1. The state of THE State Constitution
Political Science 103A, Lecture #2

2. California’s Year of Reform?
How Well (or Poorly) Does California Government Perform Today?
Conventional Commentary and Academic Research
How Should it be Fixed?
What’s the Right Process?
Proposed Solutions
UC San Diego’s Role in Reform

3. Our Twin Challenges Partisan Polarization in Legislature
Per Capita State Spending (LAO)

4. Judging California Today
California’s Two Governments
Legislation: A majoritarian system
Budget and Taxes: A consensus (2/3) system shifting half way to a majoritarian system
Two Ways to Evaluate Government
Efficiency: How quickly are issues resolved?
Responsiveness: Does the final decision reflect what voters want?

5. Legislative Efficiency: Does Polarization Predict Gridlock?

6. Legislative Representation (Best in the Nation)
From analysis of 39 policy areas by Justin Phillips and Jeff Lax (Columbia University)

7. Budget Efficiency: Delays No Matter Who is in Charge
Dept. of Finance data courtesy of Eric McGhee

8. Budget Representation
Recipe for Solving Deficits: Leans right lately
Long tradition of mixing cuts with tax increases
2009, 2011 red budgets in a blue state

9. Are We in a Constitutional Crisis?
Partisan Polarization is Here to Stay
Sacramento’s divide reflects demographic trends across the state, voters matching ideology to party (not just gerrymander)
Our Two Governments Perform Differently
Our majoritarian legislative process works better than the budget, but is far from perfect
Popular Consensus on Problems, Less Consensus on Solutions

10. Constitutional Convention
Three Routes to Reform
Voters
Constitutional Convention
Legislative Revision
Piecemeal Reform

11. Constitutional Convention
Convention Call
2/3 of legislators (or perhaps a citizen initiative)
Must be accepted by a simple majority of voters
Meeting of Convention
Deliberative process may revise, proposing “changes in the nature of our basic governmental plan”
Public Vote on Revisions
Simple majority in statewide election needed

12. Constitutional Conventions: A Risky Route

13. Legislative Revision Passage by Legislative Supermajority
Deliberative Process
Revision Commission appointed by legislature, or
Legislators themselves in committee and on floor
Passage by Legislative Supermajority
2/3 vote of both houses, which can guarantee consensus (1960s) or gridlock (1990s)
Public Vote on Revisions
Simple majority in statewide election needed

14. Piecemeal Reform: Constitutional Amendments from Citizens or Legislators
Constrained in Scope and Breadth
May only amend, not revise, the constitution
May only cover a “single subject”
Authored by Citizens or Legislators
Any citizen group with $2 million to qualify for ballot,
Legislature via 2/3 vote in both houses
Public Vote on Revisions
Simple majority in statewide election needed

15. An Appetite for Constitutional Reform
October, 2009 Field Poll on Reform
51-38% favor “fundamental changes” to constitution
51-39% prefer convention to legislative commission
32% would be “very likely” to serve as delegates
48-42% think illegal immigration should be part of constitutional debate
But few specific reforms have majority support, and “Repair California” convention call fizzled

16. So, What Reforms do Voters Want?
Traditional Polls Ask Voters for Quick Judgments About Complex Issues (October 2009 Field Poll):
23% support for flattening California’s income tax
23% support for creating a new type of sales tax
27% support for allowing legislature to raise taxes with a majority rather than 2/3 vote
37% support for limiting Prop. 13 protections to houses

17. Alternative Approach: Get California Together in a Room
June 2011 “deliberative poll” on constitutional reform in California
400 randomly sampled voters spent a weekend together in Torrance after doing “homework”
Polled on Friday and Sunday

18. Deliberation Led to Consensus

19. Piecemeal Reform Round 1 (2010)
June 2010 Primary
November 2010 General
Prop PASSED
Creates a “top-two” primary designed to open the door to legislative moderation
Prop FAILED
Allows a pilot program of public financing in Secretary of State elections, funded by tax on lobbyists
Vote for Budget Changes from 2/3 to 50%+1 (P)
Vote For Fees Changes from 50%+1 to 2/3 (P)
Protect City Finances (P)
Expand Citizens Redistricting Commission to Congress (P)
Eliminate Citizens Redistricting Commission (F)

20. Piecemeal Reform, Round Two (2012)
June 2012 Primary
November 2012 General Election
Prop
Amends term limits by allowing legislators to spend up to 12 years in one house of state legislature
Does not apply to today’s legislators
Passed 61-39%
Series of budget reforms from deliberative poll, backed by California Forward and Think Long (Prop. 31) FAILED
Competing tax increases from Governor PASSED and Molly Munger FAILED (30 and 38)
Redistricting referendum (40) FAILED
Limits on corporate giving, union fundraising and giving (32) FAILED

21. CaliforniaChoices.org website viewed by 100,000 Californians for an average of 5 minutes in the weeks leading up to the November, 2012 election