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)

Listen babyAin't no mountain highAin't no valley lowAin't no river wide enough, baby

If you need me, call meNo matter where you areNo matter how farDon’t worry baby

Just call out my nameI'll be there in a hurryYou don't have to worry

There ain't no mountain high enoughAin't no valley low enoughAin't no river wide enoughTo keep me from getting to you, baby

Remember the dayI set you freeI told youYou could always count on me darlinAnd from that day onI made a vowI'll be there when you want meSome way, some how

Cause babyThere ain't no mountain high enoughAin't no valley low enoughAin't no river wide enoughTo keep me from getting to you, baby

Gov Team Agenda1) Moot Court Written Brief

Unit To Dos1) Moot Court Brief Due Money 10/052) 3rd Question Due Monday 10/19

Reminder1) This Sunday, all day Sacramento2) Schedule a lunch time for Unit Oral Def.3) Look over unit digital files4) Help Sam with sweat shirt ideas!

Review 1) Federalism: Splitting, sharing, fighting for

power between state and federal govt2) 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

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

2) CA Constitution: More rights than US Cons+Amendments (Fed: 27, CA: 500+):a) 2/3 of Legislature > 1/2 of voters3) 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

2) CA Constitution: More rights than US Cons+Amendments (Fed: 27, CA: 500+):a) 2/3 of Legislature > 1/2 of voters

CALIFORNIA CONSTITUTIONPREAMBLEWe, 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 RIGHTSSEC. 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…

US CONSTITUTIONPREAMBLEWe 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 1Congress 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.

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

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 >>>>>>>>>>>>>>>>

4) Recall Process: 12% of voter from past election sign petition > 1/2 voters (Gray Davis)

CA Supreme CourtChief JusticeRose Birdrecalled for not enforcing the death penalty (1986)

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 >>>>>>>>>>>>>>>>

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

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 lineitem veto, SCOTUS ruled unconstitutional,such a change would require const. amendment.

6) CA Legislature: a)Senate (40): 4 years (2 terms max)

25 DEM, 15 GOPb) Senator Joe Simitian, (650) 688-6384 c) Assembly (80): 2 years (3 terms max) 51 DEM, 29 GOPd) Assembymember Paul Fong, (408) 277-2003 7) Voter Initiatives/Propositions (Laws): 5% of voter from past election sign petition > 1/2 voters8) CA Courts: Appointed by gov, every 12 years, voters get to renew orreject them. Lower courtjudges are directly elected.

6) CA Legislature: a)Senate (40): 4 years (2 terms max)

25 DEM, 15 GOPb) Senator Joe Simitian, (650) 688-6384 c) Assembly (80): 2 years (3 terms max) 51 DEM, 29 GOPd) Assembymember Paul Fong, (408) 277-2003

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.

Senator Joe Simitian Assembymember Paul Fong

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

8) CA Courts: Appointed by gov, every 12 years, voters get to renew orreject them. Lower courtjudges 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

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.

9) Budget: Requires 2/3 of legis (66%) + gov signature

(Assembly: 63% DEM, Senate: 62% DEM)

New Projections: 24 Billion Dollar Deficithttp://www.latimes.com/news/local/la-

statebudget-fl-2,0,6957202.htmlstory

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.

CA Spending Per Capita Highways - 50thK-12 - 44th ($7,500 per pupil)Higher Ed - 39thWelfare - 22ndHealth - 13thCorrections (Prisons) - 4th

Source: American Council on Intergovernmental

Notes #50a, Title: “School Funding Notes1) Pre-Prop 13 Schools: County/cities paid for schools thru prop tax.2) Serrano v. Priest (1971): Local school funding disparity violation of 14th 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.

Notes #50a, Title: “School Funding Notes1) Pre-Prop 13 Schools: County/cities paid for schools thru prop tax.

2) Serrano v. Priest (1971): Local school funding disparity violation of 14th Am Equal Protection Clause, so revenue limit set up.

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 >>>>>>>>>>>>>>>>

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 rareexception, proptax pay for all, so state pays little,this is called abasic aid district (20>100).

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.

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 >>>>>>>>>>>>>>>>

5) Post-Prop 13 Schools: State pays for schools through state income/sales taxes.

REVENUE LIMIT:MOST SCHOOLSINCLUDING CUSD

BASIC AID:RARE FEW SCHOOLSINCLUDING FUHSD

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%)

6) UC/CSU Funding: Funding determined by governor + legislature. Tuition determined by gover. appointed UC/CSU boards.

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 >>>>>>>>>>>>>>>>

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 >>>>>>>>>>>>>>>>

7) Prop 98 (1988): Guaranteed K-12 and CC spending level, approx 30-40% of CA budget

(43 billion dollars)

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 2011.

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+%.

10) Measure G (2009): Make $98 permanent, and have it grow based on inflation (2%)

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 >>>>>>>>>>>>>>>>

CA Spending Per Capita Highways - 50thK-12 - 44th ($7,500 per pupil)Higher Ed - 39thWelfare - 22ndHealth - 13thCorrections (Prisons) - 4th

Source: American Council on Intergovernmental

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 >>>>>>>>>>>>>>>>

New Projections: 24 Billion Dollar Deficithttp://www.latimes.com/news/local/la-

statebudget-fl-2,0,6957202.htmlstory

Gov Team Agenda1) Moot Court Written Brief

Unit To Dos1) Moot Court Brief Due Money 10/052) 3rd Question Due Monday 10/19

Reminder1) This Sunday, all day Sacramento2) Schedule a lunch time for Unit Oral Def.3) Look over unit digital files4) Help Sam with sweat shirt ideas!