100109 Gov Team State Gov 50m

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  • 1. Welcome Gov Team!. Date: 10/01/09 , Topic: State Gov Think of items to discuss. Announcements: 10/04 Forum: 8:30am @ 10122 Bandley Dr (Marina M)
  • 2. Listen baby Ain't no mountain high Ain't no valley low Ain't no river wide enough, baby If you need me, call me No matter where you are No matter how far Don’t worry baby Just call out my name I'll be there in a hurry You don't have to worry There ain't no mountain high enough Ain't no valley low enough Ain't no river wide enough To keep me from getting to you, baby Remember the day I set you free I told you You could always count on me darlin And from that day on I made a vow I'll be there when you want me Some way, some how Cause baby There ain't no mountain high enough Ain't no valley low enough Ain't no river wide enough To keep me from getting to you, baby
  • 3. Gov Team Agenda 1) Moot Court Written Brief Unit To Dos 1) Moot Court Brief Due Money 10/05 2) 3 rd Question Due Monday 10/19 Reminder 1) This Sunday, all day Sacramento 2) Schedule a lunch time for Unit Oral Def. 3) Look over unit digital files 4) Help Sam with sweat shirt ideas! U3vU6 U1vU5 U2vU4
  • 4. Review 1) Federalism : Splitting, sharing, fighting for power between state and federal govt 2) Limited Gov : Federal gov limited to powers listed in the US Constitution ( enumerated powers, exp: A1S8C3: interstate commerce ), state gov can do anything (but they limit themselves to their own state constitutions) 3) Art 1, Sec 8, C1: Power to Tax and Spend : Given that CA taxes avg 8%, and Fed: 30%, Fed is more powerful b/c more money 4) Preemption : If federal govt is authorized by the Constitution to make a law, it overrides any conflicting state or local laws
  • 5. Notes #50a , Title: “ State Gov Notes ” 1) State Gov : Focuses on K12/CC (Funding), CSU/UC, State Crimes/Prisons, Health Care CA Constitution Legislature Senate Governor CA Courts Assembly Depts + Agencies
  • 6. 2) CA Constitution : More rights than US Cons+ Amendments (Fed: 27, CA: 500+): a) 2/3 of Legislature > 1/2 of voters 3) Voter Initiatives/Propositions ( Amendment ) : 8% of voter from past election sign petition > 1/2 voters ( Examples: Prop 13 + 8 ) 4) Recall Process : 12% of voter from past election sign petition > 1/2 voters ( Gray Davis ) 5) CA Governor : 4 years (2 terms max) a) Drafts budget (legis can edit) b) Vetoes (including line-item veto ) c) Appoints ppl (often fixed terms, carrying over past their term, including UC/CSU Board ) d) Pardons state crimes
  • 7. 2) CA Constitution : More rights than US Cons+ Amendments (Fed: 27, CA: 500+): a) 2/3 of Legislature > 1/2 of voters
  • 8. CALIFORNIA CONSTITUTION PREAMBLE We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution. ARTICLE 1 DECLARATION OF RIGHTS SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press. (b) A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed, shall not be adjudged in contempt by a judicial, legislative, or administrative body, or any other body having the power to issue subpoenas, for refusing to disclose the source of any information procured while so connected or employed for publication in a newspaper, magazine or other periodical publication, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public. Nor shall a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed, be so adjudged in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public. As used in this subdivision, "unpublished information" includes information not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated and includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not itself disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated. SEC. 3. (a) The people have the right to instruct their…
  • 9. US CONSTITUTION PREAMBLE We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
  • 10. 3) Voter Initiatives/Propositions ( Amendment ) : 8% of voter from past election sign petition > 1/2 voters ( Examples: Prop 13 + 8 ) Pass: 6,838,107 / 52.3% Yes ... 6,246,463 / 47.7% No
  • 11. Flash Debate: Voter Props <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< CA (is among half the country) that lets voters pass laws is good for democracy. Voter passed laws perverts our democracy through special interest group and corporative sponsored laws. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>>
  • 12. 4) Recall Process : 12% of voter from past election sign petition > 1/2 voters ( Gray Davis ) CA Supreme Court Chief Justice Rose Bird recalled for not enforcing the death penalty (1986)
  • 13. Flash Debate: Recall <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< Recall is a good check on abusive government. Why need recalls, that’s why we have regularly held elections, just let them due their job! >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>>
  • 14. 5) CA Governor : 4 years (2 terms max) a) Drafts budget (legis can edit) b) Vetoes (including line-item veto ) c) Appoints ppl (often fixed terms, carrying over past their term, including UC/CSU Board ) d) Pardons state crimes
  • 15. Flash Debate: Line Item Veto <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< CA’s governor can cut out waste from a bill, the US President should have this power too! The line item veto gives too much power to the governor, so no, this would be too much power for a president. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>> *1996 Congress passed law to give president line item veto, SCOTUS ruled unconstitutional, such a change would require const. amendment.
