My favorite proposition would be one to do away with propositions altogether. We need Legislative Service instead. But there is an election on Tuesday and a fresh slate of propositions for California and San Francisco that need to be decided. My thoughts on the statewide propositions are:

30: TEMPORARY TAXES TO FUND EDUCATION. GUARANTEED LOCAL PUBLIC SAFETY FUNDING. INITIATIVE CONSTITUTIONAL AMENDMENT.

Yes, grudgingly. I hate that Governor Brown has a knife to our throats on this one. If it passes then we get $6 billion of extra annual revenue, largely for education. If it fails then because the revenue is already in the budget we’re looking at further evisceration. The sales tax component is regressive, I prefer proposition 38’s more balanced income tax increases across the board. I actually like that the proposition 30 money hits the general fund – I hate measures that earmark money so specifically that there is no room for maneuver. So yes on 30 and no on 38.

The arguments against proposition 30 seem to be that it isn’t specifically earmarked (which I see as a plus) and that we shouldn’t be raising more money for education and public safety while also building out high speed rail. But as the 8th largest economy in the world California should be able to mange to improve public transport and education at the same time. Both are critical to long term growth and prosperity. There is also the argument that you can’t trust government with any money or decisions and that any problem can be handled by just reducing ‘waste’. I don’t really buy that and if you do you might be better off somewhere like Nevada.

31: STATE BUDGET. STATE AND LOCAL GOVERNMENT. INITIATIVE CONSTITUTION AMENDENT AND STATUTE.

No. ‘Local Action Plans’ would allow local government to circumvent state laws and this doesn’t seem like a great idea. Allowing the Governor to make budget cuts without the state legislature smells bad as well. Publishing bills in advance of a vote to help prevent pet projects and pork from being stuffed in sounds good, I wish it had been included as a separate proposition rather than lumped in here (in general Proposition 30 suffers from being too broad).

32: POLITICAL CONTRIBUTIONS BY PAYROLL DEDUCTION. CONTRIBUTIONS TO CANDIDATES. INITIATIVE STATUTE.

No. It’s just a naked attempt to stiff unions and further increase the corporate money stranglehold on US politics.

33: AUTO INSURANCE COMPANIES. PRICES BASED ON DRIVER’S HISTORY OF INSURANCE COVERAGE. INITIATIVE STATUTE.

No. This allows insurance companies to offer a discount based on how long you’ve been insured with another company but also allows them to punish you for a lapse in coverage. If you choose to be without a car for more than a few months you can get a large increase in coverage. It doesn’t seem that the pros outweigh the cons here and the fact that the proposition is funded by the chairman of Mercury further tips me towards a no vote.

34: DEATH PENALTY. INITIATIVE STATUTE.

Yes. I don’t care about the cost of the death penalty, or particularly in it’s effectiveness. I’m fundamentally opposed to the death penalty because I don’t think the state has any business taking life in cold blood. I also don’t think you can guarantee that you’re not executing someone who is innocent.

35: HUMAN TRAFFICKING. PENALTIES. INITIATIVE STATUTE.

No. Punishment for specific offenses shouldn’t be dictated by ballot initiative. Most of these crimes are Federal anyway and so any changes in CA law would have a minor impact (KQED reports 18 offenders in CA prison for trafficking). There is a provision expanding the definition of human trafficking to include copying child pornography… sounds great but you’ll probably end up doing 15 years hard time for backing up your teenager’s phone after they’ve been sexting.

36: THREE STRIKES LAW. REPEAT FELONY OFFENDERS. PENALTIES. INITIATIVE STATUTE.

Yes. As the law currently stands you can get life in prison for drug possession. The US really needs to stop throwing everyone in jail. Judges should have the latitude to make the sentence fit the crime and not be automatically forced to throw away the key. This proposition makes three strikes a little more humane – I’d rather see it done away with altogether but it’s a step in the right direction.

37: GENETICALLY ENGINEERED FOODS. LABELING. INITIATIVE STATUTE.

Yes. Personally I don’t really care about eating GM food, but a lot of people care very deeply and it seems reasonable to provide this information. The main argument against is sinister special exemptions but these boil down to alcohol (not labeled the same way as food to start with) and animals that have been fed GM food but are not GM themselves.

