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     May 27, 2009
Page 2 of 2
California's sweet dream sours
By Julian Delasantellis

In the modern era, this pattern was established in 1978 with the California voters' approval of Proposition 13, the Howard Jarvis property-tax cutting initiative that became the first shot in the tax revolt war that swept Ronald Reagan to the presidency in 1980. (Jarvis is the taxicab passenger in 1980s movie Airplane who gets left in the cab while Ted Striker (Robert Hays) goes off to save his fiancee and a planeload of other passengers from the most hilarious case of food poisoning ever seen.) Besides capping locally originated property taxes, it mandated when applied to the state level a two-thirds majority in the state legislature to either pass a budget or raise statewide taxes.

Which is why the advocates of the five tax packages shot down last week knew they had to try their luck with the people rather

 

than the legislature, where they knew that they could not get two-thirds support.

After 1978, governance by popular initiative became quite the rage. As Jules Tygel, professor of history at San Francisco State University put it in a 2005 article in the Los Angeles Times:
The success of Proposition 13 marked the beginning of a new trend. The initiative was no longer viewed as a means to correct the Legislature. Rather, it became an instrument to govern. Between 1982 and 1988, voters passed 22 measures. In the 1990s, they passed 24 more. In the 20 years since Proposition 13, Californians passed more initiatives than in the preceding six-and-a-half decades. Many of these measures further limited the Legislature's ability to govern. Proposition 4, approved in 1979, imposed limits on the growth of state spending. Proposition 98, passed in 1988, mandated that 40% of the state's general fund be spent on public schools and community colleges.

These and similar measures restrict state legislators' flexibility and curb their ability to reach budget compromises. As a result, direct democracy has turned the annual budget process into an annual budget crisis.
Just in this decade, the voters of California have had to pass judgment on over 100 referendum initiatives and proposed amendments to the state constitution. A close look at just some of them explains a lot of why the state is where it's at today.

In March 2000, California ballot initiatives 12, 13 and 14 authorized about $15 billion in bonds for general improvements to libraries, parks, and state water quality systems. Later that year, they passed Proposition 36, which for five years mandated $120 million in treatment services for drug addicts. They also turned thumbs down on Initiative 26, which would have replaced the two-thirds ballot "supermajority" needed to raise school-directed taxes with a simple majority.

Just in 2002, the people passed Initiative 40, another $2.5 billion bond issue for clean parks and water, along with Initiative 42, which took gas tax revenues out of the hands of the Legislature to dedicate it solely to transportation. They also passed Initiative 46, funding battered women's shelters, along with Initiative 47, a $13 billion kindergarten funding bond. Proposition 49, passed by over 900,000 votes, provides for up to $75,000 in fresh funding to each public school in the state for new before and after school programs. Finally, 2002's Initiative 50 provided for another $3.5 billion in bonding for more clean water and coastal protection projects.

In 2003, as the budget deficits inherent in this process started to really mount up, Californians fell back on a particularly familiar security blanket - they put the whole thing in the hands of an action movie star. Then Democratic governor Gray Davis was recalled in favor of on-screen superman Arnold Schwarzenegger, who campaigned in character by deriding his opponents in the legislature as "girly men" whom he would wish "hasta la vista".

The party continued, as evidenced by 2004's Initiative 61, providing $750 million in bonds for children's hospitals. Proposition 63 called for $750 million in new mental health spending to be raised through a 1% rise in the marginal tax rates paid by people reporting over $1 million in income.

In the past few years, the coming due of all the bonding initiatives passed early in this and the previous decades meant that the state was spending up to 40% of ready cash just on debt service, expenditures that could not be cut back without a government default on its obligations. The state has been in a virtually unending budget crisis since the middle part of this decade, and that was even before the global economic crisis hit.

Many people look at the huge budget deficits being racked up in Obama's first months in office and come to a quick conclusion that the US government, much like the California legislature, must be spending too much. In both cases, that is not true.

In Washington, the projected $1.8 trillion deficit is being driven primarily by the almost 10% of the population now unemployed and subsequently paying much less in income taxes, along with some increased "countercyclical" spending on programs such as unemployment and food stamps. Very little, as of yet, of the current deficit is Obama's spending.

In California, it's not the legislature driving the deficits; it's the ballot-mandated programs that the legislators are proscribed from coming even near trimming - just like legislators in Washington can't touch the "entitlement" programs of Social Security and Medicare. That, and the subsequent prohibition of tax hikes, mean that California would be having trouble even with the economic crisis only giving the state just the absolutely lightest of friendly busses, which it certainly is not.

