Here in California we believe in a few key truths: avocado goes with everything, snow is something you drive to and the best way to pass laws is by the popular vote. Actually that last one isn’t really true but you’d be hard pressed to argue against it considering the sheer size of the Proposition system.
If you’re not from California, the proposition system is a way for laws to get passed without going through the legislature. Any citizen or organization can draft up a law and as long as the Attorney General deems it to be legal and enough signatures are collected it gets placed on the ballots for election day. If enough people (read: majority) vote for the proposition, it becomes law. It’s that simple.
No signature from the executive branch, no vote from the legislative branch. It’s as if we have no elected officials. What’s wrong with that system you ask? Well, in theory the system is a great way to keep legislative power in check. In practice the system has created the most dysfunctional government of all the states.
Don’t believe me? Consider the case of Proposition L here in San Francisco.
Proposition L, the “Sit-Lie” ordinance, would “restrict sitting or lying on sidewalks citywide from 7 a.m. to 11 p.m.”. That’s a law on the ballot for the popular vote in November. Who sponsors the proposition? The mayor of San Francisco, Gavin Newsom. The mayor is working to pass legislation to make it against the law to lie on the sidewalk through a popular vote. Think about that.
Proposition L is just a symptom. Every election year there are countless propositions on the ballot at the City and state level to argue about which side of the street to park on and on the official stance on blue geese. Citizens are mailed textbooks with information on the propositions so that they can make well informed decisions.
We elect a legislature for a reason: to pass laws. That is their job. The legislators are held responsible for their work when re-election comes up and they have to justify their records. Checks and balances exist to ensure their power isn’t abused. The law makers focus all of their attention on drafting laws that will achieve the goals of the state and survive the test of time. None of that is true of propositions where no one is held accountable and no checks exist. The Mayor is supporting Proposition L because there is no political risk. If the people vote for it he can claim credit, if they vote against it – well, it was their decision they can’t hold it against him. Contrast that with an actual bill in the legislature where actual lawmakers would be asked to justify the laws. Perish the thought.
The California legislatures are incapable of compromise because they don’t have to compromise. When they disagree they just file propositions and let the people vote. It’s like kids who just go to their parents to settle every dispute.
Average citizens cannot and should not be able to properly judge the impact of legislation on the long term health of their government. California is heading towards bankruptcy because so many funds were allocated with propositions that the discretionary budget is only a fraction of revenues. The legislature literally can’t balance the budget because they don’t control it. It was created through propositions voted for by people who in no way understood the long term effect of their decisions.
There is one time that laws should be created through a popular vote and that is Constitutional Amendments. Such changes have to require the popular vote or else the legislature could vote themselves unlimited power. However, those popular votes are only to control the rules of the game and not the game itself.
California is a great state and the avocados here are really good. However, if the proposition system is not curtailed or removed it will not continue to be a great or even good state in the future. The people of California are literally choking themselves on laws that should be the domain of professional lawmakers and are instead the whim of the electorate.
If you believe that we cannot trust the legislature with creating the laws to keep the state working then I challenge you to find a better system. Seriously, it seems to be working for the rest of the free world. Then again, they don’t all have avocados…
