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    Research Topic About America
     - Article by Joyce Rosenwald
    CONCEIVED IN LIBERTY


    Resolution of the Kentucky Legislature on 19 November, 1799 declared:
    Whensoever the general government assumes undelegated powers, its acts are unauthoritative, void and of no force; that to the contract (the Constitution) each State acceded as a State and is an integral party; that government created by this Contract was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the Constitution, the measures of its powers. But,

    Continued

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    MONDAY MORNING MEMORANDUM By Assemblyman Ray Haynes March 14, 2005 A Parliament Of Fools Most people don’t actually know what goes on in the Legislature. In fact, most stories about what actually happens “under the dome” in Sacramento are met with incredulity. No way could that happen, I am told. I must be exaggerating to embarrass the Democrats. This week saw the beginning of hearings on legislation in Sacramento. Of course, we have been in session for two months, but we are just now actually beginning to consider new ideas for laws from our elected officials. I wish we would be in session for six months before we did anything, because you would be safer that way, but as it is, we only waste two months of your time and money before getting to “the business of the people”. With that caveat, here is the story of one of those hearings. There were two bills in front of the Assembly Business and Professions Committee, one of which happened to be mine. How each bill was handled by the committee is a study of a truly dysfunctional institution. You and I know we have a broken budget process—a budget with a permanent, structural deficit. One of the reasons the budget is broken is the process by which Legislature addresses the budget. Once a program is funded (by giving it money in a “line item” in the budget), the Legislature never again looks at the program, how it has grown, how much money it is spending, and whether that money is actually accomplishing what the program intended to accomplish. That is because the budget committees only review what is known in the capitol as “budget change proposals” (BCPs). These BCPs are the bureaucrats requests for changes in programs in the upcoming budget year. These BCPs rarely analyze current or previous year spending, program accomplishments, or how the extra money will help the bureaucracy do a better job. If anyone in the Legislature or the public try to compare one year’s spending to the next, it is virtually impossible. The one time I asked for the information, the bureaucrats came running to my office to ask me why I wanted it, and ultimately refused to provide it to me, even though it would be helpful in the review of this agency’s budget. The budget chairman backed the agency, basically saying he didn’t want to know the spending history of this agency. So I put in a bill to have the spending history be a part of the budget process. I first did this in the Davis administration, and the Democrats voted the idea down because they thought it would embarrass Davis. I put the bill in this time to show my intent was good government, not partisan bashing. It turns out the Democrats don’t even want the information. The committee spent about twenty minutes listening to the bill, and then turned it down without questions or discussion on the merits of the bill. Contrast that with a bill in front of the same committee on “hair threading.” Hair threading is an Asian practice which has the same effect as waxing. A few years ago, the Legislature said hair threaders don’t need a cosmetology license. The bureaucrats tried to re-regulate these women business owners by ruling that a cosmetology license was necessary for those threaders who used scissors to cut the one or two eyebrow hairs missed by the threading process. The committee spent an hour debating whether cutting one eyebrow hair is worthy of setting the full power of our criminal justice system against one of California’s hard-working citizens. The committee will pass a bill to protect the threaders. They spend an hour (and vote favorably) for one eyebrow hair; and give twenty minutes and a negative vote on a proposal to avoid future multi-billion dollar budget deficits. What on earth are these people thinking? ****************************** 'Rich' conspiracy taxes logic http://www.washtimes.com/commentary/20050306-100023-9517r.htm 03-07-05 Tax time fast approaches and, with it, the need for an honest re-evaluation of who is in the middle class and who pays most of the income taxes. Perhaps no other public policy area is more clouded by "myth conceptions" than our federal tax system. That's why last week's latest "Tax Watch" study from the nonpartisan Tax Foundation is a timely breath of fresh air, and should be required reading on Capitol Hill and in every news bureau. For example, did you know, this year, a record 44 million Americans will file tax returns but not have to pay any income taxes (because of growing deductions and credits that have effectively removed them from the tax base)? Did you know, as a result, the richest 20 percent of taxpayers -- those making more than $68,000 a year -- will pay 82 percent of all federal income tax revenue, also a record? ****************************** Tax Bill Gets Third Go-Round http://www.recordnet.com/daily/news/articles/030805-gn-4.php 