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Majority-Vote Budget Solutions Creep Back Onto The Table

by: David Dayen

Mon May 11, 2009 at 11:40:37 AM PDT


I think the sand has come out of the eyes of most everyone in Sacramento, and seeing their May 19 solutions sinking, the legislative leadership has returned to the drawing board, where a deficit somewhere between $14-$16 billion dollars for FY 2010 must be wrestled with.  Unsurprisingly, conservative lawmakers and the media have foregrounded cuts as the first among all other options.

So where might they look?

For starters, the state would spend down its $2 billion reserve, Steinberg said.

State leaders are eyeing a possible $5 billion reduction in school spending allowable under the state's constitutional education guarantee when revenue drops. Education groups say that could threaten valuable programs and prevent schools from rescinding layoff notices they issued this spring.

"Schools would have to look at extracurricular programs, library hours, transportation," said Scott Plotkin, executive director of the California School Boards Association. "An awful lot of things not required by the law that are desirable are going to start falling by the wayside." [...]

Schwarzenegger aides have warned public safety groups he may propose an early release of up to 38,000 prisoners, split between 19,000 undocumented immigrants and 19,000 low-level offenders. The governor may also seek to house those who commit "wobbler" crimes in county jails rather than in state prisons.

The plan would save an estimated $335 million in 2009-10 and $849 million in 2010-11.

It proposes to hand over undocumented immigrant prisoners to United States Immigration and Customs Enforcement, though public safety officials questioned whether the federal government would agree to such a plan. The plan also would release 19,000 "nonserious, nonviolent, non-sex offense" inmates in the final six months of their sentences.

I don't see ICE terribly happy with the state plopping 19,000 undocumented immigrants in their laps.

On the flip side of this, I think it's important to recognize the solutions out there that involve no cuts, ones that must become part of the conversation immediately.  For example, federal guarantees for municipal bonds would save the state billions of dollars that could be diverted to closing the budget gap.  While it appeared that Congress was unmoved by this proposal, the Treasury Department could step in.

The Treasury, for instance, is working on a plan to help cities, school systems, hospitals and other agencies borrow money at cheaper rates. The credit crisis made it more expensive to get money for buildings, ballparks and other projects. The problem has been particularly acute for those with lower credit ratings, which require them to pay more for their bonds.

Officials are considering options including the creation of a federal agency that could back the bonds, aiding bond insurers that backstop municipal bonds or simply providing subsidies that could lower the rate for municipalities.

This is not a direct pass-through to the budget, but the savings would be felt in future scorings of overall revenue and spending.

More important, the Senate leader has started to talk about the majority vote fee increase once again.

But making deeper cuts into social services begins to run against logic, Steinberg said. With CalWorks, for instance, the federal match is "so significant," that to cut $1 is to turn away $4 or $5 in federal dollars.

"At some point, it makes little sense to cut even deeper," he said. "But, let's assume we make significant and broader cuts. Then, you're looking at corrections and public safety. ... I wouldn't take it as a complete given that the other side is really willing to vote for a cuts-only strategy."

If Republicans don't go along with new revenues, Steinberg said Democrats may have to resort to a simple majority vote on fees, the same tack he took last winter before Schwarzenegger vetoed the effort to force negotiations. "But we're not going to lead with that," Steinberg said.

They ought to go ahead and lead with it.  The problems we face in Sacramento are governance problems, which favor solutions that kick the can down the road instead of facing up to current challenges.  In such an environment, bold solutions that finally remove the structural revenue gap and end budget dysfunction are really the only step forward.  The majority-vote fee increase is a bold, albeit short-term, step, certainly preferable to counter-cyclical and counter-productive spending cuts, and the pressure on the Governor to accept it will increase as the summer marches on.  The long-term solution, of course, comes in building the rationale for restoring democracy to the legislature by ending the conservative veto over the process and returning to a simple majority to run government.

