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Gothmog

(145,086 posts)
Mon Jun 25, 2018, 10:13 AM Jun 2018

"California's Supreme Court can kill Cal-3 quickly and save us all a lot of trouble"

This is from Prof. Hasen http://electionlawblog.org/?p=99761

The Cal-3 ballot measure set to be voted on in November needs a mercy killing from the California Supreme Court, and if it comes fast enough, it could save a lot of expense and wasted effort.

The proposition, designed by venture capitalist Tim Draper to split California into three states, may or may not be the most sensible way to divide up our diverse and powerful state. But the legal barriers to its enactment are overwhelming.

For example, will Congress, which must approve the creation of new states out of an old one, go along, given the partisan politics of everything these days and the impact of four new senators on the balance of power in the U.S. Senate? Will consent of the state Legislature be required (and forthcoming), or would voter approval through the initiative process suffice?

The legal fate of the initiative will probably never even get to questions of legislative approval. One way or another, the California Supreme Court will be called upon, and it will almost certainly rule that the way in which Draper is trying to create three Californias violates the state Constitution and has no place on the ballot to begin with.

Hopefully this ballot measure will be killed by the court
11 replies = new reply since forum marked as read
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lark

(23,083 posts)
1. Putin and his tool drumpf are hoping they do.
Mon Jun 25, 2018, 10:15 AM
Jun 2018

They want to get rid of unified liberal CA and would love the chaos. CAs justices hopefully care more about the law and will stop this madness.

 

JayhawkSD

(3,163 posts)
2. Indeed. The court should prevent people from voting on this.
Mon Jun 25, 2018, 10:24 AM
Jun 2018

Because mere people, citizens, should never be allowed to express their own opinion. What do you think this is, some kind of democracy or something?

MrsCoffee

(5,801 posts)
4. This is a Russian operation. Tim Draper is a Russian tool.
Mon Jun 25, 2018, 10:31 AM
Jun 2018

He is heavily invested in Russia's social media apps. I wonder why.....

 

JayhawkSD

(3,163 posts)
5. That doesn't answer my question.
Mon Jun 25, 2018, 10:36 AM
Jun 2018

Why should the people of California not be allowed to vote on an issue affecting their own destiny?

I certainly intend to vote against it, and I don't think it matters in the least since there is zero chance that Congress would approve it, but I don't understand why so many people think that California citizens should not be given this choice.

haele

(12,646 posts)
7. The Libratarian/Christian Conservitive parts of California want to split because they don't care.
Mon Jun 25, 2018, 11:14 AM
Jun 2018

They don't care about their own local economies and how much the rest of the state actually supports their regional wealth. They don't care that this is a Russian strategy to weaken the fifth largest economy in the world.

They are actually the minority, and this gives them the reason to come out and vote just want to fuck up the nasty libtards who are "telling them how to run their lives" - never mind the way they want to live their lives will pit them against their own equally conservative neighbors over water rights, what's left of the regional economic engines (i.e., tourism), resource management, and access to infrastructure just to get their produce and "mining or timber" that they've leased at lower rates than would be if everything was privately owned.

They're like surely teenagers who are used to getting their "free time/fun stuff" and emotional support based on other family sacrifice and don't understand why there suddenly seems to be more rules in the house and why everyone in the family are all supposed to contribute more as they grow older and become more capable.

And Draper and his Russian investors are basically the punk-assed peer encouraging them to act out.

The problem is not that "the people of California isn't allowed to vote on an issue affecting their own destiny". The problem is voter apathy in California, because as usual when the economy is going well, the majority will shrug their shoulders as "it's a given I'm not going to be affected" and allow a minority of voters to make the decision for them - even if there are critical or "gotcha" measures on the ballot.
This ballot measure basically was put into a pretty much "Blue in the Bag" election a call the minority of mal-contents out en mass to vote for it - like Proposition 8 did - simply because the majority of California doesn't want to split and it would screw our economy.

The GOTV contingent needs to take this measure seriously, and unfortunately, I don't see the local media pointing out both the Russian backing and the harm to both the entire state and local economies this measure will cause.

"You think breaking the state up will protect your water rights?
What will you do when unregulated international corporations buy out all the water at the sources, leaving you with nothing for your homes and family farms?
What happens when big companies using machines to do the work buy all the generational state and federal mining and forestry rights out from under your family business?
What happens to your families and livelihoods when after a couple years, you're left with poisoned groundwater, depleted soil, and the fishing, hunting, and tourism businesses are destroyed due to unregulated corporate clear-cut forests and open pit mining?
What happens when your local infrastructure fails, and all regulatory protections for clean water, air, and soil disappear, and your social services are gone, because of poor planning and greedy politicians taking advantage of the stripping of regulations and removal of a more diverse tax base?
Where will you be able to live in five years after one state that may be frustrating to everyone becomes three states with crippled economies ready to be exploited by foreigners and mobsters with enough bribe money to run those three states and rule over the citizens any way they want?"


Haele

Gothmog

(145,086 posts)
10. An amendment to the Calif. Government Code is not sufficient
Mon Jun 25, 2018, 12:33 PM
Jun 2018

The assholes pushing this measure could not get the signatures necessary to put an amendment to the Calif. constitution on the ballot and so put a meaningless amendment to the Calif. government code onto the ballot. This ballot measure if adopted will conflict with the California constitution and be ruled void by the courts.

If the assholes who are proposing this change want the California voters to vote on it, then get the signatures needed to put this measure onto the ballot as a constitutional amendment

Gothmog

(145,086 posts)
8. It takes a constitutional amendment to split the state
Mon Jun 25, 2018, 11:17 AM
Jun 2018

Getting a constitutional amendment on the ballot requires more signatures than athis group obtained. This group is using a change to the govt code because they could not get the signtures for a constitutional amendment.

still_one

(92,116 posts)
3. I hope so. The F**king right wing republican assholes. They tried to push dividing the state into
Mon Jun 25, 2018, 10:29 AM
Jun 2018

SIX states last time, and it went soundly down to defeat






themaguffin

(3,825 posts)
11. This is such crap. Notice that there is no North and South CA proposal
Mon Jun 25, 2018, 01:49 PM
Jun 2018

Where SF, Sacramento etc are part of a state and LA etc are the southern state.

Notice that they don't suggest that.

Notice that they don't push to carve up a red state.

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