Saturday, April 23, 2011

Fixing California - A Reform Agenda UPDATE

The Economist has a special report this week on the state of Democracy in California, and it is not good. For the last few years, I haven't agreed with the magazines editorial positions on a growing number of issues, but they are still first rate journalists and point out some important facts. But before we get to the article, they remind us of an important truth about democracy:
California is a reminder that democracy, like capitalism, can take many different forms, and that it is intended as a means to an end, the end being liberty. Should it ever mutate into a counterproductive form, reform becomes necessary.
This is not to suggest that any other form of government is preferable to democracy, only that the particular form that democracy takes must be judged by how well it advances liberty. No one can argue that our particular circumstances are advancing the cause of liberty nor accountable government, its necessary well-spring. Consider the following facts and their consequences.
  • California transfers about 71% of its state revenue to local governments. Because the money comes from the state, local administrators no longer have much incentive to spend it efficiently.
  • California has the 35th largest legislature, even though it is the most populous state. This means that the effects of gerrymander are even more pernicious, because it's very hard for a challenger to break through. The state has few state senators than Congressman.
  • The responsibility for the budget is no longer really in the hands of the legislature. So many propositions have passed that constrain spending or taxing for particular programs, there is much less room for compromises that mark other states. The state's education minimal funding level formula has been compared alternately to the federal tax code and the general theory of relativity for its complexity.
  • We elect any number of positions in the executive branch that are appointed or part of a party ticket in other states. This results in absurd situations where the governor can't travel for fear the Lt. Gov. will sign/veto some legislation or the attorney general and insurance commissioner seeking to burnish their cred and working at cross purposes. Given the situation, no is really held accountable.
I submit that these results are not consonant with a conservative or libertarian agenda. Some of the fault lies in the proposition process, but it is such an important check on the dysfunction, even if the cause of much of it, that I am not advocating its demise. But process matters and accountability matters. If we are to reform California, I propose the following reforms, which ironically, might have to be passed through the initiative process.
  • Increase the number of state representatives to 200 and state senators to 100. This will diminish the effects of gerrymander because it will cause the make up of the legislature to more closely reflect the population. It could even be sold as increasing minority representation, which it would. I picked 100 state senators to emphasize to symbolize that in many ways, California is America.
  • Only elect the Governor and Lieutenant Governor as a ticket. The attorney general, insurance commissioner, schools superintendent, etc. would all be appointees.
  • Repeal all of the ballot measures that require minimum spending, or that direct tax monies on spending.
  • Restore the local property tax and sales tax revenue to localities that spend the money. In other words, divorce the local governments from dependency on Sacramento. If local government starts harming the local economy, they will lose revenue. Local control is certainly a conservative virtue.
That's a start to the constitutional structural problems that are making democracy more difficult in the state. Welcome your thoughts on other reforms.

Cross posted to sdrostra.com.

Digital rights to photograph purchased from dreamstime.com; commercial re-use prohibited.

UPDATE

In the comments section at sdrostra, Erik reminded me of a big reason that the state transfers so much cash to the local governments. It is the Serrano v. Priest decision of 1971, the California state supreme court ruled that funding of public education based on property taxes that resulted in highly differential per pupil expenditures was unconstitutional. Since that time, the state has endeavored to equalize per pupil spending, resulting in the current system of massive transfers of taxes.

5 comments:

  1. Grat B-daddy! Just what we need, even bigger government! Any reference to growing the size of government is insanity.

    How about we shrink the size of government and reduce tyrannical state bureaucrats power by exercising at the state level what Thomas Jefferson expressed in his reference to the men who claim unlawful federal power:

    "In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."

    How about we put a chain so tight around the neck of government and use the courts to yank that chain when necessary to secure the liberty of those who respect their fellow man's pursuit of happiness.

    How about we remove the deceptive practice of the Corporate citizen (applying corporate commercial status to men and women) from the California Constitution in recognition of being in violation of Organic Law. As the California Constitution states in Article 1 section 4:

    "4. "Person" means any individual or association, or any business
    entity, including, but not limited to, a partnership, corporation, or
    limited liability company."

    How many people realize that their STATE issued identity is considered by the courts a commercial corporation subject commercial statutory regulation?

    How many people realize the extreme cancerous growth of a tyrannical corporate STATE directly resulting from the STATE reducing your status from an Organic Man or Woman to a Corporation under direct regulation of Code made by a few?

