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initiative, referendum, and recall local leaders nannyism regulation

Discrimination, California-Style

How far will a California lawmaker go to try reverse a validly enacted and also very good citizen initiative?

In 1996, California voters passed Proposition 209, the California Civil Rights Initiative, which prohibits the state government from imposing race-based, ethnicity-based, or sex-based preferences.

Prop 209 added a section to the California Constitution stating that the government “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”

In 2020, friends of racial discrimination tried to revive racial preferences through a referendum. But voters shot it down, even though proponents outspent opponents 14 to one.

Now California Assemblyman Corey Jackson wants to revive racial preferences another way. His bill, ACA7, would not touch the language of Proposition 209. But it would empower the governor to make exceptions. What exceptions? Any he wishes, as long as he spews the right rationalizations when he does so.

Law professor Gail Heriot, who has launched a change.org petition to oppose the measure, says that “ACA7’s proponents are hoping that voters will be fooled into thinking that it is just a small exception. In fact, it gives the governor enormous power to nullify Proposition 209.”

ACA7 has passed the House and now goes to the state senate, awaiting the magic of legislative action. Heriot says Californians should let their senators know where they stand on the bill. I don’t disagree.

This is Common Sense. I’m Paul Jacob.


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general freedom regulation too much government

Unlimited Limits

Do politicians understand limits? 

They seem to have this notion that they may limit us every which way . . . with no natural or civilized limit set upon the limits they may impose.

Take California lawmaker Scott Wiener.

This state senator (District 11-D.) has introduced a bill to force carmakers to install a gadget limiting vehicle speed to a maximum of ten miles per hour above the speed limit. The murderous gadget would be installed starting with 2027 car models.

I foresee problems. Hence that word “murderous.” Wouldn’t it be kind of dumb to have to go slower than the traffic all around you if that other traffic consists of pre-2027 vehicles going markedly faster than the speed limit?

Also, mightn’t emergency vehicles often have good reason to zip along faster than this gadget-imposed maximum?

Not to worry. The Hill reports that emergency vehicles would be exempt, “and the California Highway Patrol could authorize the system’s disabling in certain other cases.”

Touble is, any vehicle can, at any time, become an “emergency vehicle” — if an emergency requires it to move faster than the Wiener-imposed limit. Do you then call up the California Highway Patrol and ask that the gadget be disabled? What if you have five seconds to act? That’s not much time to beg the California Highway Patrol to give you control over your own property.

I detect hazards in letting government control every aspect of our lives and every movement we make. Can we put on the brakes, please?

This is Common Sense. I’m Paul Jacob.


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Accountability general freedom

The S-Word in California

Frédéric Bastiat called it “spoliation”; California’s Democratic politicians call it social justice.

A bill went into effect last week, offering complete medical coverage to an estimated 700,000 undocumented — illegal — immigrants.  The price tag? 3.1 billion dollars.

Well, not “price tag”: call it a subsidy tag.

California taxpayers will pay for it. Or perhaps U.S. taxpayers will end up with the bill, as Dagen McDowell insisted on Fox News, prophesying that the program “will turn into a national issue” that will, inevitably, “swamp the federal budget.” 

Ms. McDowell also noted that the state’s targeted sugar daddies, the wealthy, “are going to other states, so much that they’ve lost a congressional seat,” all of which must lead to insolvency.

Indeed, the state is running far into the red — the color of the ink on budget columns, not voting columns. The state faces not merely annual deficits and a huge debt, there is also this looming trillion-dollar debt implied by the unfunded liabilities of the state employee pensions.

There is an old pattern here, which is why I brought up an old author in the first sentence.

First we subsidize the poor. Then we extend the subsidies up the income ladder. Now we give huge subsidies to those who enter the country illegally.

It’s as if Californians have forgotten the nature of income redistribution: you have to have income to redistribute. At some point the wealth being taken from the productive vanishes, as society becomes unproductive and descends into ruin.

There are two meanings of Bastiat’s “spoliation”:

noun
1 the action of ruining or destroying something.
2 the action of taking goods or property from somewhere by illegal or unethical means.

The two are linked. 

This is Common Sense. I’m Paul Jacob.


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free trade & free markets political economy too much government

The Not-Unintended Consequences

When bad outcomes are obvious, we can no longer call them “unintended consequences,” can we?

