The California State Supreme court has decided to take up a set of cases challenging the constitutionality of Proposition 8. Among the issues that will be decided by the court is whether a ban on gay marriage constitutes a minor change (which can be done by public initiative) or a “revision” to the state constitution (which requires two-thirds vote by the state legislature or a constitutional convention to place on the ballot). This narrow questions begs a larger discussion of the rules for governing in California.
Many observers say that California makes it way too easy to amend the state constitution. In this Los Angeles Times op-ed by Ed Lascher and Tim Hodson, political scientists at Sacramento State University, and Floyd Feeny a law professor at UC-Davis, they make a compelling case for significantly revising the Constitutional amendment process in California:
the California Constitution is a bloated mishmash by comparison with the hard-to-amend federal document. Instead of a transparent constitution that citizens can understand and use, California has obfuscation, clutter and dysfunction. Eight times the length of the U.S. Constitution, it is more about legal technicalities than principles; an embarrassment for an otherwise cutting-edge state.
While I share my colleagues predilection for short, elegant constitutions, is a bloated governing document the cost of true citizen engagement? It’s not fashionable to defend California state government, but could it be that California easy initiative process is not the problem? The initiative process in California produces both horrible and inspired public policy, that is part of what makes California the wonderfully messy, incoherent, unpredictable place that it is.
But I’d suggest that the problem is the voter, not the system. Rather than focus on whether citizens should have so much ownership over the state’s governance, our time might be better spent thinking about how their decision-making about ballot initiatives could be improved. Comprehensive voter guides are not enough. If a state is going to be serious about providing its citizens with direct policy making power, then we need to think more reflectively about how we train citizens to use that power responsibly. How could we go about doing that?
Comments 5
Alyssa Milne — February 9, 2009
I agree that the problem seems to lie with the voters. I hate to sound like Thomas Hobbes, but I think that with politics, people are generally selfish and apathetic, either voting to serve their own interests or not caring either way. I think we should better prepare young voters to be more aware of what they are voting for, how government money gets spent, the realities of a budget crisis and how not all needs can be met, etc. Unfortunately even this I do not think can completely solve the problem. I feel that people for the most part (and I argue even most of those who say they don't trust the government) have grown too comfortable with the government making decisions for them and taking care of things that when given the opportunity to be a part of the decision-making process, they are at a loss, or don't want to put effort into it. Honestly, how many people would take a serious interest in their required politics class (mainly young people), thoroughly read their voter's guide, and keep up on political and economical news and issues? Some, perhaps, but not enough. After work, kids, etc. I would assume the average voter can't find the time or energy to spend dealing with researching ballots. That is why tv and radio commercials are so popular and influential, because people see/hear them at their own leisure. I believe that is why we have a representative government, people whose job it is to investigate ballot measures, deal with the budget crisis, etc. I'm not saying that voters shouldn't concern themselves with politics. I just think that getting enough educated voters to make decisions in the same thorough manner that a professional representative (hopefully) would do will not happen.
KAITLYN — February 11, 2009
I think people in California are lazy, they dont read about what they are voting for and they do not want to pay for things in California to get better. There are so many people that get the information booklet about all of the propostitions being passed, and dont even look at it. People rely on the media to get thier information from which is not the best because the media tells people what they want to hear. People dont tend to like politics class in high school, because i know from my experience it was very boring and i hated going to that class because it was confussing to me. I do think it is too easy to get something put on the ballot, and with all of these things on the ballot people have to vote on too many different things, which they dont do their research on which creates what California is today. I think this state needs to take a bunch of steps back and look at how other states run thier government.
Corey Pingle — February 11, 2009
Voters just vote with whatever sounds nice. Oh children’s hospitals-of course...a high speed rail system to San Francisco and back-sure that sounds cool...veterans have to have their housing too. Oh wait, increase in taxes no way. We are California...we have an economy that rivals Japan we should be able to build and fund anything and everything with nothing out of our pockets. The common misconceptions of a Californian Voter. Just like Alyssa said, voters do not care to get to know about the props or bonds or anything they vote on. I believe if you don’t know about what you are going to vote on then do not vote on it. Many voters do not wish to concern themselves with politics at all and that is the downfall with this state. The Californian voters keep voting for things that no one is paying for yet the state government has to so they get loans and after a while it ends up how we are today. Not all voters are like this there are many that do know what they are voting for and know the pros and cons of them. There is not much the government can do to educate these people. What more can they do??? At some point the voter-the AMERICAN CITIZEN-should take it into their own hands to know what is really going on. They should grow up and not be ignorant to what is going on. There are already pamphlets that give a very detailed explanation to the voters. It is the voters’ responsibility to read it. What type of voter is the average voter? How do we “grade” a voter? There is no yardstick to measure the beliefs of a voter. Yet again a voter will vote for whatever the voter thinks is best for society. Some say voters are selfish but I think they vote for what they think is best for society…not matter what the consequences are. Voters vote for whatever is more emotionally appealing to them, like let’s blame immigrants for our problems but not ourselves. California citizens will really have to sacrifice in the future if things do not get any better. I hopr this state/country can get back on it's feet.
Devin Conroy — February 11, 2009
I feel that this article offers many things to consider as a voter. The United States calls itself a Democracy, but is considered a Representative Democracy, not a Direct Democracy. I think that Proposition 8 should be turned over, but I do think that the State Government should follow the Federal Government in a closer fashion. I would like Propostion 8 to be turned over and for "Gay Marriage" to be considered. I do feel that Proposition 8 should be overturned, but by the voters in the 2010 state elections. I think that Southern California, having one of the highest Catholic populations in the United States, would obviously deny a Proposition like Prop. 8. I think that California voters listen to what the Television ads say and base their decisions off the twisted and skewed lies revealed. Californian's should attempt to make more informative decisions, and although I might be against Proposition 8, maybe I should consider what is really the best option for California. I think that Dr. Marichal brought up some valid points last week on class when we discussed Proposition 8. I feel that I still want Proposition 8 overturned and I feel that much of California is with me, but is it really just a title that the "Gay Community" is asking for? I was raised Catholic and I feel that Marriage has always been between a man and a woman, but over time things change. For Example, we are now very close to passing a "Gay Marriage" bill, and we have elected our first African American President. Things dont stay the same forever, change is inevitable. I think that change needs to occur through the state legislature, not the Californian Public. Voters did their best to continue the legal action of "Gay Marriage" but unfortunately our efforts should have to wait until the election of 2010.
Drew Moore — March 4, 2009
First of all, I'm from California, and I wonder if anyone else who has commented is (besides Devin Conroy, who seems to be)? Secondly, I agree with most of the problems that have been brought up in terms of voter apathy, but I'm not sure why everyone keeps citing California and its voters; voter apathy and ignorance is a huge problem nationwide, not just in California. I for one treat voting as an important job, and I research each and every item on all of my ballots, whether it's the national presidential election or choosing the board for a school district.