Monday, December 22, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

State Supreme Court got it right in knocking advisory measure off ballot

By
From page A9 | August 17, 2014 |

The state Supreme Court – or at least five of its members – got it right by declaring that an advisory measure on campaign finance placed on the Nov. 4 ballot by the Legislature is legally suspect and should be removed.

The court voted 5-1 to remove what had been Proposition 49, which asked voters to press Congress to overturn the U.S. Supreme Court’s highly controversial Citizens United ruling.

The ruling freed corporations and labor unions to make unlimited independent expenditures in federal campaigns – already the law governing state campaigns in California.

Technically, the state court did not rule on the merits of whether the Legislature can place such advisory measures, lacking the force of law, on the ballot, although one justice, Goodwin Liu, declared that the Legislature lacks such power. Rather, the court blocked it from the Nov. 4 ballot and called for further litigation on the underlying issue.

Interestingly, Chief Justice Tani Cantil-Sakauye was the dissenter, urging other justices to leave the measure on the ballot and consider its legality after the election.

Her preferred action, however, would have been tantamount to endorsing Proposition 49’s legality, since its effect on Congress, whatever it might be, would have already been made.

There’s nothing in the state constitution or state law that authorizes the Legislature to submit advisory measures to voters, although it did it twice in 1933. Three decades ago, the state Supreme Court invalidated an advisory measure placed on the ballot by initiative because it had no force of law, which certainly implies that the Legislature also lacks authority.

It’s evident, too, that the real motive for placing Proposition 49 on the ballot was not to influence Congress, which routinely ignores resolutions and other nonbinding actions.

It was to spark political activity among the liberal “netroots” activists who, for some reason, consider the Citizens United decision to be a civic sin of the first magnitude, thus countering what is likely to be a very low turnout election in California, especially among Democrats.

Gov. Jerry Brown allowed the bill placing Proposition 49 on the ballot to become law without his signature while worrying aloud about cluttering the ballot with nonbinding advisory measures – a somewhat craven act. He’s probably happy that the Supreme Court took him off the political hook.

Finally, the Supreme Court ruling short-circuited ambitious plans to place another advisory measure, urging Congress to pass comprehensive immigration reform, on the same ballot. It was designed to boost Latino voter turnout.

As the Supreme Court declared three decades ago, and Justice Liu echoed in his addendum, the ballot should not be a public opinion poll.

It should remain a forum for deciding real laws, and not be cluttered with feel-good measures that have ulterior political motives.

Dan Walters is a columnist for the Sacramento Bee. Reach him as dwalters@sacbee.com.

LEAVE A COMMENT

Discussion | 1 comment

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • JimboAugust 17, 2014 - 10:42 am

    This corporate shill writer goes into this rant and has the nerve to end with 'measures that have ulterior political motives' of course totally ignoring that the Citizens United ruling does THAT VERY THING!

    Reply | Report abusive comment
.

Solano News

Christmas comes early to San Marco Street park

By Ryan McCarthy | From Page: A1, 6 Comments | Gallery

 
Travis squadron delivers Christmas gifts to East Tabor

By Ryan McCarthy | From Page: A1 | Gallery

 
 
 
 
Multiple car accident blocks I-80 in Vacaville

By Glen Faison | From Page: A3, 2 Comments | Gallery

 
Famous Creations’ toy drive and cupcake sale

By Daily Republic staff | From Page: A4 | Gallery

Last-minute shopping at Vacaville Premium Outlets

By Daily Republic staff | From Page: A4, 1 Comment | Gallery

 
Kitchen fire dislocates family for Christmas

By Susan Hiland | From Page: A4, 3 Comments | Gallery

Suisun City police log: Dec. 20, 2014

By Susan Hiland | From Page: A9

 
Fairfield police log: Dec. 20, 2014

By Susan Hiland | From Page: A9

Weather for Dec. 22, 2014

By Daily Republic | From Page: B10

 
.

US / World

A look at the 2 NYC officers killed in ambush

By The Associated Press | From Page: A1

 
Killer of 2 NYC officers had long criminal history

By The Associated Press | From Page: A1, 4 Comments

 
Killings of 2 New York officers trigger backlash

By The Associated Press | From Page: A1, 7 Comments

California puzzles over safety of driverless cars

By The Associated Press | From Page: A1, 5 Comments

 
Timeline of events before and after NY cop deaths

By The Associated Press | From Page: A1

Pakistan makes arrests in Taliban school carnage

By The Associated Press | From Page: A5

 
Tent city sprouts in shadow of downtown Detroit

By The Associated Press | From Page: A5

 
US mulls putting NKorea on terrorism sponsor list

By The Associated Press | From Page: A5

Satanic Temple puts up display at Michigan Capitol

By The Associated Press | From Page: A5, 9 Comments

 
Australian woman charged with murder of 8 children

By The Associated Press | From Page: A5

Exit poll: Ex-regime official is Tunisia’s new president

By The Associated Press | From Page: A5

 
.

Opinion

Faust and the 2015 federal budget

By Mike Kirchubel | From Page: A8, 17 Comments

 
Obama, surgeon general still losing to NRA

By Francis Wilkinson | From Page: A8, 5 Comments

Let the music begin

By Colleen Britton | From Page: A8, 4 Comments

 
Editorial Cartoon: Dec. 22, 2014

By Daily Republic Syndicated Content | From Page: A8

 
.

Living

Today in History: Dec. 22, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Dec. 22, 2014

By Susan Hiland | From Page: A2, 1 Comment

Horoscopes: Dec. 23, 2014

By Holiday Mathis | From Page: B5

 
 
Horoscopes: Dec. 22, 2014

By Holiday Mathis | From Page: A7

.

