“California Supreme Court Squashes Bid To Split State Into Three” (NPR):
California will be staying in one piece, at least for now, after the state’s supreme court ruled that a proposal to divide California into three cannot be placed on the ballot in November.
… the Planning and Conservation League (PCL), a nonprofit environmental group in California, filed a lawsuit to block the measure from getting to a vote.
The PCL says the proposal amounts to a change in the state constitution, which must be decided by the Legislature before it goes to voters, The Sacramento Bee reports.
“We opposed the measure because splitting the state up doesn’t solve any of our existing challenges, it just makes them worse,” Howard Penn, the executive director of PCL, told NPR via email. “We have worked hard for the past 50 plus years on statewide policies that help make California a healthy place to live. If the state gets split up into three parts, it would be like hitting the reset button and starting over.”
I’m not sure why the judges wouldn’t let this on the ballot. The other 49 states would have had to approve the measure, right? And that would never have happened? So why does anyone care?
What about an internal split, though, that would be less dramatic in name but have more impact in reality?
Right now someone in San Diego who thinks that schools should be funded more lavishly or run differently has to travel up to Sacremento and argue with imperial overlords. With a population of 40 million, far larger than most European countries, there is no reason for anyone in the capital to listen to a citizen unless that citizen is crazy rich or famous.
A Pattern Language (written by a UC Berkeley professor and friends!) suggests a country sized like Denmark, about 5 million, if individuals are to have any practical chance of influencing laws and decisions. The claim is that people will be happier in a country where they have a political voice.
Why couldn’t Californians vote to take apart their unaccountable state-wide bureaucracy one piece at a time? For example, they could vote to disband the California Department of Education (“We oversee the state’s diverse public school system, which is responsible for the education of more than six million children and young adults in more than 10,000 schools with 295,000 teachers. We are in charge of enforcing education law and regulations and continuing to reform and improve public school programs.”). Adjusted for demographics, California runs the worst-performing schools in the United States (nytimes). With nothing to lose, therefore, just say that whatever the statewide department was doing would now be done by counties (smaller ones could band together and cooperate if necessary) and that funding would be similarly devolved onto the counties (they would still have the Federal education bureaucrats to report to, of course, just like now!).
If decentralizing control of schools worked out well, voters could move on to the next government function. San Francisco could continue to run a winner-take-all family court system (the current law; see also how it could have worked for Ellen Pao) while San Diego adopted shared parenting and capped child support profits (see this chapter of Real World Divorce for the three basic types of custody dispute resolution systems in the U.S.) There could be marijuana in supermarkets up in Eureka and restrictions on the sale of this critically important medication down in San Diego. The speed limit on highways could be set by county. Maybe out in the desert it be over the current statewide 70 mph limit. Back in Silicon Valley the limit could be set to 25 mph to reflect (a) the reality of actual travel speeds during most of the day, and (b) the experimental nature of the self-driving cars that are sharing the road. (That’s another good thing to regulate locally: self-driving cars! They make a lot more sense in some places than others and how does a bureaucrat in Sacramento know?)
Eventually the only things left at the state level would be the National Guard and the soon-to-be-$1 trillion high-speed rail project. There is nothing in the U.S. Constitution, I think, that requires individual states to have central bureaucracies and uniform statewide laws for any given government function.
California readers: Would this make you and your neighbors happier? You’d still be in the same state as people who live 500 miles away, but you wouldn’t have to get their approval anymore.
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