Protecting Democracy by Ending It

sacramento seals itself in

You’ll never stop them again. They’ve made their decision. It won’t work out for them the way they think it will, but they think it’s what they’re doing.

I’ve been driving home from Kansas, so I arrive at this development a couple days late:

California, with its long history of governance by referendum — a Progressive Era reform — is challenging a failed governing class with a series of attempted ballot measures this year. Citizens have hoped to secure parental notification rights in schools, to end the era of what has effectively been the decriminalization of drug possession and retail theft (which was ironically enacted by referendum), and to limit the ability of government to add new taxes in a heavily taxed state. Two of those aren’t going forward, and one is a wobbler that state officials are desperately trying to stop.

The Taxpayer Protection Act, a proposed referendum that got enough signatures to qualify for the November ballot, would have required voter approval for all new state and local taxes. State election officials agreed that it met the qualification threshold, and planned to put it before the voters. Democratic officeholders sued, with considerable support from public employee unions and interest groups, and the California Supreme Court ruled this week that the measure may not be placed on the ballot — because it improperly proposes to revise the state constitution, rather than merely amending it. You can watch them try to parse that distinction here, for seventy murky pages. You can change the state constitution through the referendum process, but you can’t change the state constitution through the referendum process. See, totally clear.

At the same time, California Governor Patrick Bateman is telling the organizers of a ballot measure that would increase penalties for drug and theft crimes — after a decade of sharply reduced penalties — that he’ll punish them by blocking criminal justice reform measures in the legislature unless they pull their measure from the ballot. The intended message is a very clear threat: If you insist on your ballot measure and lose at the polls, you’ll be punished with a complete blockade on your agenda through legislative means, for as long as we can manage it.

And a parental rights proposition that aimed for a place on the November ballot — falling short in its efforts to gather enough signatures — ran into a wall when the attorney general’s office assigned it a misleading label that would have described it to voters as a repressive measure that was intended to hurt children.

So a Progressive reform, the great 20th-century transition to direct democracy, is running into a progressive wall of resistance in the 21st century. California Democrats are fighting to limit the likelihood that voters will interfere with their agenda.

People outside California often shrug at the decline of the state, because Californians are just getting what they voted for. But that view misses a bunch of strangeness and ambiguity in a place that has tended to put Democrats in office, then limit their efforts with an ideologically inconsistent hodgepodge of conservative and libertarian ballot measures. The governor and the state legislature just sued to prevent their own voters, the people who sent them to public office, from voting on the new taxes they create. Democrats against direct democracy — a governing class that wants you to give them power, then shut up and go away.

This is not merely a California problem. I wrote a few days ago about the scumbag Robert Kagan and his idiotic book warning that America is facing a rebellion. Here’s the back cover of the book, and I’ve used sophisticated media software to circle the important part:

“The problem is and has always been the people and their beliefs.” This is what the American governing class believes, now. See also the pro-democracy warrior Tom Nichols and his recurring theme about the repulsive people of an ignorant country. We need to protect democracy by getting all the trash that makes up the population to somehow go away and stop bothering their wise and benevolent betters.

The great point of cognitive slippage in American governance has been the degree to which Americans have been willing to vote for officeholders whose agendas they then try to block through lawsuits, referendums, and popular resistance. We’ve voted for shit sandwich over and over again, then declined to eat the whole sandwich. The governing class is now announcing that we’re no longer allowed to refuse the complete meal. You may not have a ballot measure on that.

In the near term, and in the medium term, that pivot leads to greater friction and accelerated decline. In the longer term, preventing people from limiting the aggressive failure of the governing class can only make that failure more apparent. Geological faults that have a lot of small movements release tension in a series of minor earthquakes; faults that can’t release tension through small movements eventually have one big one. We’ll eventually recognize the California Supreme Court’s decision this week as a Pyrrhic victory. There will be more of these, in a political system of increasing brittleness.