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The Hurdle Gambit: Propositions 23 and 25 on The Liberty Scale

Submitted by Ken Watts on Fri, 10/29/2010 - 14:06

CALIFORNIA PROPOSITIONS are a particularly appropriate subject for The Liberty Scale, because the process is supposed to be about the average citizen exercising power in government.

But as I've pointed out before the only path to real liberty—to keeping power in the hands of average citizens—is constant vigilance.

If we don't pay attention the power will be grabbed.

One way to do this is to cripple the legislature so that it doesn't matter who we vote for, since their hands are tied so firmly behind their backs.

And one way to do that is by an especially misleading trick: put a law in place that seems to make something difficult while actually making it virtually impossible.

Propositions 23 and 25 both touch on this tactic, in different ways.

Proposition 25: LibertyScale-5to+4

In 1933, voters were convinced to approve a requirement that the legislature must have a two-thirds majority to pass any budget which grew by more than 5% in a given year.

At the time this seemed reasonable—California was not growing rapidly, and so budget increases of that size seemed excessive.

But after World War II the state grew rapidly, and consequently so did the budget, with the result that the 5% limit was always surpassed, and so the legislature always needed a two-thirds majority.

In the 1960s a commission was formed to overhaul the state constitution.

As part of that overhaul, the commission dispensed with the 5% limit entirely—making the two-thirds requirement into law even if the budget didn't grow at all.

This was sold to the voters as "eliminating obsolete language" and was passed.

The problem is that a two-thirds majority is virtually impossible to obtain, with the consequence that every year the budget is late, and every year our legislators get resented for not being easily able to accomplish something which is almost impossible.

The subsequent compromises at the end of the process are generally of the sort which do little good for anyone, and do not reflect the will of the voters.

The hurdle has been set too high for efficient government, and we are all paying the price.

The current situation earns a -5 on The Liberty Scale.

Proposition 25 addresses that situation in two ways:

  1. It would eliminate the two-thirds requirement, substituting a simple majority.
  2. It would penalize lawmakers personally for failing to meet the June 15 deadline (something they currently have not been able to do) by docking their pay for the period from June 15 to whatever date the budget is passed.

While I personally feel the second provision is a little harsh, given the fact that the problem was not of the legislator's making, it would provide added incentive to finish on time, and with the change in the voting rule that should not be a problem.

So, even though I object to treating our elected representatives like errant children, I give the Proposition as a whole a +4.

That makes the overall rating on The Liberty Scale +9.

I'll vote yes on Prop. 25.

Tomorrow, Proposition 23...