I have a standard line I like to use when I am approached by
people outside grocery stores. It is
genius. My kids and their friends are
highly amused by it. I will share it
with you now. Whenever someone comes at
me with a pen and asks for my signature on some petition, I always respond very
simply and very clearly “I am a convicted felon.”
This is a lie. As it
turns out, I am not yet a convicted felon.
But this is a good lie, and a funny one. As I have explained to my surprised children
and their friends more than once, a convicted felon cannot legally vote. Therefore the signature of a felon on any
petition targeted at a ballot initiative would certainly be invalidated. Signature collectors, who in California are
universally collecting signatures for some ballot initiative, hate when their
carefully collected signatures are invalidated.
They never bother a convicted felon more than once.
It is also a good segue into that awkward conversation all
parents must eventually have with their children regarding their own troubled
pasts. For me this is an opportunity to
share with my children the story of how I came to realize how bad an idea
direct government really is. Because
there is nothing kids love more than to hear an old man ramble on and on about
blah, blah, blah blah, blah.
That’s what my kids are thinking right now if they are
reading this.
I remember being a 17 year old college freshman sitting in
my very first political science course when the instructor asked me if I
thought the California Initiative was a good idea. I was stumped. I had never considered it an option. Growing up in California it had just always
been there. Every election I had ever
been aware of had been surrounded by messages urging “yes” or “no” on some
obscure proposition and its assigned number.
Much like fast food in my family, I had never really considered if it
was a good idea or not, it had just always been there.
My stunned silence earned me a topic assignment for my next
paper. And when that paper was due I
submitted an extremely well researched argument that the California Initiative
was in fact the greatest and most important example of government of the
people, by the people, and for the people ever known to man. It was in my mind a cornerstone of what I
considered to be politically important, namely power to the people.
Kids are dumb.
As a grumpy old man I now clearly understand the California
Initiative to be a really bad idea. Don’t
get me wrong, the Initiative is and has been a really great experiment in
direct government. Therefore, it is a truly terrible idea. I know it seems like a good idea. But it isn’t.
As a pretty good experiment with a long history, even a
cursory review of available data shows pretty clearly the real problem with the
California Initiative (and similar ballot proposition processes in the 24 other
states currently following a similar course to cultural devolution) . I am sure countless graduate students have
completed countless thorough and legitimate studies of the positive and
negative effects of the Initiative process, but I prefer to cut straight to the
useful information to illustrate what I mean.
A quick scan of Wikipedia shows a list of the following “notable”
(read: most talked-about) California Ballot Propositions:
Proposition 6 (1978) (defeated) on barring homosexuality in
the public school system
Proposition 13 (1978) (passed) on property tax; imposing 2/3
requirement for budget vote, tax increases
Proposition 187 (1994) (passed, then declared
unconstitutional) on denying illegal immigrants eligibility to receive public
services (immediate stay was federally imposed and is still in effect)
Proposition 209 (1996) (passed) on banning affirmative
action in public sector (employment, education, etc.)
Proposition 215 (1996) (passed) on legalizing medical
marijuana
Proposition 22 (2000) (passed, then declared
unconstitutional) on a statute banning same-sex marriage
Proposition 8 (2008) (pending appeal in the courts) on a
state constitutional amendment banning same-sex marriage in order to override
the In re Marriage (Proposition 22) decision earlier that year that legalized
same-sex marriage
Proposition 19 (2010) (defeated) on the legalization of
marijuana
Direct governance seems to bring out the worst in us. As it turns out, any asshole with a couple
hundred bucks and a pile of signatures can get a law on the ballot. I mean an actual law, which needs to be
enforced. And regular people vote on
this law. No elected officials are
involved. There is no debate amongst any
legislative body.
In fact the process is so simple and straight forward even
the stoners have managed to successfully organize efforts to get a couple
initiatives on the ballot. They
apparently forgot to remember to vote for the last one but that is not the
point. Stoners can get laws on the
general election ballot. I hope that
statement is as terrifying to my readers as I intend it to be. They even managed to pull it off in Washington
and Colorado. If even stoners can be
successful in this process imagine what someone like Hitler might be able to do
with it?
And that brings me to my point about the California
Initiative being a bad idea. As you can
see from the list above, more often than not, the asshole with the signatures
just wants to use the Initiative process to be a dick to someone else.
I am convinced that this is the reason our founding fathers
designed the US government without a direct government initiative process. I used to think it was just because they
lacked the technology for direct government, or because they were lazy. But this is not true. I now think they understood that we don’t
really want to give just any asshole the power to make laws. Those were wise men indeed.
It seems to me there is an additional amount of
consideration that goes into the more traditional process of passing laws via
elected officials. Debate is good. Even
competing special interests can sometimes inflict more reason and understanding
on the process of creating laws than can the ability of any average Joe, and I
do mean average, to simply vote yes or no.
And it is usually so easy to get people to agree with your
misguided opinion this way. Think about
how it starts. If the average registered voter puts any careful consideration at all into the votes
they cast on ballot propositions, that consideration is entirely absent at the
time they sign that petition outside the grocery store. That petition is important, and we really
should all think carefully before we sign them, but we never do. In fact I contend that each of us more or
less universally does the same thing. If
you are the type of person who gets annoyed at strangers asking you about
something important when you are only thinking about what kind of bread to buy,
you probably never sign any of those petitions, even if it is for a cause in
which you believe. Similarly, If you are
the type of person who hates to be approached and who is uncomfortable saying
no to a stranger, you probably always sign, because what the hell. It is easy for you and it makes them
happy.
Even my own canned and lazy response to petitioners outside the grocery store is applied universally, for better or worse. It got me some funny looks recently when I was asked by some particularly short activists if I wanted to buy some Girl Scout cookies. Apparently “I am a convicted felon” was not the response they were looking for.