Constitutional Convention Has Momentum

Joe Mathews — Sat, 20 Sep 2008 16:57:00 -0400

I visited yesterday afternoon with Jim Wunderman and othe rstaff and consultants of the Bay Area Council, the San Francisco-based organization that is pushing a state constitutional convention. I'll write at more length later, but the two main things I learned is 1. The process is still early, and even Wunderman, the strongest advocate for this idea, doesn't have a clear idea of how such a convention would be called and how it might work. 2. The convention idea has real momentum. Wunderman has been deluged with expressions of interest from across the political spectrum. And if he and his lawyers (Hanson Bridgett is providing legal advice) can figur eout the mechanics of this quickly and file a measure, he wantsan initiative to call a constitutional convention to appear on next year's special election ballot.

As evidence of that interest, Schwarzenegger gave a shout-out to the convention idea, without specifically endorsing it, in his budget press conference yesterday. Here's the paragraph in question, from the official transcript released by the governor's office:

"Each time we go through something like this that we have just gone through, it's important that we reevaluate everything. And so I think some people say we should have a constitutional convention and all kinds of different ideas are being thrown around. We know that the system itself is not working, that it's flawed and therefore we should revisit it and come up with ways so that we can speed up this process and that when we say that there should be a budget, a balanced budget by June 15th, that there is one, because I think that that says a lot for our state and for the financial community and Wall Street and all, when we are fiscally responsible."

A California Constitutional Convention?

Joe Mathews — Mon, 25 Aug 2008 19:09:00 -0400

'All political power is inherent in the people. Government is instituted for their protection, security and benefit, and they have the right to alter or reform it when the public good may require." Article II, Section 1, of the Constitution of California.

Jim Wunderman of the Bay Area Council suggested last week that California convene a constitutional convention to look at its entire system of government. Joel Fox at Fox & Hounds Daily is skeptical. It certainly is an interesting idea. I could see Gov. Schwarzenegger, who has reached his "throw up his hands" moment, back such a convention. Emails and memos I turned up in reporting for my book, The People's Machine, show that Schwarzenegger's aides and political advisors discussed just such an idea -- albeit not too seriously and not at length -- in 2004.

A convention might provide a method to take on many of the untouchable subjects of California politics. Wunderman mentions the two-thirds requirements for passing a budget (a fact of California life since the 1930s) and for raising taxes (a provision of Prop 13, passed in 1978). But any constitutional review needs to be bigger, and think about the state government as a whole. The entire structure of the state, which was largely put in place, should be re-examined. Does the state's system of boards and commissions really serve as a check on the government and the professions? What might be a better design? How about local governments? Should counties and cities play the roles they currently play? And what of the state's system of funding education and higher education? Is the state's legislature set up correctly, with just 120 lawmakers representing more than 36 million Californians? (For example, a California state senator -- there are 40 -- represents more people than a California congressman -- there are 53). And what about the initiative process? Could it be improved? (And as a point of personal privilege, we might rethink the location of the capital.)

It may be time for California to start over. The state's constitution runs to 157 pages. At the very least, it could use some editing.