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California's 2/3 Supermajority Rule - A Cautionary Tale On The GOP's Abuse Of The Filibuster

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TomCADem Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 01:08 AM
Original message
California's 2/3 Supermajority Rule - A Cautionary Tale On The GOP's Abuse Of The Filibuster
Edited on Sun Oct-04-09 01:08 AM by TomCADem
Fox News has started running a series of stories trying to make the case that California is a test case for President Obama's policies, and that the fiscal failure of California highlights the weakness of such policies. HOWEVER, as with most things stated by Fox News, the absolute opposite is true.

We should all look at California, which has a series voter adopted propositions that effectively strip away the power of the legislature to govern, THEN we also impose term limits on them, so that they have no vested interest in the continued viability of the State. Proposition 13 severely limits the growth and amount of property taxes, which most local governments rely on to pay for education.

Of course, the biggest reason for California's demise is its two-third super majority rule for passing a budget or a tax increase, which allows Republicans to hold the entire State hostage to pass their agenda as noted in this piece by the often conservative LA Times:

http://www.latimes.com/news/opinion/la-ed-vote23-2008dec23,0,6986978.story

###

End the supermajority
A California requirement for a two-thirds vote to pass a budget or raise taxes no longer gets the job done.


Most legislative bodies operate by majority rule: Get more votes than your opponents, and you win. It works that way with legislation, and in most of the democratic world it works that way when adopting the annual budget, a political body's most vital policy document. A legislature needs a supermajority only in the most unusual circumstances, such as overriding the executive's veto.

But in California, common sense and basic democratic functions are turned on their heads. This state's Constitution requires a two-thirds supermajority simply to adopt a budget or increase taxes. For most of the 75 years since voters engrafted the extraordinary threshold onto the Constitution, its effect was close to invisible, because budgets were adopted with near unanimity. But in the last several years, the two-thirds law has warped the budget process, giving an absolute veto to whatever minority can cling to just over 33% of seats in either house. In fact, it makes the governor superfluous, because any budget that passes also has, by definition, enough support to override an executive veto.

That helps make California, once the state of optimism and opportunity, the land of "no." Out of fear of choosing the wrong road (deeper cuts or higher taxes? safer streets or better schools? individual empowerment or common wealth?), we have ensured that we are perpetually stalled in the intersection, with economic disaster barreling toward us.

This page, too, is a creature of California, relishing the state's exceptionalism and only half-heartedly willing to let go of a structure that, with time and in theory, could bring lawmakers of opposing viewpoints to the table to hammer out budgets on which all agree. In the past, we have branded the two-thirds requirement "crippling" and alluded to its inflexibility, and have cited the numerous times in which it helped delay budgets well past their legal deadlines. But even when listing it as one of the ills that plague the state, we've been reticent to fully support an end to the supermajority requirement.

That's over. It has become abundantly clear that California can no longer function with a supermajority requirement shared only by Arkansas and Rhode Island, states with vastly smaller budgets, populations and challenges. An end to two-thirds for budgets must also mean, inevitably, an end to two-thirds for taxes.

Voters adopted the supermajority budget requirement during the Great Depression. It applied only when the budget grew by more than 5% over the previous year. It was a type of soft and permeable spending cap. In 1962, faced with a measure that ostensibly was meant to clean up messy constitutional language, voters extended the two-thirds rule to all budgets, regardless of the amount of growth.


***

If Bass' amendment were in effect now, California would have a balanced budget. It also would have higher taxes, but taxpayers could rebel, as they have shown themselves willing to do. They could vote Republicans in, and it would be the new minority -- Democrats -- who insist on a supermajority rule. They shouldn't have it, just as Republicans shouldn't have it now. Minority rights should be protected, but vesting the minority party with the power to dictate to the majority isn't protection, it's subversion.

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ProgressiveProfessor Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 01:29 AM
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1. Just don't think its going to happen
Term limits mean there is no long term mature leadership. Karen Bass is no Willie Brown.
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HowHasItComeToThis Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 01:44 AM
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2. IT BOILS DOWN TO LIMITED TERMS AND HIGH LEVELS TO PASS VERSUS
CORPORATIONS THAT LIVE FOREVER
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