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  • Can regular people rewrite the constitution? Five students answer
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  • Two groups are working independently on major changes to California's constitution. Here is a summary of their strategies and the status of their efforts:

    Repair California



    This group, started by a Bay Area business group known as the Bay Area Council, is recommending a limited constitutional convention. The group is trying to qualify two measures for the November 2010 ballot. One would amend the constitution to allow the people, instead of only the Legislature, to call a constitutional convention by ballot initiative. The second measure would actually call a convention.

    The convention's agenda would be limited to the issues of government effectiveness, elections and the initiative process; spending and budgeting; and governance. Convention delegates would not be allowed to raise or lower taxes or address social issues.

    The convention would have 445 delegates. Of these, 240 would be elected from the state's 80 Assembly districts. Another 221 would be appointed by county supervisors, city councils and school districts, with one delegate for every 175,000 residents, but with each county having at least one delegate. Four delegates would be chosen by the federally recognized Indian tribes in California. The convention would convene in 2011 and place any changes on the ballot by November 2012.

    For more information, see www.repaircalifornia.com

    California Forward



    This group, funded by five major California nonprofit foundations, was created by Common Cause, the Center for Governmental Studies, the New California Network and the Commonwealth Club of California's Voices of Reform project. It is drafting changes to the constitution that it wants the Legislature to place on the ballot next year. If the Legislature does not agree, the group plans to put two proposals on the November 2010 ballot by initiative.

    THE PROPOSALS



    Budgets

    • Require new programs and ballot initiatives to identify a source of funding for any new spending or revenue reductions.

    • Establish a new rainy day reserve to hold unexpected spikes in revenue, which could be spent only on one-time obligations such as debt repayment, or for general programs when the economy slows and revenues drop.

    • Require the Legislature to adopt two-year budgets and then monitor and change them as conditions require.

    • Allow the Legislature to adopt a budget by majority vote. Tax increases would still require a two-thirds majority in each house. Fee increases that replace tax revenue would require a two-thirds majority.

    Local governments – Revenues

    • Protect local revenues from raids by the state Legislature.

    • Allow local voters to adopt sales tax increases by majority vote if county, cities and schools agree on a regional plan for spending the money.

    For more information, see www.caforward.org
Opinion - California Forum - The Conversation

Revising constitution doesn't stymie students

Published: Sunday, Nov. 8, 2009 - 12:00 am | Page 2E

To comment on this issue, please see our forum

STOCKTON -- Californians wondering if they are up to rewriting their constitution should come here, to the University of the Pacific and Robert Benedetti's senior seminar on California government.

For six of the past seven years, Benedetti's class has overhauled the state constitution as a year-long project. If nothing else, his students are proof that a group of informed citizens with a little bit of guidance and some diligent research might be able to get the job done.

Just such a task may be in the state's future. A group called Repair California is preparing to circulate two measures for the November 2010 ballot that would trigger a constitutional convention. More than 400 people from around the state – some elected, some appointed – would meet for months to overhaul the underpinnings of California government. Their proposals would then go back to the voters for final approval.

A group that large might have trouble finding a coherent consensus. But the tiny yet diverse subset of Californians that Benedetti guides through a similar exercise each year manages to zero in on many of the problems political scientists have said are at the root of the state's dysfunction.

The professor's classes have proposed streamlining the executive branch; reducing the size of legislative districts to make lawmakers more responsive to their constituents; lowering the vote thresholds for passing a budget or raising taxes; and reforming the relationship between state and local government. They've argued for limiting, but not ending, the initiative process.

And long before California voters warmed to the idea in 2008, Benedetti's classes suggested an independent commission to redraw the state's political boundaries.

"A constitutional convention would probably come to a set of prudent changes that wouldn't dramatically change the way we do business," Benedetti told me in a recent interview.

If you think dramatic change is necessary, his conclusion might disappoint. But most of the skeptics seem to be leaning in the other direction, fearing that a convention would run off the rails and endorse radical reforms that would make the state's problems even worse.

The advocates of a constitutional convention counter that their proposal would limit the convention's agenda before it started: no tax increases (or cuts); no social issues, meaning gay marriage would not be on the table. Some of Benedetti's classes have suggested changes in those areas. But for the most part their proposals have called for incremental changes.

"These are not revolutionaries," he says. "They're not really intent on undoing the essential progressive thread of the California Constitution."

Benedetti begins each term with readings on California government from a selection of essays. He has the students compare California's lengthy constitution to the much sparser American document. Then they examine other forms of democracy to see how their structure differs from ours.

"The really amazing thing about Americans is that they think every place else works like this place, but it just works not so well," he says. One thing he points out: Most democracies work under a parliamentary system that unites the legislative and executive branches.

He also brings in guest speakers, including authors, experts and some politicians. He offers supplemental readings. This year, among other books, the students are reading former Assembly Speaker Willie Brown's autobiography and a biography of Jesse Unruh, the former Assembly Speaker who was an architect of California's full-time Legislature.

Brown's book, Benedetti says, is full of self-serving anecdotes and a spin on every event that puts the author in the best possible light. But he says it still serves a valuable function.

"He talks about his career as if he were a saint," Benedetti says. "They need to hear it that way, to understand how leaders justify themselves."

I spoke to the class last month, offering my observations after more than 25 years as a journalist watching every level of California government. The students peppered me with 20 probing questions about the initiative process, the two-thirds rule for raising taxes in the Legislature, the value of direct democracy, the role of the courts, the separate election of statewide officers, and much, much more.


Daniel Weintraub has reported on California politics and public policy for more than 20 years. Reach him at daniel.weintraub@gmail.com.



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