Take the case of California’s double-barreled attack upon “fast food”: last year’s push through the legislature of Assembly Bill 102 and Assembly Bill 1228. These regulatory schemes would have introduced collective bargaining into fast food franchises and enforced much higher minimum wage rates.

The two laws sparked an industry backlash, in the form of ballot referendums to halt the regulatory onslaught, which Steven Greenhut writes about at Reason. “In September, Gov. Gavin Newsom announced a ‘truce,’” Greenhut explains. “The industry pulled its ballot measure and agreed to a $20 minimum wage. In return, Newsom and unions limited the power of the Fast Food Council and removed joint-liability provisions.”

The concession on hiking the legal wage minimum was agreed to, notice, by the fast food lobbyists. Not the workers. 

As those familiar with elementary economics understand, when the costs of an input (like labor) are increased, alternatives to those inputs will be sought. So we can expect more replacements of workers with automation — as we’ve seen all around the country in fast food, especially at McDonald’s — as well as higher prices.

Which, in a state sporting huge homelessness and unemployment problems, will only hobble the one industry that helps the poorest members of society both in terms of consumer products (inexpensive food) and entry-level jobs (at fast food joints).

Perhaps California’s Democrats know full well what they are doing. They push crazy policies not because the negative outcomes are “unintended” or unforeseeable.

You see, it’s not disastrous for them.

This is Common Sense. I’m Paul Jacob.


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too much government

Fiscal Protector

Why doesn’t California Governor Gavin Newsom care about kids?

What is it with this “conservative”? 

Last week, Newsom coldly deployed his veto pen to deny to Golden State public high school students the sex subsidies — in this case, free condoms — that a solid majority of their state legislators had determined were essential to their healthy development.

Senate Bill 541 would have mandated that all public schools make condoms available free to all students, grades nine through twelve. According to an Associated Press report, the legislation would also “have made it illegal for retailers to refuse to sell condoms to youth.” 

The bill’s author, State Sen. Caroline Menjivar, a Los Angeles Democrat, contends the legislation is needed to help “youth who decide to become sexually active to protect themselves and their partners from (sexually transmitted infections), while also removing barriers that potentially shame them and lead to unsafe sex.”

Newsom agreed that free condoms, even if not yet recognized as a fundamental human right, are “important to supporting improved adolescent sexual health.”

His problem? Condoms cost too much. 

“With our state facing continuing economic risk and revenue uncertainty,” explained the governor, “it is important to remain disciplined when considering bills with significant fiscal implications.”

Seems California is already running a $30 billion deficit. Becoming the condom supplier of first resort for 1.9 million hormone-infused students each year would annually add a few million more to that deficit.

Ah, California . . . where Gavin Newsom is the voice of fiscal restraint. 

This is Common Sense. I’m Paul Jacob. 


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crime and punishment folly too much government

The California Experiment

California is determined to give us the full bleak picture of totalitarianism, American-style.

Anticipating proposed SEC regulations, Newsom’s California is set to impose nonsensical mandates for reporting greenhouse gas emissions and “climate-related financial risk” that target companies with annual revenue of $1 billion or more (according to the terms of SB253) and $500 million or more (SB261).

Billion-dollar businesses will have to report all direct and indirect emissions, including emissions produced throughout a business’s supply chain. Business travel. Employee commutes. Penalties for failure to report could be as high as $500,000.

The cost is in time, money, privacy, freedom, with no benefits except to bureaucrats and politicians who enjoy bossing us around and destroying our ability to function.

These requirements are tyrannical in the same way they’d be tyrannical if required of you and me as individuals. 

Do you know all about the emissions produced in delivering the water, electricity, electronics, gas, paper you use each month? 

Care to drop everything you’re doing to find out? 

And submit the data in a bureaucrat-satisfying format?

We already know what the results of California’s experiment will be. We already know that crushing freedom and giving unfettered power to slave-masters is not the road to wealth and happiness.

What we don’t know is exactly how far the Tarnished State’s aspiring totalitarians will go. But whatever the consequences, they’ll blame others . . . or just mutter “Good riddance, we didn’t want that prosperity and those evil businesses anyway.”

This is Common Sense. I’m Paul Jacob.


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