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There He Goes Again – Dan Walters Invents a Rationale to Defend All G.O.P. Dirty Tricks

towashington 089.gif By Bill Cavala
A veteran of over 30 years in Sacramento


Dan Walters wrote in yesterday's Bee that any “dirty trick” the Republicans attempt to impose on voters is OK as long as Democrats continue to control the redistricting process.

The US Constitution has awarded the Presidency to the man selected by the electoral votes of states since the founding. 47 states award all of the state’s electoral votes to the party garnering a majority of the popular vote in the State.

The Republicans, as is typical, seek to change this allocation because they can’t win a majority in California. Rather than play the game better – as Governor Schwarzenegger pleaded with them to do – they choose to try and change the rules so they won’t need a majority to win. The effort will fail. Voters shown the title and summary of this measure reject it 25-48.

But why would Walters call this movement away from majority rule “fairer than the present winner take all system”? Doesn’t it simply reflect what Governor Schwarzenegger railed against at the latest GOP conclave? That Republicans have failed to earn votes by fielding candidates worthy of them?

Not To Walters. He sees GOP defeats as part of a Democratic pattern of “dreaming up schemes to preordain elections”. Democrats, he says,”have a long history of making life difficult for minority parties, treating independent voters like pariahs and not cleaning up voter registration rolls.”

This critique is based on the silly premise that a proportional representation system (like England or Iraq) would serve us better than geographically based single member district system of representation established by Madison, Jefferson and other sagacious men who knew better. Minority parties may serve a function in England. In America, they only interfere with the ability of our major parties to achieve their greatest function – solving problems involving the intransitivity of social choices.

As for the Democrats treating independents like “pariahs”, Walters has the right crime but the wrong culprit. It is the Republican Party that refused to allow primary participation, not the Democrats.

“Cleaning up voter registration rolls” is a synonym opposing “purges” of mostly low income voters from the registration rolls for missing an election. Many voters – most of them Democrats – vote only in Presidential General Elections. Republicans know this and would purge them for not voting in off –year elections, forcing Democrats to participate in costly voter registration efforts simply to avoid registration losses.

Forgotten in all of this are the Republican “dirty tricks”. The use of US Attorneys to pursue suppression of minority participation through allegations of vote fraud which were themselves fraudulent.

The transformation of the Federal Law (‘motor voter’) designed to increase participation into an instrument that suppresses participation.

Democratic Candidates for President have won the majority of California’s voters because they best represent that majority – not because they are Democrats (as Republican Governor Schwarzenegger proves). Democratic candidates for the Legislature have won majorities there for the same reason.

Majorities give the winning party the right to govern and, within the confines of the Constitution, to set the rules.

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 September 25, 2007

Comments

Cavala is dead on with this analysis. The Republican problem is to provide tax cuts fro the upper 1% and still govern (see Jonathon Chait and The Big Con). One way to do this is to have the Supreme Court decide the winner of a Presidential election (Florida, 2000). Another way is to disenfranchise voters (purges, voter id laws which are, in essense, a poll tax, federal prosecutions of registration drives, etc) so as to allow only the "correct" voters to vote.

Walters shows his true colors (white, as in reaction) when he talks about "reform" which would disenfranchise California voters in the Presidential election. Just like redistricting "reform", if it takes place only in California, it is not "reform" but rather the transfer of power from the majority of Californians to the minority. Of course, the most anti-democratic structural impediment in California is the 2/3rds vote in the legislature for budget and reveneu measures, which Walters did not see fit to mention in his column. But of course, that means one person can block the desires of two, so the majority of Californians have only a 1/2 the vote of the minority. At least slaves were 3/5ths of a person in the Constitution, so in this sense, the average Californian is accorded less political representation than a slave.

Posted by: publius at September 25, 2007 06:33 AM

Bill's unsupported attack on the idea of proportional representation would be more persuasive if it were not based on Scalia-like Founder worship (the last time I looked their Constitution was doing a pretty good job of blocking the majority will in Washington) and if he had his facts right--England is one of the places in Europe without proportional representation.

Posted by: Mark Paul at September 25, 2007 12:35 PM

Paul is onto something here. Geographic-based politcial systems tended to come into being when transportation and communication was bad, whereas propotional representation systems were the usual choice in the 19th century on. A proportional representation system with mandatory voting would be in many ways preferrable to the current system. The problem is, Americans like strong leaders, and governments headed by the head of the legislature tend not to be that strong.

Posted by: publius at September 25, 2007 01:35 PM


I did not think that an 'attack' on proportional representation required support. Isn't the burden on those that would tinker?

And is it fair to criticize our institutions from the perspective of P.R. and it's modified English form without (1) making it clear that's what you are doing; and, (2) spinning out the likely effects?

Posted by: william cavala at September 25, 2007 01:53 PM

Madison and Jefferson did not "know better" because proportional representation had not yet been invented when they wrote the Constitution. Proportional representation had not been invented because the political party had not yet evolved into a machine for electing people. This happened at the beginning of the Twentieth Century, and for the last 100 yeasrs or so, it has been almost impossible to get elected without the support of a political party organization.

Emerging democracies in Europe at the time realized that political parties and party leaders now held all the power, and they needed a way to hold these parties accountable. Proportional systems allow you to vote for a party, not just your local rep.

The U.S. would be better off with PR in the electoral college, but only if every state were required to divvy up their electors on the same basis, of course.

Posted by: Wayne Smith at September 25, 2007 06:57 PM

Bill, where did the "voters reject it 25 to 48" come
from, i.e., somebody's survey or from where?
And, is splitting the electoral vote between parties a step toward election of president by national popular vote?
Some of the rest of your article was rambling.

Larry Gallup

Posted by: Larry Gallup at September 25, 2007 10:37 PM


i often ramble.

the electoral vote grab is NOT a "first step" toward direct election. The latter would require an amendment to the Federal Constitution, the former only a majority of the 22-5% of the registered voters likely to show up in June.

the 25=48 figure is from a statewide survey conducted by Moore Methods on Sept 15 and 16 with a 600 sample accurate to within + or - 4.5%

Posted by: william cavala at September 26, 2007 09:53 AM

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