Popular sovereignty and direct legislation in California - PowerPoint Presentation

Slide1

Popular sovereignty and direct legislation in CaliforniaDavid A. Carrillo

2018

Korea conferenceSlide2

overviewPopular sovereignty in general.

What it means in the US and in California.

Distinguish between people (popular sovereignty) and electorate (direct democracy).

Compare the people’s and electorate’s powers.

California’s republican government successfully integrates direct democracy with representatives in a popular sovereignty system.Slide3

What is sovereignty?Sovereignty is “the state itself,” the power of “[s]

upreme

dominion, authority, or rule,” and it describes the “supreme political authority of an independent state.” It is the ultimate power to rule.

Can exist in levels: one sovereign can be superior to another inferior sovereign that in turn can rule over those below it.

Sovereignty can also be shared, or divided, so that two actors must combine their powers to act as the sovereign.Slide4

Two sovereignsUnited States has two separate sovereigns.

The people are not sovereign: states and federal government are.

Under the U.S. Constitution the states retain a residuary and inviolable sovereignty, so that both the federal government and the states wield sovereign powers, which is why our system of government is said to be one of dual sovereignty.Slide5

california

California, while being one of the United States, still remains a sovereign state.

Sovereignty is the supreme political power that governs the society that constitutes the state.

Within the state of California the people are sovereign.

California constitution article 2, section 2: “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.”Slide6

“People” and “electorate”The California constitution distinguishes between two powers.

The greater political power of the people, and the lesser legislative powers of the electorate.

Only “the people” (not the electorate) are sovereign and may revise the state government. The people’s power is their ability to collectively create or reform a government. This is the ultimate political power characteristic of the sovereign.Slide7

The PeopleThe people have the whole political power of the society.

The people are the state electorate and the state legislature acting together.

The people’s power is their ability to create or reform a government, which is the “political power.”

The people can remake the state government by either enacting a revised constitution or calling a convention to write a new constitution.

The entire sovereignty of the people is represented in a convention. The people’s organic power of formation or reformation lies in the convention or revision act : “The character and extent of a constitution that may be framed by that body is freed from any limitations other than those contained in the constitution of the United States.”Slide8

The electorateThe electorate holds only limited powers as compared with the people.

The electorate is all California citizens who can vote.

The post-1911 California constitution divides the state’s legislative power between the electorate and the elected legislature.

The electorate has four powers it can exercise alone: initiative statutes, initiative constitutional amendments, the referendum, and the recall.Slide9

EvolutionHow California’s direct democracy provisions evolved

1849–1911: No direct democracy

1911: Direct democracy is added to the state constitution

Voters approved legislature’s ballot proposals amending the constitution

Direct democracy tools unchanged since then

California has about 105 years of experience with direct democracySlide10

analysisJust as within the United States sovereignty is divided in two, within California two actors are necessary to exercise the state’s full political power.

Acts of great significance that would change California’s basic government plan require the people’s full power: the legislature and electorate acting together.

Ordinary legislative acts are within the power of either the legislature or the electorate acting alone.Slide11

EvolutionCalifornia’s four direct democracy tools described

Initiative constitutional amendment

Initiative statute

Referendum

RecallSlide12

In practiceInitiative constitutional amendments make up just 12 percent of the total ballot measures amending the constitution since 1912.

The great majority are legislatively-proposed.

The people (legislature and electorate) have exercised their power to revise California’s constitution.

1849 and 1878 conventions

Four constitution revision commissions (1930, 1947, 1962, and 1993)

Resulted in 15 revisions to the state constitutionSlide13

effectsPopular sovereignty keeps ultimate control where it belongs:

with the people

.

Ultimate trust must be placed somewhere, and because government exists for their benefit, that burden should be on the people.

Direct democracy is a

mixed blessing

:

It increases participation and makes government more responsive.

But it can also make government less efficient and effective.

These are a

net social good

:

Check the institutional branches of government.

Encourage citizen participation in policy debates and governance.

Permit ongoing adjustment of government

–

people relationship.Slide14

Mitigating harm

Designed

structural checks

are essential

Judicial review (using a separation-of-powers analysis to account for the electorate’s legislative powers).

The future electorate’s power to reverse past acts.

These provide

adequate safeguards

But they do not eliminate the risk of aberrant acts. As with any branch of government, that risk is inherent.Slide15

conclusionCalifornia has 105 years of experience with constitutional change by people and electorate.

California’s electorate may someday “break” the state, but to date that has not happened.

Instead, while the electorate sometimes creates problems for itself, the electorate more commonly uses the initiative to solve major institutional problems.

Further

diffusing power by adding the electorate as a legislative branch in California better protects liberty.