  • 16.
    • 6) CA Legislature :
    • Senate ( 40 ) : 4 years ( 2 terms max ) 25 DEM, 15 GOP
    • b) Senator Joe Simitian , (650) 688-6384
    • c) Assembly ( 80 ) : 2 years ( 3 terms max )
    • 51 DEM, 29 GOP
    • d) Assembymember Paul Fong , (408) 277-2003
    • 7) Voter Initiatives/Propositions ( Laws ) :
    • 5% of voter from past election sign petition > 1/2 voters
    • 8) CA Courts :
    • Appointed by gov,
    • every 12 years,
    • voters get to renew or
    • reject them. Lower court
    • judges are directly elected.
  • 17.
    • 6) CA Legislature :
    • Senate ( 40 ) : 4 years ( 2 terms max ) 25 DEM, 15 GOP
    • b) Senator Joe Simitian , (650) 688-6384
    • c) Assembly ( 80 ) : 2 years ( 3 terms max )
    • 51 DEM, 29 GOP
    • d) Assembymember Paul Fong , (408) 277-2003
  • 18. Flash Debate: Term Limits <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< State term limits allow more people to get involved in government like women and minorities. Term limits don’t allow politicians to gain experience to govern and makes them focused on short term gains. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>> *There is no federal term limits on Congress.
  • 19. Senator Joe Simitian Assembymember Paul Fong
  • 20. 7) Voter Initiatives/Propositions ( Laws ) : 5% of voter from past election sign petition > 1/2 voters Pass: 5,200,908 / 70.5% Yes ... 2,176,147 / 29.5% No
  • 21. 8) CA Courts : Appointed by gov, every 12 years, voters get to renew or reject them. Lower court judges are directly elected. CA Superior Court (voter elected) CA Sup Court (Gov appt) CA Sup Court (Gov appt, voter confirm) Appeal to SCOTUS Police + DA
  • 22. Flash Debate: Elected Judges <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< It’s good we elected trial judges because it allows the voters to keep judges in check. Elections reduce the independence of the judiciary by pressuring judges to make popular decisions and raise campaign dollars. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>> *Colonial states elected judges, the Constitution’s lifetime judges was a radical change.
  • 23. 9) Budget : Requires 2/3 of legis (66%) + gov signature (Assembly: 63% DEM, Senate: 62% DEM)
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  • 29. New Projections: 24 Billion Dollar Deficit http://www.latimes.com/news/local/la-statebudget-fl-2,0,6957202.htmlstory
  • 30. 10) Partisanship : a) Gerrymandering: Every 10 years, past legis (now a commission) redistricts (redraws) the map of state rep districts, current map favors party extremes ( deal to secure everyone ). b) Closed Primary: Must fight for party nomination before moving to general election ( primary voters (June) are more extreme ) c) Special Interest Groups: Liberal groups vowing to defeat any DEM that votes for cuts (CTA) and conservative groups vowing to defeat any GOP that votes for increases.
  • 31. CA Spending Per Capita Highways - 50th K-12 - 44 th ($7,500 per pupil) Higher Ed - 39th Welfare - 22nd Health - 13th Corrections (Prisons) - 4 th Source: American Council on Intergovernmental
  • 32. Notes #50a , Title: “ School Funding Notes 1) Pre-Prop 13 Schools : County/cities paid for schools thru prop tax . 2) Serrano v. Priest (1971) : Local school funding disparity violation of 14 th EP, so revenue limit set up. 3) Revenue Limit : Courts declared that every CA school deserves min. funding level ( $7,500 ). If city/county cannot pay for it, state covers the rest. 4) Prop 13 (1978) : Limits property tax to 1%, this tax stays with county + city + school gov. a) If property value increases, taxed value/taxed amount can only increase 2% a yr. b) When you sell your house, the tax value will reset to market rate. 5) Post-Prop 13 Schools : State pays for schools through state income/sales taxes.
  • 33. Notes #50a , Title: “ School Funding Notes 1) Pre-Prop 13 Schools : County/cities paid for schools thru prop tax .
  • 34. 2) Serrano v. Priest (1971) : Local school funding disparity violation of 14 th Am Equal Protection Clause, so revenue limit set up.