38: TAX TO FUND EDUCATION AND EARLY CHILDHOOD PROGRAMS. INITIATIVE STATUTE.

No. See 30, above.

39: TAX TREATMENT FOR MULTISTATE BUSINESSES. CLEAN ENERGY AND ENERGY EFFICIENCY FUNDING. INITIATIVE STATUTE.

No. I’m not really sure which way of determining how to tax multi-state businesses is best. Allowing businesses to choose which method they use doesn’t seem the right way to go. If this proposition was just about changing the tax calculation I might be in favor, but unfortunately it also funnels around half of the additional revenue to a new outfit to spend on clean energy projects over five years. As the proposition is sponsored by one hedge fund manager you’ve got to believe that there is a hedge fund posed to benefit from the extra spending.

40: REDISTRICTING. STATE SENATE DISTRICTS. REFERENDUM.

Yes. Approves the outcome of the Citizens Redistricting Commission. The backers of the proposition have withdrawn support for it (Republicans trying to throw out the new districts), it’s only on the ballot because it can’t be removed – a yes vote in this case keeps things the same.

No book reviews this month.

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APIs: A Strategy Guide by Dan Woods

3/5

Works as a good checklist of the various business, legal, technical, marketing and strategic considerations you should think of when launching an API. Not a huge amount of depth in any one area though.

 

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Churchill said “Democracy is the worst form of government, except for all those other forms that have been tried from time to time.” and since then we seem to have given up trying to find a better one. Twiddling with the mechanics of voting doesn’t count.

My idea: Legislative Service. This is modeled on Jury Service only instead of judging a person you’re asked to judge a proposed bill. In your typical bicameral system of government the Legislative Service would replace the upper house. The Senate in the US, The House of Lords in the UK.

In a US version 101 citizens would be randomly drafted for each bill. The pros and cons of the bill would be presented in an adversarial environment, much like a jury trial. The citizen legislators would then vote anonymously and either pass the bill or send it back to the House of Representatives. The President would retain the right to veto a bill.

Such a system would castrate the malign influence of money and lobbyists in the political system. It would also improve engagement as more citizens take part or talk to friends and family who have served.

You would still have professional legislators who would be responsible to their constituents. They’d just have a harder time adding pork and returning favors. Each bill would need to be palatable to a majority of average citizens.

Possible objections:

People dodge jury service all the time. Wouldn’t you end up with a similar problem? I don’t think so. Legislative Jury would be far more prestigious.

Isn’t the average voter too stupid to understand complex legislation? You are the average voter. In any case, the adversarial system would give both sides a chance to both argue and explain. Expert witnesses could be called. Ballot measures that are voted on by the entire electorate suffer from this problem as money is spent to over-simplify and obfuscate. In Legislative Service you’re taking a representative sample of the electorate and giving them the time and help needed to make a serious judgment.

It’s unconstitutional! This would require a constitutional amendment.

What about knee-jerk legislation? Tyranny of the Majority? Hopefully this system would help to put a brake on hasty and ill-thought through bills. The President would retain veto power and the Supreme Court would be able to annul unconstitutional decisions and so sufficient checks and balances would remain in the system.

Of course getting rid of The Senate isn’t going to happen overnight. I can think of a couple of ways to start moving in the right direction.

Firstly, this plan is just as applicable at the state level. My state, California, is a mess and this proposal could help. There are rumblings about holding a constitutional convention and if this happens I want us to ditch ballot initiatives and replace the State Senate with Legislative Service.

Secondly, and more plausibly, what about setting up Legislative Service as a non-profit to look at each bill and vote on it but without the actual power of preventing bad bills from being enacted? A sort of non-partisan citizen think tank. If any of my billionaire readers are interested get in touch.

I’ve been mulling the idea of Legislative Service for quite some time, but especially following the atrocious reform of the British House of Lords in 1999 resulting in an upper house composed of appointed peers, a handful of hereditary peers and a few bishops. This threw the independent oversight baby out with the unelected toffs bathwater. Since 1999 I’ve lived in California and my revulsion for the US political climate keeps growing. Serious change is needed. I think Legislative Service is it.