At 11%, California's has the fifth-highest unemployment rate in the United States. That alone would be driving up the state deficit, but the fact that income taxes hit upper-income California taxpayers so hard makes the current circumstance even more problematic.

For the most part, rich people in America do not get that way through their weekly pay packets. They either inherit their money, or find themselves rolling in dough through capital gains on their real estate and stock investments. California, with a 10% marginal tax rate, the highest in the nation, for incomes over a $1 million, was getting a highly disproportionate share of its state income through its richest taxpayers; 1% of its taxpayers filled up 50% of the state's coffers.

These are the guys who sure aren't filling those state coffers with capital gains taxes from their San Diego real estate flips or stock option plays anymore. As more and more time passes in which they are not, California will still be borrowing money to pay its debts, and the fiscal situation will only get worse and worse and worse, as it will when Governor Schwarzenegger returns to the legislature with the budget cuts necessitated by the failure of his five tax-raising initiatives last week.

Still, that's not the worse part of the problem.

Of the five defeated tax raising initiatives, it was Proposition 1B, mandating $9.3 billion in new community college funding, that did the best, garnering 37.4% of the vote. It only needed another 12.6% +1 to pass and become law.

But if Proposition 1B was being debated in the legislature, it would have had to pass a far higher bar; it would have needed a "supermajority" of two-thirds of the legislature voting affirmatively.

What is the stated justification for the supermajority? Its supporters claim it as a sort of ultimate check on the tyranny of the majority, of the mob. The mob, being the mob, may have the numbers and they may be destitute, but at least, with the supermajority requirement, they won't be able to drain the upper-classes' riches through legislative legerdemain anytime soon.

Where does that leave the non-supermajority majority? It leaves them, much like in old South Africa, as essentially without full rights in the land in which they are the majority. They can't move initiatives on measures that might be important to their communities, such as education and pollution, without getting the approval of the minority, a minority frequently obviously disinterested in addressing these very issues of concern to the majority.

This is particularly true as regards to the massive 100-car freeway smash-up that is modern California demographics. Hispanic-Americans outnumber whites in the state in every age cohort up to 45-54; add in Asian-Americans, and whites are outnumbered until you get way out to the senior citizens.

Political identification in California has become very easy. If you're any type of person of color you vote liberal Democrat as you do if you're white and live in the crunchy granola northern part of the state and West Hollywood. If you're white, and you live in the Caucasian redoubts of Orange County south of Los Angeles down to San Diego, you vote conservative Republican.

In terms of social comity and peaceful co-existence, probably the only existing system that does this worse is the tradition in chauvinistic cultures that allows brothers to murder the family members of one who had insulted their sister. The ethnic minorities, now the collective majority, know full well that the newly installed minority does not care sufficiently about them to tax themselves for their benefit. The now minority thinks that all society's troubles are just a result of the excess utilization of government services by "those people". Right-wing California talk-radio hosts regularly make six- and seven-figure incomes talking from sunup to sundown about how "those people" are the only ones currently to be found in schoolrooms, welfare offices, and hospital emergency rooms.

In much the same way that last-stand Boers resisted majority rule by the Africa National Congress by thinking they were the final bulwark of Christian civilization in Africa, in the gated communities of Orange County, conservative white Republicans defend the two-thirds supermajority by claiming that only they are the true guardians of the "real" America.

Ethnic groups disenfranchised by the political and power system sparked California's civil rights riots of the 1960s, as well as the Rodney King riots in 1992. Will it take more riots before Californians realize that a system set up with the best of populist intentions has now deteriorated to something that only serves the worst of the people's narrow-minded prejudices? If it does, the rioters will find their opponents very well supplied, as the election of Obama has led white America to stock up on ammunition as if there's no tomorrow, or at least as if there's no tomorrow that does not see them being tenderized through being boiled in oil in an African chef's stew pot.

At its heart, the political dysfunction that has led to its current economic dysfunction is quintessentially Californian; it's the belief that one can have everything good in the world forever and at no cost. If you're a woman, your plastic surgeon can load you up with so much botox and staples that you'll soon be double-dating at the drive-in with your great-granddaughter; if you're a man, you can ask your urologist to pump you with so much Viagra that you'll be breaking off the plaster at the nursing home on your every visit to the tub room.

There's the American dream, the California dream - everything all the time one wants it. In 1965, the Mamas and the Papas wrote of California dreaming; perhaps it would be better now if the state finally woke up and faced the morning.

Julian Delasantellis is a management consultant, private investor and educator in international business in the US state of Washington. He can be reached at juliandelasantellis@yahoo.com.


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