This paper will seek to address some of the critical issues which are faced by the legislative body in California due to many issues which were raised in “California’s Wild Ride: A very different kind of Governor”. It analyzed some of the basic inherent issues which were being faced and what could be the possible solutions in such cases. As all are aware, the current Governor of California is a man who is more known for his on-screen activity rather than for his Political mileage and yet his success in the recent elections illustrates a new era in Californian governance.
However, it remains to be seen that whether this form of governance will truly bring forth the desired results or is it more of a campaign strongly relying on the charisma of one individual.
According to the author of the aforementioned book, the issue lies with the lack of a proper leadership which would seek to revolutionize the current form of constitutional order by indulging in some of the following activities; amending the legislative constitution which would allow the majority of those voting on it to approve the concerned issue allowing greater efficiency in achieving desired results.
Amongst other desired changes by the author included an initiative constitutional amendment, creating a constitutional convention, a constitutional review commission, and as a last resort; the author proposes splitting the state itself.
The rationale behind having amendments initiatives and review commissions is the flexibility with which the Californian constitution can be changed. However, whether these changes can be met by the success desired will depend on a number of factors. Such as the issues which could be initiated, the sort of flexibility that the government would want before consistent amendments would make its governance an issue of mockery.
The issue of making the basic laws more difficult to amend was proposed in this chapter as by allowing such flexibility in the ability to amend laws; the government will become an ineffectual body unable to implement plans without being disrupted by the “Constitutional changes”. This chapter brought forward a noteworthy suggestion that allowed the notion of changes being initiated by the general voting body rather than through the general or primary ballots.
In the second chapter, the author portrayed the picture of California’s progression and how it evolved over time through the implementation of different transport lines which allowed California to gain prominence as one of the more developed states. The emergence of the Big Four resulted in creating a political order through which votes were sold rather than earned.
It was after the economic fiasco that progression was introduced and sought to eliminate all aspects of the Southern party. A whole new democratic regime was introduced which focused on the progression of California and hence, women were allowed to vote etc. This revolution brought about several changes and it resulted in a form of governance that was focused on the people more than on building private fortunes as had been in the case of the former exploitative politicians.
Joseph Grodin’s paper” Amending the revising the Constitution” brought forward certain important issues discussing issues relating to the marriage between a man and woman and its redefinition. This has been met by severe criticism due to the issue of conservatism being opposed by liberalism and its lasting impact on the political structure of California.
The issue before the current legal bodies is much more complex due to the fact that it could result in questioning the basic definitions of certain rights and whether they define all basic rights or as prescribed by the legal body at the time. Hence, creating legal complexity and furor especially in the case of the word of inalienable which by itself has become an issue of debate.
The attorney-general has been moved to defend his position in a case that ought to be above individual initiatives and from what can be ascertained, the Californian constitution has become a cause for too many reformations and changes. It is way past time that change introduction is limited and initiatives are restricted on certain grounds as well to not allow certain interests to be safeguarded against the wishes of a majority body.
Another paper that was reviewed for the purposes of research was that of Peter Hach’s” Readings Regarding the Court and Proposition Eight” in which an attorney general challenged the ruling of the court and Proposition in order to stand up for the rights of the gay minorities. This move was greatly praised by all those who were in the favor of such progressive changes and sought this move as a proud moment in the history of progress.
In conclusion, it can be said that the ability to bring such initiatives on board allows individuals to challenge certain propositions which cripple individualistic freedom. From what can be seen and understood, California is certainly a state which has been behest by a number of challenges due to this initiative policy. Certain limitations need to be introduced while at the same safeguarding the interests of the people.
References
Hech, P(2009)” Readings Regarding the Court and Prop. 8″
McFadden v. Jordan, (1949) 32 Cal. 2d 330.
Grodin, “The California Supreme Court and State Constitutional Rights—The Early Years,” 31 Hastings Constitutional Law Quarterly 141 (2004).
“California’s Wild Ride”A very different kind of Governor”.