David Dayen :: Majority-Vote Budget Solutions Creep Back Onto The Table
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Legislators (0.00 / 0)
  We need to remind (constantly) our legislators that they did not come to Sacramento to cut funding for health, education and welfare.  Any legal strategy is within bounds
and should be tried.  Really, what do they have to lose?  If it is thrown out by the courts (and I don't think it will be) then we are just back to where we were before--giving into a small minority's demands for all cuts.  Also, we can help the chances of the courts upholding it by letting them know that judges salaries will be slashed if it is thrown out.

 That being said, we need to think about how to get back to a majority vote.  There was a posting on the California Progress Report which had a scheme that might, with tweaking, work.  I didn't follow it very closely but here is the underlying idea:

1.  Majority rule, budget and taxes
2.  Tax increases above a certain small amount go to a vote of the people at the next scheduled statewide election.

This would give the people a veto power.  Democrats could then levy taxes on the rich and corporations, which, if combined with campaigns about how cuts from failure to approve would come from, would almost always be upheld.
I may not have summerized things quite correctly but the essence of this approach is that it reserves to the people the right to approve tax increases, and then gives flexibility to the legislature through majority vote to craft legislation.  Not ideal, but a far better system than what we have now.


Actually... (0.00 / 0)
A tax increase passed by a simple majority would simply not work, and in fact could backfire. I say this for two reasons:

The first is that it is clearly unconstitutional, and would almost certainly be overturned by the courts. This would only delay the issue further, possibly to the point where the cash flow problem causes a disaster. This of course assumes that Arnold signed it, which is debatable.

The second is that it would be extremely unpopular. According to the latest Field Poll, 70% of likely voters favor the 2/3 majority. This includes a majority of Democrats.

I can't imagine that people would be happy if the Legislature passed a tax increase, knowing that it is illegal. It might even cause a Prop 73-type uprising, leading to a real spending cap, as opposed to the Prop 1A sham.


Erroneous arguments (0.00 / 0)
  The problem with arguments like this (and polling questions) is they ignore tradeoffs.  That is, 100% of
Californians would like to pay no taxes.  The tradeoff is, of course, no government, which means a Hobbesian state of nature.  

 When asked (in the abstract) whether a 2/3rds rule is a good thing, people will say yes, because it seems to reign in "uncontrolled" and "wastefule" government spending (of course it is neither, compared to the private sector--look at the various banks).  When asked if the 2/3rds rule should be kept if the result is a level of school funding at the level of Mississippi, they would almost certainly not support the 2/3rds' rule.

 Naturally, in a compaign, both sides would try to make their own argument.  And I agree that, at the moment, the 2/3rds cannot be overturned without (as the Progress Report argument had) offering the people a veto.

 But here's the deal.  Taxes on the top 1%, taxes on corporations, oil severance has overwhelming majorities also (75% to 15% on some of these).  The trade-off here, of
course, is that "businesses/rich people will leave the state".  This is nonsense--oil will stay in the ground and are Hollywood types going to move to Mississippi?  But of course there is a trade-off argument and failure to see it in the case of the 2/3rds for revenue increases is not intelligent.

 As for the constitutionality, the objections seem to be on the "size" of the fee increase (nowhere mentioned in Prop 13) and taxes going up (nothing is said in Prop 13 about taxes going down on some things and going up on other things to balance out)  Furthermore, since taxes can be lowered with a majority vote (but not raised), the mechanism is clearly unconstitutional (violates equal protection, among other things).  It is clear Prop 13 would be tossed by today's court for violating single subject and perhaps revision.  A legal challenge on the revision argument might go a long ways--we now have 30 years of history and it shows that there clearly was a fundamental change in the working of the legislature.  Also, case law from other states (Nevada) shows that other state Supreme Courts find it unconstitutional.


[ Parent ]
talk to the legislative counsel (0.00 / 0)
who has reviewed the fee increase passed by the legislature in December and found it to be perfectly legal.

Polling on 2/3 repeal has flipped around, but clearly has been higher during a crisis, which reflects the exact opposite opinion that you're promulgating.  Namely, that a fee increase would cause a revolt.  Actually, the crisis causes a revolt in precisely the opposite direction.

The reason that polling has flipped around is that the Democratic leadership has refused to advocate for the prime mover problem that has put us in this mess.  Public opinion is NOT firm, not set in stone, and advocacy can make a difference.


