Last November, many California
voters went to the polls and chose a state senator
for themselves and nearly 900,000 of their closest
neighbors. In practical terms, this meant
working-class Californians living in small, rural,
mountainous towns near the Oregon border are represented
by the same person advocating on behalf of voters
living in wealthy Sacramento suburbs. Can this one legislator
truly be accountable to the needs and interests of
hundreds of thousands of people living in such disparate
circumstances?
Of course not. California's legislative districts are too
big and their unwieldy proportions seriously obscure the
real diversity in California's lifestyles and politics.
When America's founders devised our republic, they
envisioned districts that each contained around 30,000
people. There was no magic to this number. Even the
architect of the U.S. Constitution, James Madison, recognized
the hopelessness of imposing science on such schemes.
He recommended only that legislative districts should be
neither too big nor too small. He also assumed they would
be "augmented from time to time."
California, however, has not augmented the number
of representatives in its Legislature since 1879, when its total population was about 1 million. Now, a single state
Senate district contains nearly this number.
California has the largest legislative districts in America.
The state's 80 Assembly districts each average a whopping
423,000 people. And there are twice as many constituents
in each of the state's 40 Senate districts. By comparison,
lower house districts in other states range from 3,000
people in New Hampshire to 139,012 people in Texas.
California's upper house districts, by population size,
are nearly seven times the national average. If California's
Senate districts matched just the large-state average, its
Senate would have 94 members instead of 40.
Further, while no state compares to California in
population size, the populations of Texas and Florida
combined are a rough equivalent. The Legislatures in those
states contain 341 members; nearly triple the 120 serving
in California. Citizens in Illinois, Pennsylvania and Ohio
-- again, a combined population approximately equal to
California -- are represented by 562 state legislators. In
fact, if you tally up the 21 smallest states, the number of
residents is roughly equal to California's population. Residents
of those states, however, are represented by a combined
total of more than 3,000 state legislators.
California's super-sized districts are not just harmless
mathematical curiosities; they contribute to political alienation,
a fatal condition for representative government.
Voter turnout has been on the decline for the past 40 years,
and polls show three-quarters of Californians think the
state Legislature is doing a fair or poor job when it comes
to working for the "best interests of people like you." The
gap between representative and represented is dangerously
wide in California, which limits the authority and
vision of officeholders and causes voters to turn to ballot
box policymaking or disengage all together.
The idea of curing California's political ills by decreasing
the size of legislative districts inevitably elicits howls
from political insiders. They know smaller districts mean
more legislators in
Sacramento. The objection
is obvious:
How will more politicians
solve our problems?
But Madison anticipated
the need for
such adjustments
more than 200 years
ago. The performance
of the California Legislature
today affirms
his predictions. "Too
big" legislatures, he
noted, will succumb
to confusion and the
"intemperance of a
multitude." With a
"too small" Legislature,
Madison warned
of a lack of diversity in
policy discussions and
the ease of "combination
for improper purposes."
California's Legislature clearly exhibits the symptoms
of a governing body that is too small, both in its lack of
diversity in policy discussions and the so-called ease of
combination for improper purposes. In other words, purposes
that put special interests over the public's interest.
Only two voices count in the California Legislature:
Republican and Democrat. This is outrageously narrow
representation in a state where nearly 21 percent of the
population declines party affiliation. Further, there's little
diversity of opinion even within party ranks. In 2003, 21 of
25 Senate Democrats voted with labor unions over 90
percent of the time. All 15 Senate Republicans, on the other
hand, unanimously backed 100 percent of the legislative
positions of the California Taxpayers' Association, an antitax
group, in 2004. How's that for diversity?
As for the "ease of combination for improper purposes,"
examples of this kind of malady are common in
Sacramento. One example is the disastrous vote in 1996 to
deregulate the state's energy market. Key stakeholder groups
and a small group of legislators quietly crafted the bill,
then passed it through the Legislature without a single
"no" vote. The subsequent energy crisis jeopardized the
state's business climate, bankrupted its public utilities, sent
electricity bills soaring and, eight years later, is still unresolved.
If the Legislature contained a greater quantity and
diversity of voices, it is logical to assume the chances of
heading off this foreseeable crisis would be greatly improved.