    How many people realize the enormous expansion of financial overhead for the STATE that is a direct result of YOU being a Corprate entity subject to any "Code" forced upon you at the whims of others opinions? The financial overhead, the reduction of individual liberty, and reduction in actual Justice can easily be seen as a direct result of the Government making the individual a commercial corporation. All one needs to do is go observe any court for a day. >95% of all "criminal" cases have no accuser, no actual victim, and no valid cause of action under common law because the court considers the case to be against the Corporate YOU who is under contract to remove the common law and be subjected to statutory rule. Section 4 of the California State Penal Code explicitly severs rule of the Common Law:

    4. The rule of the common law, that penal statutes are to be
    strictly construed, has no application to this Code.

    And Section 7 opf the CA Penal Cose officially recognizes the Corporate Veil applied to the Natural Man or Woman:
    "... the word "person" includes a corporation as
    well as a natural person;..."

    So there it is. The Corporate state has made You a Corporation and then gains access to applying commercial regulation to YOU. Removing Common Law from the criminal action eliminates the need for the STATE to show actual injury to another. So in other words you can grow some pot for yourself and then the STATE claims that they can just throw you in prison for 10 years! Under Common Law this scenario is not even possible because there is no Injury to another that has been demonstrated by an accuser. Pot is just one of thousands of examples.

    ReplyDelete
  2. Just what we need an even bigger government. Any reference to growing the size of government is insanity.

    How about we shrink the size of government and reduce tyrannical state bureaucrats power exercising what Thomas Jefferson expressed:

    "In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."

    How about we put a chain so tight around the neck of government and use the courts to yank that chain when necessary to secure the liberty of those who respect their fellow man's pursuit of happiness.

    How about we remove the deceptive practice of Corporate citizen (applying corporate commercial status to men and women) from the California Constitution in recognition of being in violation of Organic Law. As the California Constitution states in Article 1 section 4:

    "4. "Person" means any individual or association, or any business
    entity, including, but not limited to, a partnership, corporation, or
    limited liability company."

    How many people realize that their STATE issued identity is considered by the courts a commercial corporation subject commercial statutory regulation?
    How many people realize the extreme cancerous growth of a tyrannical corporate STATE directly resulting from the STATE reducing your status from an Organic Man or Woman to a Corporation under dirtect regulation of Code?

    How many people realize the enormous expansion of financial overhead for the STATE that is a direct result of YOU being a Corporate entity subject to any "Code" forced upon you at the whims of others opinions? The financial overhead, the reduction of individual liberty, and reduction in actual Justice can easily be seen as a direct result of the Government making the individual a commercial corporation. All one needs to do is go observe any court for a day. >95% of all "criminal" cases have no accuser, no actual victim, and no valid cause of action under common law because the court considers the case to be against the Corporate YOU who is under contract to remove the common law and be subjected to statutory rule. Section 4 of the California State Penal Code explicitly severs rule of the Common Law:

    4. The rule of the common law, that penal statutes are to be
    strictly construed, has no application to this Code.

    And Section 7 opf the CA Penal Cose officially recognizes the Corporate Veil applied to the Natural Man or Woman:
    "... the word "person" includes a corporation as
    well as a natural person;..."

    So there it is. The Corporate state has made You a Corporation and then gains access to applying commercial regulation to YOU.

    The result of this is an exploding system of jails, bogged down courts rushing through proceeding eliminating fair trails in our courts, and even worse, enforces a system of interest bearing Bonds issued to a "Commercial Financial Institution" from the STATE for every single "charge" brought before the court thus creating a streamlined system of corruption enriching these private "Commercial Financial Institutions". The more tyranny the more profits for the private banks! One clear example of this (out of literally thousands) practice of corporate regulatory rule operating in direct violation of common law is demonstrated in someone growing pot for their own use and the STATE sending this "person" to jail for ten years without any accuser or any Injury demonstrated in the case. This drains resources from lawful duties of Government.

    ReplyDelete
  3. Increase the number of politicians? I gotta tellya, my first impulse is gag reflex. Happy Easter!

    ReplyDelete
  4. Actually increasing the number of assemblymen and possibly senators is crucial. It needs to be done nationally as well. I recommend the increase be conditional on the job returning to a part-time position. California's legislature wasn't a full time job until the 1966. It's gotten less and less efficient and totally corrupt since becoming a full-time job.

    ReplyDelete
  5. 'Dawg, I had that thought as well, but the current system is way too prone to abuse as rcl points out.
    rcl,
    Thanks for the comment, I like the idea of making the job part time.

    ReplyDelete