[ Parent ]
There are no public opinion polls (0.00 / 0)
that show that the 2/3 rule elimination has majority support/

Yes there are... (0.00 / 0)
The latest Field Poll...

http://www.field.com/fieldpoll...


[ Parent ]
Sorry, I read that wrong (0.00 / 0)
I thought you were saying the opposite.

Regardless, 70% support the current 2/3 requirement.


[ Parent ]
exactly my point (0.00 / 0)
thats a pipe dream to think 2/3 will end

[ Parent ]
There was a majority in Jan 2009 (0.00 / 0)
The January 2009 PPIC poll showed majority support (54%) for lowering the 2/3 rule for budget adoption to 55%.

http://www.ppic.org/content/pu...
Warning: PDF

Public opinion on the 2/3 rules are influenced by daily news on how well, or poorly, things are working in Sacramento.  


[ Parent ]
pretty stable (0.00 / 0)
SUPPORT FOR 2/3.\

When it was on the ballot in 2004 or 2005 the elimination of 2/3 was rejected by more than 65 percent of voters.


[ Parent ]
Times have changed. (0.00 / 0)
Proposition 56 (March 2, 2004) would have allowed budget and tax bills to pass with 55% instead of two-thirds.  It was defeated, 65.7% to 34.3%.  

Things have changed significantly since then.  Voters have five more years of experience with the chaotic budget and tax system.  Support for progressive principles has increased (Kerry 54.4% in 2004; Obama 61.1% in 2008).


[ Parent ]
Field and PPIC (0.00 / 0)
polls disagree with you.


[ Parent ]
Well, no, they don't. (0.00 / 0)
The January 2009 PPIC poll showed 54% in favor of reducing the 2/3 rule to a 55% majority.  The subsequent poll showed support for two-thirds rising again, but bear in mind the difference in the news people were reading at the time of these polls.  At the time of the January poll, there was budget gridlock.  Then Democratic legislators agreed to the Republican extortion, and started issuing statements saying that bipartisan compromise had been achieved -- sending what I and many others believe is a completely false message about the situation in Sacramento.  With that fake message in the papers, support for the 2/3 rules appears to have risen again.

The point is that voter support for the 2/3 rules is highly influenced by what is happening in the news.  And it appears we are heading into a budget crisis that will make the January gridlock appear like a child's birthday party.  

A coordinated effort to defeat the 2/3 rules, with consistent messaging, may well defeat them.  The PPIC poll shows that voters turn against the 2/3 rules when they see them harming the state.


[ Parent ]
classicalfreedom (5.00 / 1)
As a social freedom classical liberal I have this site on my favorites but I'm fiscally very libertarian and appreciate your contrarian posts!

As for 2/3rds going down... not gonna happen.

Many of the posters here take the utopian/progressive view of humanity that in all honesty is quite retarded.  When given an opportunity most will vote for feel good social programs as well as against higher taxes to pay for them.

Human nature is what it is.  Evolution is a slow process after all.  But the progressive habit of robbing Peter to pay Paul only hurts the social justice cause they sek to forward.

If progressives put as much energy into reforming drug laws and fostering inner city small businesses as opposed to taking peoples money and giving it to unions we might have seen some real progress by now.


[ Parent ]
balanced budget amendment (0.00 / 0)
puts a little bit of a check on anti-freedom forces/

 49 out of the 50 states have that/ it was a shame we couldn't get the feds to do that/

But the ultimate winner and the next step is to limit state spending to population growth + inflation.

The unions have failed, the proof is in the pudding/ 8 percent of private sector is union, 38 percent of government/ WHy? Because government has no competition and they can shake down the taxpayer at will


[ Parent ]
Tactics and organizing environment. (0.00 / 0)
Private-sector unionization is lower than public sector largely because the private sector is more likely to deploy illegal union-busting tactics such as firing and intimidation, which are so commonplace in the private sector that many companies treat fines for violating the rights of workers as just another cost of doing business.  Public sector employers are less likely to use these tactics because they know they are answerable to the public in free elections.

[ Parent ]
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