With state government in Sacramento seemingly frozen in place, a group of California leaders formed RepairCalifornia.org to propose a constitutional convention as a way to address the state's deeply entrenched structural problems.
"Are you ready to put on your white wigs?" That
is a question I have been posing lately to many everyday Californians, as the
Golden State considers if a constitutional convention composed of regular folks
might hold the solution to California's ongoing political and budgetary woes.
California used to be known as a place of innovation and
forward-thinking policy, but today it is known as a state that issues IOUs to
pay its bills. With state government in Sacramento seemingly frozen in place, a
group of California leaders formed RepairCalifornia.org to propose a
constitutional convention as a way to address the state's deeply entrenched
structural problems.
But this would be no ordinary convention. Approximately
60 percent of the 500 or so participants would be "citizen
delegates," everyday people who have been scientifically selected to
convene a broad cross-section of California. The other 40 percent would be
delegates appointed by local government officials. This innovative hybrid would
attempt to bring together into the same room both the expertise of those with
policy knowledge and political experience as well as the values of regular
people who are not concerned about their political careers or partisanship, but
instead can focus on what's good for their state.
Over two dozen "town hall" meetings have been
held throughout California with each event filled to capacity with hundreds of
Californians concerned about the future. When I have asked them, "How many
of you think YOU would be a good delegate to the convention?" typically 90
percent of the hands in the room shoot up. While Californians have lost faith
in their government and their elected leaders, opinion polls consistently show
that Californians trust themselves more than they trust the
"experts." Thus, this kind of People's Convention could be
well-suited to California's culture that has relied for decades -- often to its
detriment -- on popular referendums and initiatives.
The California state constitution is the third longest
constitution in the world, having been amended over 500 times. Many of the
amendments have come as a result of an initiative process that has been
captured by big-money interests that can buy their way onto the California
ballot with their pet project. This has happened over and over in California, to
the point where the constitution has become a disjointed hodgepodge with things
like golf courses, gill net fishing and other unconstitutional matters embedded
into the Constitution. Some of the previous amendments have dedicated state
revenues for funding pet projects to the point where they have tied the hands
of the legislature to craft a sensible budget. This in turn has led to a
structural deficit where California spends more money than it takes in.
Repair California, the umbrella group that is spearheading
this effort, is led by the Bay Area Council which represents 275 of the largest
employers in the Bay Area, including Google, Oracle, HP and many others. Other
organizations who have endorsed a constitutional convention include Common
Cause, the Los Angeles Times and other local newspapers. The convention would
be a "limited" one, with a mandate narrowly tailored to those parts
of the Constitution that deal with the structure of government.
The four areas in which the delegates would be empowered
to propose reforms would be in governance, elections (including the initiative
and referendum process), budgetary and revenue rules, and the relationship
between local and state government in terms of revenue sharing. Social policies
and potential wedge issues such as gay marriage, gun control and education
would be off the table. Proposition 13, the law passed by voters in 1978 that
reconfigured property tax laws, would dance around the edges of the convention,
which would be allowed to propose changes but not to legislate any tax
increases. The convention is not designed to be a parallel legislature, but
rather to update and modernize the rules that define government and its powers
in California.
If California voters approve of a ballot measure that
will be on the November 2010 ballot to call the convention, the convention will
meet beginning in the spring of 2011 for approximately eight months. The delegates would be paid for their
participation, and would hear from experts from all political sides. The convention also would hold a dozen public
hearings throughout the state, as well as use all of the modern technologies
available today -- the Internet, e-mail, live webcasting, instant polling and
more -- to engage Californians and bring them into the conversation. Utilizing these techniques, California could
mount a constitutional convention the likes of which has never been seen. It
has the potential to stimulate a badly needed civic dialogue that has been
missing not only in California but all across the United States. The convention would have the power to place
their proposals directly on the November 2012 ballot, where their fellow
Californians would vote up or down on the proposed reforms.
While opinion polls show that Californians very much
support reform and want change, nevertheless many previous efforts at political
reform have failed. Initiatives have
been voted down in recent years to extend term limits, enact a "top two"
primary, public financing of campaigns, election day registration and other
reforms. Only recently did Californians barely approve a measure to create an
independent redistricting commission, after numerous attempts. What is clear is that Californians often
don't trust the proposers of reform, especially when the Legislature puts a
measure on the ballot. The Legislature
has little credibility at this point, nor do others who are perceived as
political insiders or even so-called experts.
That's why a constitutional convention composed mostly of
everyday Californians is being viewed as crucial to success. The convention itself in essence would be an
ongoing focus group in which the proposals and reforms would be vetted by a
large pool of people who would be just like the voters who eventually will
decide whether to enact the proposals of the convention. There have been
numerous examples in the United States and abroad showing that the
citizen-as-delegate model has worked well in a range of circumstances.
For example, in post-Katrina New Orleans, 4,000 citizen
delegates scattered in 21 cities were simultaneously convened to decide how to
spend scarce rebuilding dollars after federal and state authorities grossly
mismanaged the recovery. In California and other states, citizen delegates have
been used in a range of forums involving hundreds of people to advance
solutions to contentious issues such as tax reform, health care, housing and
regional development. The delegates are provided with professional staff and
facilitators, and undergo a thorough education process, hearing from a range of
experts about the problems and potential solutions. By the end, the delegates
themselves have become experts.
Says Steve Rosell, a deliberative democracy practitioner
from San Diego-based Viewpoint Learning, "Many people enter these events with
strongly held political beliefs, but usually they are far more interested in
finding workable solutions than in adhering to a particular ideology. As a result participants' conclusions often
have a common-sense, practical quality."
This aspect of citizen delegates -- a focus on what works
instead of ideology, partisanship or career self-interest -- is exactly what
California needs. With California grappling with a crisis of historic
proportions, many people feel it is time to draw upon the genius of what has
always been the Golden State's greatest resource -- Californians
themselves.
If the convention works in California, it may initiate a
wave that could sweep the country. Inspired in part by California, already Rudy
Giuliani has called for a constitutional convention to be held in New York. So
as you ride the bus or freeway to work tomorrow, ask yourself: Can the person
seated next to me, or driving past me, be trusted with the job of redesigning
the basic political and budgetary rules?
Are everyday Californians ready to don the white powdered
wigs to become the Founding Mothers and Fathers of a new California?
Please log in below through Disqus, Twitter or Facebook to participate in the conversation. Your email address, which is required for a Disqus account, will not be publicly displayed. If you sign in with Twitter or Facebook, you have the option of publishing your comments in those streams as well.
Your tax-deductible gift will help bring promising new voices and ideas into our nation's discourse, and help shape the future of vital public policies.
Join the Conversation
Please log in below through Disqus, Twitter or Facebook to participate in the conversation. Your email address, which is required for a Disqus account, will not be publicly displayed. If you sign in with Twitter or Facebook, you have the option of publishing your comments in those streams as well.