Disclosure: I work for the Courage Campaign. Take the poll – it closes at noon today!
This year’s budget crisis produced more than frustration, agony, and suffering for Californians. It has also produced a growing consensus that our basic governmental processes are broken. The 2/3 rule is the most commonly criticized aspect of California’s broken government, but there are other factors that get cited, from ballot box budgeting to term limits to redistricting. Even good progressive leaders like Karen Bass are having difficulty given these structural problems. Eliminating the 2/3 rule alone would go a long way in helping fix this state, as would electing enough Democrats to give us a 2/3 majority. But as Californians look at Sacramento, there’s growing agreement that a broad range of fixes are necessary to get our state moving again.
Today the San Francisco Chronicle echoes these arguments in an editorial, calling for a series of reforms from eliminating the 2/3 rule to biennial budgeting to Prop 13. But because there are so many reforms that are needed, and because it’s difficult to get them through the Legislature and the ballot box one by one, some groups have concluded the only way to push through a bigger reform package is to call a constitutional convention.
The Bay Area Council has already made such a call, suggesting a convention that is limited to only structural governance issues and prevented from proposing changes to individual rights clauses or anything related to social issues. Their call is starting to get traction around the state. The BAC is made up of the heads of Bay Area corporations like Chevron and Yahoo! and have the resources to put this issue before legislators and voters. The question facing not just the Courage Campaign, but progressives in general, is do we agree with them that a convention is the best way to provide the reforms we need?
That’s why the Courage Campaign is asking you to vote in our convention poll. Do you think we should advocate for a Constitutional Convention to fix our state’s numerous problems?
The arguments for a convention are compelling. Voters choose the delegates, and must approve whatever amendments the convention proposes. A convention elected by and accountable to voters would have broad public support and its recommendations might be taken more seriously – and have a greater chance of passage – than individual reforms sometimes seen as partisan in nature, like Prop 93 or Prop 11. A convention also allows for numerous reforms to be proposed and adopted at once, instead of in a slow one by one process. And of course a convention may succeed at producing needed reforms where all other attempts to fix the state’s process in recent years have failed.
There are good counterarguments to this. If Democrats achieved 2/3 majorities in both houses they could push through some of these reforms without needing to go through the lengthy process of holding a convention. It may not be possible to limit the authority of a convention to just process issues – we don’t want to open pandora’s box or give social conservatives an opportunity to limit basic rights. And surely there are other objections (put them in the comments if you’ve got ’em!).
So that’s why we’re asking you to take the poll. Let us know what you think. And certainly add your thoughts in the comments. If a convention does happen it will need broad support from the progressive community, and it’s a discussion we need to have now, especially if the well-funded BAC is serious about calling one.
More details, including an explanation of how a convention would work, over the flip.
The details of how a convention would work:
Article 18 of the California Constitution explains the convention process. First, the legislature must vote with a 2/3 majority to put a proposition on the ballot to call a convention, and a majority of voters must approve that proposition. If the convention call is approved by voters, within 6 months there will be a convention. Delegates to the convention will be chosen by the voters based on districts. The convention does not have the authority to actually change the Constitution itself – only the voters can actually ratify Constitutional changes. What the convention does is debate and refine proposals, and agree on what will be submitted to voters.
For example: If the Legislature puts a convention proposition to voters in March 2009 and it is approved by the voters, the convention must begin no later than September. Between March and September Californians would vote to send delegates to the convention. The convention would likely take several weeks to thoroughly deliberate proposals, and present a document to voters by the end of 2009. At an election in 2010 – perhaps the June 2010 primary – voters would be asked to approve the proposed changes.
To add to that: the voters can bypass the legislature and put a convention call on the ballot themselves by gathering enough signatures.
And below is the email we sent out last Thursday to our members:
Dear Robert,
California is in crisis.
And, no matter what happens with the state budget this week in Sacramento, the reason for this crisis is clear — California’s government is broken.
Gov. Arnold Schwarzenegger may veto the state budget. And the legislature may override his veto. But our state will still be structurally ungovernable.
On Tuesday, we highlighted the destructive gridlock caused by the 2/3rds voting requirement to pass a budget. But that is just one part of a larger government failure to address the problems that face Californians. Runaway ballot initiatives, annual budget stalemates, and arcane rules are some of the structural problems that plague Sacramento. As unemployment and foreclosure levels soar, a broken government is an impediment to economic recovery.
America has been here before. During the 1780s, our newly independent nation faced a crippling economic crisis and a government that was unable to effectively respond. To remedy the crisis, James Madison, George Washington and other public servants met in Philadelphia in the summer of 1787 to reshape the federal government to resolve the crisis and provide for stable government that also protects our freedoms and rights. We celebrate their achievement by calling them Founding Fathers.
We believe California is at a similar crossroads. The economy and the political stalemate will only get worse unless we fix Sacramento. To fix Sacramento, we need the kind of structural change that can only come from a revised California Constitution.
The Courage Campaign is therefore considering asking the state legislature to convene a Constitutional Convention for California, which would open up a formal process to enact significant structural changes in our government — just as our Founding Fathers did in 1787.
We think it is imperative that such an important decision only be made with the support of our members and our allies in the progressive movement.
We are not the only California community considering calling for a Constitutional Convention. The “Bay Area Council” — which includes representatives from Google, Yahoo, Chevron and Wells Fargo — has already gone on record in support of the idea in a San Francisco Chronicle op-ed, strongly advocating that “drastic times call for drastic measures.”
There is momentum behind this idea, but unless progressives begin to engage this discussion, our agenda for California’s future will be marginalized.
In our view, if a Constitutional Convention is called, it should be narrowly focused, with the power to propose to voters reforms of the budget process, legislative process, ballot initiatives, and other aspects related to the way California’s government operates. We would insist that the convention have no authority to discuss changes to parts of the Constitution that protect individual freedoms and rights, or anything related to social issues. The convention delegates would be elected by California voters, and any proposed changes would have to be ratified by voters.
A Constitutional Convention could create change that would transform California and our country. To make that change as progressive as possible, public participation and approval — at every step down this pivotal path — is fundamentally important.
That’s why we’re putting our decision in your hands. We want you to tell us whether calling for a Constitutional Convention is a good idea for the Courage Campaign and for the progressive movement in California.
Do you believe we should call for a California Constitutional Convention to fix our state’s government? Please read our brief explanation of how the process would work and then take our simple “Yes” or “No” poll today. One person, one vote. DEADLINE: Monday at 12 p.m. PT:
http://www.couragecampaign.org…
We are calling on you, the people of California, to lead, because that is the only way progressive change will happen. We can give the legislature and the Governor an opportunity to act, but they will only do so if we build a grassroots movement for change — from the bottom-up.
That’s what happened in 1787 and that’s what we can make happen now.
Thank you for doing everything in your power to help us make 2008 — and 2009 — a new and historic era for progressive politics in California.