Wednesday, September 07, 2005

Undermining The Fundamentals Of Representative Democracy Since 2003

So, Governor Dodgenegger issued the following statement regarding AB 849:

Statement by Gubernatorial Press Secretary Margita Thompson on AB 849

Gubernatorial Press Secretary Margita Thompson today issued the following statement regarding the Legislature's passage of AB 849:

"The people spoke when they passed Proposition 22. The issue subsequently went to the courts. The Governor believes the courts are the correct venue for this decision to be made. He will uphold whatever decision the court renders."
I wonder if Schwarzenegger has ever noticed that most of the time it's the courts who stay decisions on issues until the legislature acts, or refuse to make law in an area by punting the issue back to the branch of government responsible for, you know, like, making the law.

The people did "speak," but technically, they only spoke statutorily. A statute, you may have learned in school, is what the legislature usually makes but here in California, people are allowed to make them too. That means the voice of the legislature is equal and able to override voter-enacted statutes. So you see, Mr. Governor, legislators represent the people, its kind of the basis of our system. If the people wanted to speak more loudly, they should have amended the State Constitution. Of course, some people are trying to go the Constitutional route. But they haven't yet. Once they do, then what the court says on the Prop. 22 case doesn't matter at all.

Arnold Schwarzenegger clearly doesn't understand his proper role in state government as the Governor. Or, I suppose, if you're a cynic, he understands it perfectly.

2 comments:

Jared said...

Is this my beloved Republican Governor claiming the proper place for this decision is in the courts? Say it ain't so!

There's a little mitigation here, because this statement might be about the appellate case on this issue. But the way it's phrased by Ms. Thompson makes it sound like the Governator actually wants the courts to decide it (and he probably does, because it could hurt his reelection either way he votes).

It's funny, I would have respected the Governor's decision either way on this, though I personally support legislatively-enacted gay marriage, but the Governor's administration has found a way to screw up their approach so that even I'm annoyed. And I'm a huge Arnold supporter otherwise.

Anonymous said...

Article 2, Section 10 of the California Constitution. It specifically prohibits the legislature from amending an initiative statute with another statute unless obtain approval from the electorate.

You know what side of this issue I am on. However, I clearly think the courts will rule that Leno bill is an amendment to Prop 22, and therefore rule it unconstitutional.