Death by a Thousand Cuts: The Guarantee Clause Regulation of State Constitutions. - Stanford Law School

Death by a Thousand Cuts: The Guarantee Clause Regulation of State Constitutions.

By Stanford Law School

  • Release Date: 2010-06-01
  • Genre: Law

Description

INTRODUCTION California is ungovernable. The state's annual budget charade might give one the impression that its governor and legislature are to blame. But in truth, it is out of their hands. Decades of "ballot-box budgeting," where voters pass taxing and spending legislation by citizen initiative, has put more and more of the state's budget out of the legislature's control. (1) While estimates vary, somewhere between seventy-seven and ninety percent of California's general fund (2) is "set in stone before the Legislature and governor even start negotiating." (3) With an increasingly small slice of the decision-making authority left to elected representatives, it is difficult to argue that California is still a representative democracy. (4)

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