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The California Progress Report is published by Frank D. Russo, a longtime observer of and participant in California politics.

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LEADER OF ‘HOWARD JARVIS TAXPAYER’ GROUP ADMITS HE’S A HIRED GUN WHO DEFENDED TERM LIMITS – WHICH HAS LITTLE TO

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By Bill Cavala
A veteran of over 30 years in Sacramento

Jonathan Coupal, in an “exclusive” column published on the Republican website, the “Flash Report” has disclosed he was “retained” to testify against plaintiffs seeking to overturn Prop 140, the Amendment to the California Constitution that established term limits.

Coupal’s organization routinely provides cover by endorsing Republicans for office, and claiming Democratic opponents to be“tax and spend” liberals regardless of their policy on taxes.

He surfaces today to attack Senate Elections Chair Calderon’s notion that the Term Limits amendment be subject to a second legal attack in Court. ‘All the arguments were raised and downed’, says Coupal in effect.

But Prop 140 was a “revision’, not an ‘amendment’ to the Constitution of California.

The Court ruled otherwise, but it was wrong in its’ ruling. At that time there was no scholarly evidence that term limits undercut the basic structure of the Legislature to such an extent a revision was involved.

Such evidence is available today, and it would cause a fair minded Court to reverse its decision.

Term limits has significantly altered the equal relationship between the Executive and Legislative branch of government. Oversight of the Executive – the administration of the laws – has grown systematically weaker as experience lawmakers have been replaced with Members who have no idea of how an agency should be run.

The tenure of staff in the Legislature is now running less than that of Members. This operational change – the result of Member turnover – adds to the lack of experience available to the Legislature as an institution.

These debilitating changes – not apparent in the first instance or at once, but only over time – are indicative of a revision of the Constitutional role of the Legislative branch such that our right to a “Representative Government” is slowly being choked.

A ballot measure that cut the budget of the Supreme Court by 40%, limited Justices to six years in office and eliminated the plushy, lucrative Judicial Retirement System might forcefully bring to the Court’s attention the difference between an ‘amendment’ and an Unconstitutional ‘revision’.

Bill Cavala was Deputy Director of the Assembly Speaker’s Office of Member Services where he worked for over 30 years.

He attended undergraduate and graduate school in the 1960’s and received a doctorate in political science at UC Berkeley. He taught political science at UC Berkeley during the 1970's while he worked part-time for the State Assembly.

Cavala left teaching at UC Berkeley and went to work for Assembly Speaker Willie Brown in 1981 until his tenure as Speaker ended in 1995, and he has worked for his five successors as Speaker up to and including Speaker Fabian Nunez.

Mr. Cavala manages election campaigns for Democratic candidates.

Posted on April 02, 2007

Comments

Bill,

If term limits are so bad, then why even take it to the courts? If the legislature puts a complete repeal of 140 on the ballot (which they would eagerly do) the voters would overwhelmingly pass it, right? After all, term limits have been a disaster.

Of course, we all know the reason proponants won't do this. Because they know as well as everyone else that voters like their term limits. So instead, they are trying to put it in the hands of the courts so the law can be overturned in spite of the voters.

The hubris of these legislators who supposedly represent the people is amazing.

Posted by: Andy Nevis at April 2, 2007 10:15 AM

You are right that it would be a tough election to overturn term limits and maybe for good reason, although i think a lot of the problem is political posturing which has made the road to change look so daunting. But it still could happen and I think that the loss of experts in several different areas (such as for example domestic security issues) may change that some day. The bottom line is that Prop 140 was a way of saying voters were too stupid to make their own decisions, so I wouldn't get too "holier than thou" about term limits opponents going to the courts first to get around limits.

Posted by: Tom Kaptain at April 2, 2007 06:24 PM

Why, among all the comments about how bad term limits are for legislators, is no one calling for an end to term limits on statewide officers and the US President?

I notice that the initiative the legislature is having its most trusted lobbyists circulate only changes the limits on the legislature.

Could it be because too many of those legislators are planning on running for statewide office in a couple of years, so they want to be sure term limits clear out the current incumbents?

Sounds mighty selective and self-serving to me.

Posted by: Doug Johnson at April 5, 2007 01:02 PM

Bill reveals a fundamental misunderstanding of the previous litigation. I was not a "witness." I was the attorney who argued the case for my client -- in this case, Pete Schabarum. Indeed, there were no witnesses because there were no facts in dispute. The entire case, all "causes of action" asserted by Speaker Brown, et al. were rejected AS A MATTER OF LAW. That is why Bill's comment that there is new evidence today is as meaningless as it is irrelevant.

Is there a legitimate policy debate over the efficacy of term limits? Sure. But the forum for that debate is squarely in the polical arena, not the courts.

Posted by: Jon Coupal at April 18, 2007 08:28 AM

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