Entertainment

TVGrid Dec 22

By Daily Republic Syndicated Content | From Page: B6

 
TVGrid Dec 23

By Daily Republic Syndicated Content | From Page: B7

‘Hobbit’ goes out on top with $90.6 million 5-day debut

By The Associated Press | From Page: B7

 
Good news from Tom Brokaw: His cancer is in remission

By The Associated Press | From Page: B7

Review: ‘The Interview’ deserves to be seen

By Jake Coyle | From Page: B7

 
Happy day: Elton John, David Furnish marry in England

By The Associated Press | From Page: B7

.

Sports

The Week Ahead: Not much of a break for Christmas

By Paul Farmer | From Page: B1

 
Steelers, Packers win, move into playoffs

By The Associated Press | From Page: B1 | Gallery

Raiders knock Bills out of playoffs with 26-24 win

By The Associated Press | From Page: B1 | Gallery

 
Kings snap 5-game losing skid, beat Lakers 108-101

By The Associated Press | From Page: B1 | Gallery

Burns gives Sharks late-night win over Blues in OT

By The Associated Press | From Page: B1

 
NFL Roundup: Cowboys end 4-year drought, make playoffs

By The Associated Press | From Page: B2 | Gallery

7 hurt when lightning strikes near Tampa Bay game

By The Associated Press | From Page: B2

 
India’s Arjun Atwal wins Dubai Open

By The Associated Press | From Page: B2

Documents: FSU QB Winston cleared in conduct hearing

By The Associated Press | From Page: B2

 
Super-G crash makes Vonn wait in bid for record

By The Associated Press | From Page: B2

.

Business

US companies eager to embrace Cuba face hurdles

By The Associated Press | From Page: B6

 
Survey: US gas prices fall 25 cents per gallon

By The Associated Press | From Page: B6

.

Obituaries

Marian Kay Zutz

By Nancy Green | From Page: A4

 
Bart Ferro

By Nancy Green | From Page: A4

.

Comics

Beetle Bailey Dec 23

By Daily Republic Syndicated Content | From Page: B4

 
Peanuts Dec 23

By Daily Republic Syndicated Content | From Page: B4

Garfield Dec 23

By Daily Republic Syndicated Content | From Page: B4

 
For Better or Worse Dec 23

By Daily Republic Syndicated Content | From Page: B4

Baldo Dec 23

By Daily Republic Syndicated Content | From Page: B4

 
Blondie Dec 23

By Daily Republic Syndicated Content | From Page: B4

Dilbert Dec 23

By Daily Republic Syndicated Content | From Page: B4

 
Frank and Ernest Dec 23

By Daily Republic Syndicated Content | From Page: B4

Sally Forth Dec 23

By Daily Republic Syndicated Content | From Page: B4

 
B.C. Dec 23

By Daily Republic Syndicated Content | From Page: B4

Wizard of Id Dec 23

By Daily Republic Syndicated Content | From Page: B4

 
Baby Blues Dec 23

By Daily Republic Syndicated Content | From Page: B4

Zits Dec 23

By Daily Republic Syndicated Content | From Page: B4

 
Get Fuzzy Dec 23

By Daily Republic Syndicated Content | From Page: B4

Pickles Dec 23

By Daily Republic Syndicated Content | From Page: B4

 
Rose is Rose Dec 23

By Daily Republic Syndicated Content | From Page: B4

Sudoku Dec 23

By Daily Republic Syndicated Content | From Page: B5

 
Bridge Dec 23

By Daily Republic Syndicated Content | From Page: B5

Word Sleuth Dec 23

By Daily Republic Syndicated Content | From Page: B5

 
Crossword Dec 23

By Daily Republic Syndicated Content | From Page: B5

Cryptoquote Dec 23

By Daily Republic Syndicated Content | From Page: B5

 
Get Fuzzy Dec 22

By Daily Republic Syndicated Content | From Page: A6

Baby Blues Dec 22

By Daily Republic Syndicated Content | From Page: A6

 
Baldo Dec 22

By Daily Republic Syndicated Content | From Page: A6

Zits Dec 22

By Daily Republic Syndicated Content | From Page: A6

 
Peanuts Dec 22

By Daily Republic Syndicated Content | From Page: A6

Dilbert Dec 22

By Daily Republic Syndicated Content | From Page: A6

 
Sally Forth Dec 22

By Daily Republic Syndicated Content | From Page: A6

Pickles Dec 22

By Daily Republic Syndicated Content | From Page: A6

 
Rose is Rose Dec 22

By Daily Republic Syndicated Content | From Page: A6

Frank and Ernest Dec 22

By Daily Republic Syndicated Content | From Page: A6

 
Blondie Dec 22

By Daily Republic Syndicated Content | From Page: A6

Beetle Bailey Dec 22

By Daily Republic Syndicated Content | From Page: A6

 
Garfield Dec 22

By Daily Republic Syndicated Content | From Page: A6

B.C. Dec 22

By Daily Republic Syndicated Content | From Page: A6

 
Wizard of Id Dec 22

By Daily Republic Syndicated Content | From Page: A6

For Better or Worse Dec 22

By Daily Republic Syndicated Content | From Page: A6

 
Sudoku Dec 22

By Daily Republic Syndicated Content | From Page: A7

Cryptoquote Dec 22

By Daily Republic Syndicated Content | From Page: A7

 
Bridge Dec 22

By Daily Republic Syndicated Content | From Page: A7

Word Sleuth Dec 22

By Daily Republic Syndicated Content | From Page: A7

 
Crossword Dec 22

By Daily Republic Syndicated Content | From Page: A7