Tuesday, October 04, 2005

 

Separation of Powers - Proposition 76

Does anyone remember Montesquieu? Does anyone remember the Federalist Papers? Does anyone in California remember that our state republican form of government is modeled after the Federal government and its three branches, separation of powers, and checks and balances?

Well, the folks who have brought you the dangerous Proposition 76 seem not to care one whit about the solid legal traditions of our country or our state.

Under the guise of trying to control the budget, Arnold and his troops have crafted a system that wrecks the idea that the power of the purse resides in the legislature. Now, when a Republican governor is in office, and if this proposition were to pass, it might mean that cuts would be made, I and many other Republicans would rejoice. But what happens when a Democrat resides in the governor's chair? Would that Democrat cut areas that are dear to Republicans (like police, prisons, etc.)?

Tampering with the separation of powers goes against the conservative principle of having too much power reside in the hands of one person. If the Republicans wish to sponsor an initiative that rids California of all pre-set spending so that the legislature could do the job it has been elected to do, I will happily sign on the dotted line even if it means gutting the pro-education Proposition 98. Unfortunately, this initiative is short-sighted and could cause more damage than it supposedly will fix.

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