  • 35. Flash Debate: Serrano v. Priest <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< Seranno is good because all children deserve an equal education. People work hard to earn more money so their kids can receive more, so their local tax dollars should stay with local schools. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>>
  • 36. 3) Revenue Limit : Courts declared that every CA school deserves min. funding level ( $7,500 ). If city/county cannot pay for it, state covers the rest: FUHSD is a rare exception, prop tax pay for all, so state pays little, this is called a basic aid district (20>100).
  • 37. 4) Prop 13 (1978) : Limits property tax to 1%, this tax stays with county + city + school gov. a) If property value increases, taxed value/taxed amount can only increase 2% a yr. b) When you sell your house, the tax value will reset to market rate.
  • 38. Flash Debate: Prop 13 <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< Prop 13 helps ensure home owners don’t go broke paying prop tax. Without Prop 13, who knows how high the legis. will make taxes. Prop 13 robbed CA schools of one of its most reliable funding, reducing CA to mediocrity. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>>
  • 39. 5) Post-Prop 13 Schools : State pays for schools through state income/sales taxes.
  • 40. REVENUE LIMIT: MOST SCHOOLS INCLUDING CUSD BASIC AID: RARE FEW SCHOOLS INCLUDING FUHSD
  • 41. 6) UC/CSU Funding : Funding determined by governor + legislature. Tuition determined by gover. appointed UC/CSU boards. 7) Prop 98 (1988) : Guaranteed K-12 and CC spending level, approx 30-40% of CA budget 8) Parcel Tax (Allowed by Prop 13) : Lets communities pass flat rate extra tax on properties to pay for schools if 66% agree. 9) Measure L (2004) : $98 dollar tax, expires 11. 10) Measure G (2009) : Make $98 permanent, and have it grow based on inflation (2%)
  • 42. 6) UC/CSU Funding : Funding determined by governor + legislature. Tuition determined by gover. appointed UC/CSU boards.
  • 43. Flash Debate: UC vs CSU vs Com Col <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< UC deserves more funding, research students cost more, and produce more for the economy. >>>>>>>>>>>>> THREE-MID <<<<<<<<<<<<<<<< Community college needs more because it already gets the least and serves the poorest. CSU deserves more because it produces the trained workers and more students are needier. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>>
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  • 45. Flash Debate: Education vs Prison <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< Prisons shouldn’t be cut because reducing prison programs and letting go prisoners increase crime. Education shouldn’t be cut because students are innocent, criminals are not, and they are CA investment. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>>
  • 46. 7) Prop 98 (1988) : Guaranteed K-12 and CC spending level, approx 30-40% of CA budget (43 billion dollars)
  • 47. 8) Parcel Tax (Allowed by Prop 13) : Lets communities pass flat rate extra tax on properties to pay for schools if 66% agree .
  • 48. 9) Measure L (2004) : $98 dollar tax, expires 2011.
  • 49. Measure B (2008) : Bond is similar to a parcel but can only be used to pay for buildings , and has a lower voter req: 50+% .
  • 50. 10) Measure G (2009) : Make $98 permanent, and have it grow based on inflation (2%)
  • 51. Flash Debate: Parcel Tax Debates <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< Many tax opponents argue parcel taxes are unfair because voters who don’t own homes can vote on a tax they don’t have to pay, and property owners who own property but live elsewhere pay but can’t vote. Services like schools paid by taxes improve property values of the owners. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>>
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  • 56. CA Spending Per Capita Highways - 50th K-12 - 44 th ($7,500 per pupil) Higher Ed - 39th Welfare - 22nd Health - 13th Corrections (Prisons) - 4 th Source: American Council on Intergovernmental
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  • 59. Flash Debate: Cuts or Taxes <<<<<<<<<<<<<< ONE-PRO <<<<<<<<<<<<<<<<< We are in a recession, gov must cut spending like everyone else, tax increases will make everything worse. Cuts in go services are short sighted and will cost the state more in the future. >>>>>>>>>>>>>>> FIVE-CON >>>>>>>>>>>>>>>>
  • 60. New Projections: 24 Billion Dollar Deficit http://www.latimes.com/news/local/la-statebudget-fl-2,0,6957202.htmlstory
  • 61.  
  • 62. Gov Team Agenda 1) Moot Court Written Brief Unit To Dos 1) Moot Court Brief Due Money 10/05 2) 3 rd Question Due Monday 10/19 Reminder 1) This Sunday, all day Sacramento 2) Schedule a lunch time for Unit Oral Def. 3) Look over unit digital files 4) Help Sam with sweat shirt ideas! U3vU6 U1vU5 U2vU4