As it is California's Legislature is clearly not working as
it is currently structured; so, what size should the Legislature
and its districts become?
California is far too big to accommodate districts
approaching the national average. Even matching Texas, with the nation's second largest districts, would more than
triple the size of the California Assembly to about 252 seats.
Some have suggested merging the Legislature's two
chambers into one body of 120 districts in a unicameral
arrangement. This option has the benefit of decreasing the
size of districts without changing the size of the Legislature.
Bills would also pass more efficiently because they would
only go through one chamber and one set of committees.
Unicameralism, however, was rejected by the state
Constitution Revision Commission about a decade ago for
reasons no less relevant now. Bicameralism is critical to
maintaining checks and balances.
The best design for the California Legislature would be
to retain the bicameral structure while reasserting the
original conception of the two chambers. Let the Senate be
the smaller, deliberative body, and the Assembly be the
larger house, where the passions and will of the people are
expressed. This means Assembly districts should be as
small as possible and Assembly seats most susceptible to
challenge and competition. Senators, on the other hand,
must be able to withstand unpopular votes, which means
they need larger districts and longer terms. These conditions
can be met by expanding the ratio of senators to
Assembly members from the current 1-to-2 distribution to
a 1-to-3 relationship.
Under this model, for example, the Assembly might
have 150 members representing 233,000 persons each,
while the Senate would have 50 members, representing
700,000 persons each. These dimensions are consistent
with the recommendations of a 1970s study of state legislatures
by the non-partisan Citizens Conference on State
Legislatures.
So, what do citizens get from this design? A lot. For
starters, citizens will have better access to legislators who
are more interested in their concerns. A lawmaker representing
urban, suburban and rural communities is forced
to consider a myriad of often conflicting needs for schools,
health care, public safety and other services. Many interests
are left out without ever being heard in the Legislature.
A lawmaker focused on a more concentrated population
can be a better advocate.
Smaller districts will also improve the representation
of moderate and third party voters. Independent candidates
have a greater chance of winning a smaller district,
and independent voters are more likely to be heard in a
district where they make up a greater share of the electorate.
More citizens will be able to take part in government,
too -- both because there will be more seats available and
because campaign costs will be more manageable. Campaign
costs in California's Senate districts currently hover
around $600,000. By comparison, the average campaign
in a Massachusetts' state Senate district -- containing
around 160,000 people -- costs about $120,000.
Inside the Capitol, smaller districts would also cause
dramatic change. Lobbyists and special interests would
lose power since they would be forced to persuade more
lawmakers with closer ties to their voters. Leadership power,
diminished by the restrictions of term limits, may also grow
as the voice of each individual lawmaker assumes a smaller
share of the total body.
With more eyes watching and questioning government
decisions, Californians could also expect better oversight
and higher quality legislation. As president Woodrow
Wilson noted "... it is not far from the truth to say that
Congress in session is Congress on public exhibition, whilst
Congress in committee rooms is Congress at work." The
same can be said of the state Legislature. The real work
occurs in committees where legislators develop bills, study
issues and make law.
Yet, committees produce good policy only when legislators
have the time to become experts in the issues or there
are many hands to manage the workload. Prior to term
limits, committee members had years to gain expertise.
Since term limits, however, studies have shown a drop in
work quality. Most legislators now have a broad, but
usually shallow, understanding of policy. A larger Legislature
will mean more people to do the people's business,
mitigating one negative impact of term limits.
In recent decades, Californians have adopted increasingly
stringent political reforms in an effort to curtail
corruption and increase accountability in government.
But even after dramatic changes, such as term limits and
budget mandates for taxes and schools, polls indicate that
confidence in California government continues a dangerous
decline.
With frustration growing, voters may be ready to
consider even more aggressive change.
A recent opinion poll found most voters don't think
smaller districts will make a difference, but 40 percent
believe they would be "better represented."
Ultimately, Californians cannot manage the direct
democracy our state is fast becoming. Californians must
restore their trust in government and turn over the vast
majority of policy decisions to elected representatives.
It is time to think creatively and boldly about new
designs for a government that will reflect the new generation
of California's diversity of ideas. The changes must
make our representatives more accountable to voters and
reflective of their ideas. That is only possible when the
governed are closer to their government.
Copyright 2005, California Journal
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