.

It's A Crime (0.00 / 0)
That Jerry Brown is even allowed to think about being Governor again.  And DiFi?  Hasn't she done enough damage, already?

My choice so far would be Debra Bowen, but I have no idea if she's even thinking about it.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
It's a Crime (0.00 / 0)
That the state (and national) Democratic Party doesn't have any strategic understanding of the CA governors office as a presidential development tool. While it's obviously problematic when parties hand pick candidates and/or otherwise interfere in primary politics, the Democratic Party as an institution should have an interest in grooming and fielding future national leaders for this office. Even setting aside ideology, it would just be a horrible waste of opportunity and institution to nominate/elect DiFi to what would clearly be her last public job when the position could be used to season and ready a future presidential (or senatorial) prospect.

"Don't take much, does it, elected Democrats, to get your balls tucked up." Cf.

[ Parent ]
Precisely (0.00 / 0)
In fact, the same applies to cabinet picks, high-level ambassadors (UN and UK primarily) and a few other choice spots.  They are all potential slots for future senators, governors, even VP picks.

I'm not suggesting for a moment that this should be the dominant consideration.  But it damn sure ought to be somewhere in the mix.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
What we need to do (0.00 / 0)
Is change the Constitution so that a budget can be passed by a majority, rather than two-thirds. There is a reason it takes a 2/3 majority in Congress to overturn a veto -- it's supposed to be REALLY HARD to do. And yet here in CA, they need that 2/3 for every damn budget.

It's tyranny of the minority, and has to stop. If Prop. 8 can be passed with a simple majority, how about a proposition to make the government work again?

I also think the ridiculous term limits in our state government have stolen any semblance of experience or bipartisanship from Sacramento. These crooks go in there, they do their 14 years (max) and then cash in with big business or lobbying firms.

I'd be fine with eliminating propositions altogether -- AFTER we can fix these other problems.


I loved your Rahm-Blagovich "scene" (0.00 / 0)


"Incrementalism isn't a different path to the same place, it could be a different path to a different place"
Stoller


[ Parent ]
Republican in CA? (0.00 / 0)
Then you're an odd duck, by definition.

However, the gist of your article is correct.  CA will run out of money in February.

It's not a joke.


Great Post (0.00 / 0)
There is FAR to little attention given to the political absurdity in this state.  When I moved here, I was blown away by the absolute incompetence of the state Dems.  They're entirely ignorant to lessons that we've learned throughout the country in he past 10 years- namely that it is OK to fight back, and advance your own view of how things should be.  

Within one of Robert in Monterey's posts was a realy important nugget:

...a deficit of that size ought to give progressives an opening to advocate for a modernized, fair, and realistic tax structure. Wealth taxes must be at the core, just as they were for FDR during the Depression - that's money we can easily get and that won't worsen the economic crisis.

This will be a crisis-level scenario. Villines and the Jarvis Crew will be making demands that are nothing less than criminal.  And there will be a LOT of very scared Dems that want to keep negotiating on their terms.  Hopefully, cooler heads will prevail, and we'll offer them our own list of demands, and put the same thing in every Californian's TV and inbox, and wait for them to call.

The point is, we're the majority and we can pull the rug out from under them.  There is no reason we shouldn't hold them hostage to OUR demands, and make them negotiate on OUR terms.  If we have the stones, we can use the moment to turn the course of things. But will we?


This Is Really Hard To Say (0.00 / 0)
With Karen Bass, we actually have a long-time community organizer as our leader in the Assembly.  And she wasn't just a community organizer for a few years.  Try a few decades. So if she's not willing to think outside the box...

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
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