Constitutional Law,
Letters
Mar. 25, 2014
Another route for proponents to pass the 'Six Californias' initiative
Re: Six Problems With 'Six Californias' Initiative," March 11.
David Carrillo and Stephen Duvernay's article, "Six Problems With 'Six Californias' Initiative" (March 11), offers a thoughtful critique of certain constitutional aspects of that initiative. They are clearly correct in their principal critique to point out that the initiative seeks to "revise" the state Constitution (requiring a Legislative supermajority, state constitutional convention, and majority vote of the citizens) rather than merely "amend" it (requiring only a majority vote of the citizens after the required petition signatures have been obtained).
However, the proponents of the initiative could effectively respond to this critique by first passing an initiative that only "amends" the "revision" provision of the Constitution (Article 18, Sections 1-2) itself to authorize the Californian people to form new California states by a simple majority of the voters (followed, perhaps, by a simple majority vote of the state Legislature to address the federal constitutional concerns which the authors also raise).
While many Californians (and certainly Congress) might be quite reluctant to form six new Californias in one fell swoop, many might be quite ready and willing to form two Californias - a Northern California and a Southern California (perhaps sharing as their border the straight line of latitude now running between Monterey and San Luis Obispo counties).
Importantly, this would double the current representation of Californians in the U.S. Senate. It would also helpfully reduce the very large legislator-to-population ratios that now exist in this state (i.e., one state senator per 900,000 residents).
Moreover, Northern California and Southern California have long been regarded as distinct geographic and social areas in the minds of most Californians. Californians may soon want to make them two distinct states in fact and law as well.
It wouldn't be the first time Congress has allowed new states to emerge from old ones (e.g., Maine, West Virginia and Kentucky). While forming new Californias may present sizable constitutional and public policy challenges, it may also ultimately emerge as a proposal whose merits will overcome those challenges.
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