Hiram Johnson

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.