California closer to rewriting its Constitution

SACRAMENTO
October 29, 2009 12:03am

It’s still a while away if it happens, but when you’ve waited 130 years, a few more may be unimportant.

But the backers of an effort to rewrite the state Constitution, first adopted 130 years ago, say they are getting closer to putting the idea on the ballot.

A group calling itself “Repair California,” largely backed by the pro-business Bay Area Council, has submitted to the Attorney General proposed ballot language to call the first constitutional convention in California in more than 130 years.

If approved for signature gathering and then if more than 1.2 million valid signatures are gathered, the two companion measures would be on the ballot.

They would call a limited convention to consider changes only to the state’s governance system, says the group. In a first-of-its-kind approach, the proposed convention would gather 240 everyday Californians – three per Assembly District – four delegates from federally recognized Indian tribes, and approximately 221 delegates appointed by local government leaders from cities, counties and school districts to consider reforms.

The convention would be specifically prohibited from proposing tax increases or from considering changes to social issues such as marriage, abortion, gambling, affirmative action, freedom of the press, freedom of religion, immigration, or the death penalty, say supporters.

Voters would decide on calling the convention on the November 2010 ballot, if all goes according to plan.

The convention would be held in 2011 and its proposed reforms would require voter approval in one of the three scheduled statewide elections in 2012.

“California has become the laughing stock of the country, but the damage our state government is causing to our education system, prisons, water, budgeting, local governments and economy isn’t funny, it’s tragic,” says Jim Wunderman, president and CEO of the Bay Area Council and a member of Repair California.

“There has to be a better way, and as we look at 49 other states we realize that there can be a better way. Since the legislature is unable to act and our initiative system has been hijacked, the only way to reform our state is through a constitutional convention,” he says.

Comments on this story

Paul Currier 10/29/09 12:08 PM (paulcurrier@me.com)
Let's get our facts straight first. Any Constitutional Initiative set before the voters in November of 2010 only requires slightly under 700,000 signatures to qualify for the Ballot, not the 1.2 million stated above. When facts like these are incorrect, the rest of the work as published is suspect. There is a snow job going on regarding these two Initiatives. The topics that get fogged up, are first the proposed limited-scope of the Convention, and secondly the proposed selection of delegates. Why are these not clear? Because the language is clearly a move by the Minority Republican Party to stage a takeover of California's Public Trusts by the elimination of those pesky Majority Party Voters from the equation. Democratic Republics present a problem if any group seeks to take over. That problem is the voters. Remember us? We are the third rail in politics. We pay taxes and we vote. Limited scope means there are only four areas the proposed Convention may address. But what falls under the concept of Government Effectiveness? Is that where we loose our Rights for Effective Government? There will be no changes to our taxes re: Prop 13 is the ruse. But the Convention may address Taxation, Revenues, and Budgets. Hemmm? Does this smell to anyone else? What does a lawyer mean when they talk of "all issues of Governance" may be addressed? In court, a Judge would state that the words are over-broad and vague. Purposefully so? Do you think? When Big Business says they will spend $50 million to $150 Million to get this passed, you have to ask yourself, what will be left over for the small business people and the rank and file employees that make the engines of prosperity run? I sense this is a move by Big Business to privatize our commonwealth. Read privatize all the public schools so they are not on the budgets of government. Read privatize all our freeways so we all have to pay for the use of our new State Toll roads. Read privatize our Public Parks and Public Utilities. Is this what we want for our California? Corporations function for private profits not public interests. Government is a public interest. Public Interests and Private Interests must co-exist in a balance for both to thrive. 100% Private Interest - is fascism. 100% Public Interest is Communism. I oppose Corporations drafting a limited scope Constitution for the rest of us. Selection of Delegates. Selection. What happened to elections in America? This proposition removes the people from the process and promotes government creating government, all for the sake of Big Business. What about the people? What about the small businesses? What about freedom, liberty and justice for all? This is nothing but a pure power grab by the very few for the sake of the mega wealthy. If we are to have a California Constitutional Convention (CCC), lets include everyone and keep the participation to the elected representatives of the people. Let's not allow government to select the delegates, and lets not limit the scope. That way, we can achieve a government by the people, of the people, and for the people. That way we can totally re-frame our State and remove all that does not work - Prisons before Schools, Corporations before Citizens, and Lobbyists before Constituents.