About this Blog
Direct democracy -- the Switzerland-inspired system of initiatives, referenda and recalls that allows voters to make and repeal laws in 24 states -- is poorly understood. It isn’t even very direct. Direct democracy has become blockbuster democracy: a half-billion-dollar international industry of signature gatherers, consultants, and election lawyers who use ballot measures less as a method of making law and more as a tool of mega-communications to boost some politicians, hurt others, and supplement lobbying campaigns.
Blockbuster democracy is a decentralized business that practices wide-open politics. This blog aims to provide a center of news, analysis and conversation for and about the industry. We will report from blockbuster democracy’s capital -- California -- but we’ll monitor ballot measures from across the country and around the globe.
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What Reason Do You Need for a Recall?
In California, you need to state some reason in your recall petition, but there's no rule governing what those reasons must be. Supporters of State Sen. Jeff Denham, who faces a recall vote June 3, have argued that he shouldn't be recalled because he's not guilty of criminality or public official corruption. A Denham radio ad says: "When a public official is guilty of malfeasance or criminal conduct in office, the California constitution provides for the right to recall."
Wrong. There's no constitutional standard. And this is not a small point. In his successful 1911 campaign to convince California voters to amend the state constitution to include the recall (along with the referendum and initiative), Gov. Hiram Johnson was criticized again and again on this very provision of his recall proposal by, among others, then-U.S. President Taft. They were worried that a recall with no standard would be used to remove judges who made unpopular decisions. In 2005, I reviewed Johnson's gubernatorial papers, on file at the Bancroft Library at Berkeley, and his response to this criticism was fierce, unrelenting and often profane. Essentially, he would say, "What part of 'the people are absolutely sovereign' don't these guys understand?" In Johnson's defense, the recall has been rarely used against judges, or legislators. Only four have ever been recalled. And this is the first legislative recall vote in 13 years.
Here, by the way, is Denham's latest TV ad.
recalls
While it is legal for a recall to be based on any reason or no reason, it would be a good idea for people to self-limit their use of it to actual cases of malfeasance and criminality. Turning it into just another tool of partisan warfare would potentially subject all officeholders to repeated balloting (at 6 month intervals) on whether they can complete their terms. We already have terms and term limits. Elected officials already spend way too much time raising money for reelection. Multiplying elections on top of that would be madness (in the absence of a true emergency).
A Strong Point
A strong point on recalls, and I'm sympathetic to it. The trouble is that Hiram Johnson and the folks who gave California direct democracy, including the recall, came out of a time of intense political warfare -- partisan warfare and every other kind. They assumed there would be warfare. (Johnson became famous as a lawyer during the San Francisco graft trials, when he took over for the lead prosecutor who had been shot in the head, in open court, during the middle of a trial). The California Progressives would respond to a comment like that by saying that to rail against political warfare is to howl at the moon. Joe Mathews Irvine senior fellow, New America Foundation www.newamerica.net/blog/blockbuster-democracy/
Reasons for recall
I think Denham is not at all in reality the person as he presented himself when he was running. He's not a moderate and he voted lockstep with Republicans and many issues but worst was the budget last year. The people were screaming that they wanted it signed as it was in July yet he had no problem holding it up. For those of you who don't see the big deal it certainly was a big deal for the poor, disabled, blind, foster kids and so forth that had their money held up for months. Even worse, he went along with garbage like giving a tax break to YACHT OWNERS - this one means if you big a 10 million dollar yacht & take it out of the state for 30 days, you owe ZERO sales tax. I paid tax on my damn used car for grief's sake. In the meanwhile he agreed with his heartless jerk Republican friends who decided that while the yacht guys could go party, those same blind and disabled Californians would do just fine to get no cost of living increase for at least 6 months. Gas and utilities were going through the roof but that's ok, let the blind woman sit in the dark - she can't see anyway, right, haha.
Plus that liar Denham bragged how he never took raises like those greedy Democrats. LIAR. He took them later when he figured it would go under the radar. Lastly, Gray Davis was recalled supposedly because he was ruining the state financially. Wow, Arnold has done a MUCH better job, right? Not to mention that freak in the White House Arnold campaigned for.
The only problem I have with the Denham recall is they aren't taking the rest of the Republican pigs out TOO!!!!
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