Political Parties, the Governor, and the Legislature

1
Political Parties, the Governor, and the
Legislature

• Lecture 5, pt. II
• February 1, 2006

2
Formal Powers

• Propose a budget
• Appointments
• Executive orders
• Veto powers
• Can call a special election
• Can call legislature into special session

3
Informal Powers of Governors

• The Power of Initiation
• Inaugural address and State of the State allow
  governors to argue for change.
• Executive orders can get part of a proposal done.
• Governors can call special sessions for
  particular purposes.

4
Informal Powers of Governors

• The Power of Provision
• Any legislator who says he needs nothing from
  the Governors office is either lying or stupid.
  
• Appointments are legislators patronage as well
  as governors.
• Roads and other state projects
• Social events

5
Informal Powers of Governors

• The Power of Publicity
• Governors are almost always more popular than the
  Legislature
• This gets them on TV, etc.
• Ever-elusive political capital

6
Budget Bargaining

• After the governor proposes a budget, the
  Legislature does whatever it wants.
• Senate and Assembly both hold subcommittee
  hearings, Budget Committee hearings, and pass
  bills.
• Then the real bargaining begins.
• The budget needs to pass with a 2/3 majority,
  giving minority party a voice.

7
Budget Bargaining

• The Big Five often negotiate the real budget
  deal
• The Governor
• Assembly Speaker
• Assembly Minority Leader
• Senate President Pro Tempore
• Senate Minority Leader

8
Budget Bargaining

• The Big Five often negotiate the real budget
  deal
• The Governor Arnold Schwarzenegger
• Assembly Speaker Fabian Nuñez
• Assembly Minority Leader Kevin McCarthy
• Senate President Pro Tempore Don Perata
• Senate Minority Leader Dick Ackerman

9
Changes to the Guvs Budget
Changes represents the ratio of the total
line-by-line changes made by the Legislature to
the total final appropriation levels in health
care, higher education, and business services.
10
The CA Legislature

• Assembly
• 80 members
• 2 year terms (limited to 3 terms by Prop. 140)
• Each represents about 460,000 people
• Senate
• 40 members
• 4 year terms (limited to 2 terms by Prop. 140)
• Each represents about 920,000 people
• Highly professionalized

11
CA Legislature v. Congress
12
Professionalizing the CA Leg.

• Artie Samish and his Amateurs
• Jesse Unruh and professionalism
• Moving the 3rd House into the Speakers Office
• Defining Professionalism

13
Artie Samish and His Amateurs
"And how are you today, Mr. Legislature?"
Colliers Magazine, August, 1949
14
Artie Samish and His Amateurs

• The Secret Boss of California
• Represented the liquor industry, horse racing,
  banks, chemical manufacturers, and transportation
• Turned payments from companies and into votes
• The Samish system
• Select and elect--selected likeminded candidates
  and helped them win
• Campaign contributions in exchange for influence

15
The CA Legislature circa 1950

• Influenced by the Third House, which dangled
  answers and treats
• Possessed of less information and patience than
  the full time executive branch
• Tilted in favor of rural interests

16
Representation circa 1950

• Malapportionment Any drawing of legislative
  districts that does not lead to equal populations
  in districts
• Californias 80-member Assembly was loosely based
  on population, but 40-member Senate went by
  county lines
• 7 million voters vs. 29,000 voters
• Outlawed by Reynolds v. Sims (1964)

17
Jesse Unruh Professionalism

• Elected to the Assembly from Los Angeles in 1954
• Unruh shifted power in the Legislature by
• Moving the 3rd House to the Speakers office
• Professionalizing the Legislature through
  Proposition 1A in 1966

18
Moving the Third House

• How did the new system work?
• Money went to Unruh.
• Big Daddy dispensed campaign funds, legislative
  perks, and other goodies to those in need.
• Legislators supported him for Speaker and his
  interests

19
Professionalization

• As Speaker from 1961-68, professionalized the
  Legislature
• Staff More and more expert
• Salaries Enough to make it a career
• Session Length Full time not part time

20
Legislative Days
21
Professionalization
22
Proposition 1A (1966)

• Allowed the Legislature to set its own calendar
  and salaries.
• Passed by a 3-1 margin.
• Unruh also hired expert staffers so that the
  Legislature could be independent of lobbyists and
  the governor.

23
Benefits of Professionalism

• Made legislature transformative. In contrast to a
  parliament that rubber stamps cabinet requests,
  it could change proposals and design bills of its
  own.
• Expert staff made lobbyists less powerful.
• Full-time members not tied to the whims or
  special interest of a day job.

24
Problems with Professionalism

• Power of incumbency grows with increased
  resources, makes government less responsive.
• Special interests still wield power through
  campaign contributions.
• Career politicians drawn from ranks of staff
  and local office.

25
Power in the Legislature

• Assembly Speaker
• Assembly Rules Committee
• President of the Senate (Lt. Governor)
• President Pro Tempore of the Senate
• Senate Rules Committee

26
Legislative Process

• Members introduce but do not write
  legislation.
• Legislative Council writes the legislation.
• Passage requirements
• Most issues, chamber majority
• Bills that require 2/3 majority
• Most appropriations
• Amending Lottery Act or Three Strikes Law
• Suspending Prop. 98
• Overriding veto
• Adopting constitutional amendments

27
Court Structure

• Historically, four levels
• State Supreme Court
• Courts of appeal
• Superior courts
• Municipal courts
• Municipal courts eliminated in 1998
• Appointments are not for good behavior

28
California Courts
29
California Courts

• Total filings in 2003-2004 8.8 million
• Court of Appeal
• Records of Appeal filings 14,300
• Total contested matters 22,824
• Supreme Court 8,564
• 3 out of 10 cases are filed in Los Angeles County
• Employees (2004 actual)
• 1,498 judgeships
• 417 subordinate judicial officers
• 19,072 FTEs (not including SJOs)

30
Court Workload, 2003-04