03-08-05 Assemblywoman Wilma Chan wants to raise your taxes -- if you make more than $142,582 a year. This will be the third go-round for the Oakland Democrat's proposal, and she hopes this time is the charm. Republicans say it will be three strikes for Chan, however, because even though Democrats control the Legislature, tax increases require a two-thirds vote to pass. So the party needs GOP support. "It's not going to happen," said Assemblyman Dave Cogdill, a Republican whose district includes Calaveras County. ****************************** It Won’t Take An Act Of God To Restore State’s Luster http://www.mercurynews.com/mld/mercurynews/news/opinion/11071197.htm 03-07-05 To know what California can be, it's important to remember what it once was. A generation ago, California's highways were the envy of the world. We had one of the finest school systems in the country and one of the finest university systems in the world. Electricity was so cheap that there was serious discussion of abandoning electricity meters. The state water project promised abundant supplies to complete the greening of California. ****************************** Democrats Squirm As Exit Exam Grows Closer http://www.sacbee.com/content/opinion/story/12512746p-13368137c.html 03-07-05 Back before the energy crisis and the dot-com crash, before Gov. Gray Davis became, prematurely, former Gov. Gray Davis, the once-centrist Democrat showed vision, toughness and political courage in pushing a package of education reforms through the Legislature. Now, ironically, the centerpiece of that package - the California High School Exit Exam - is under fire from Davis' fellow Democrats. ****************************** Facts versus Fears on Biotechnology http://www.intellectualconservative.com/article4193.html 03-08-05 Misplaced opposition to genetically modified crops violates poor people’s basic human rights. The Congress of Racial Equality’s recent conference, video and commentary on agricultural biotechnology presented personal testimonials from African farmers whose lives have been improved by genetically modified (GM) crops, impressive data on progress, and a message of hope for poor, malnourished people in developing countries. The response has been overwhelmingly positive. But not from all quarters. Predictably, anti-GM zealots continue to offer a steady stream of unsupported and unsupportable invective. To hear them tell it, biotechnology is a “scourge” that will do nothing to save lives or reduce poverty and malnutrition. “Evil multinationals” like Monsanto are determined to impose “a new form of slavery” that will “displace” poor people from their lands. The fear-mongering would be hilarious, if the hate-GM campaign didn’t have such tragic consequences for a world where 800 million people are chronically malnourished, and 3 billion struggle to survive on less than $700 a year. A healthy dose of facts is in order. ****************************** Blind Date? More To Dating Service Bill Than Meets The Eye http://www.sacbee.com/content/politics/story/12523619p-13379140c.html 03-07-05 At first glance, AB 1681 appears to be one of those only-in-California exercises in cultural evolution and government regulation, something like the measure to ban cosmetic surgery on dogs. Introduced by Assemblywoman Fran Pavley, D-Agoura Hills, it would require online dating services to either conduct criminal background checks on clients or advise other clients that it doesn't conduct such checks. ****************************** Let’s Judge Teachers On Merit Basis http://www.dailynews.com/Stories/0,1413,200~24781~2749692,00.html 03-08-05 Imagine you are working at a company where you are responsible for 20 to 30 individuals. They are expected to learn and master new material each year. You work extra hours, come up with innovative strategies where the individuals you are charged with not only master the material, but excel beyond what they are expected to learn. Your colleague was hired at the same time as you and has the same responsibilities. He did not take his job as seriously. ****************************** State Throws Cash At Welfare Lobby http://www.dailynews.com/Stories/0,1413,200~24781~2746561,00.html 03-07-05 Who is needy in California? The state treasury raked in $5 billion extra this year, state officials say, but because of what Finance Director Tom Campbell calls "autopilot spending," we must pay out $10 billion extra - $5 billion more than we got. Special-interest groups say much of it can't be helped - it's for the "poor." For years, the Legislature has been busy shifting the earnings of one group of Californians into the pockets of another. ****************************** Bloggers Beware Threats to the status quo are always ripe for "reform" http://www.reason.com/hod/js030805.shtml 03-08-05 Bloggers were one of the big political successes of the 2004 election. This motley group of opinionated writers used their cyber soapboxes to attack and defend the presidential campaigns and the two major parties. Their websites offered a fresh look at politics and implicitly undermined the Establishment media that so many Americans have come to distrust. In other words, bloggers used freedom of speech to improve American democracy. Naturally the federal government is about to come down hard on bloggers. Here's why. In 2002, Congress passed the McCain-Feingold campaign finance law which restricted political advertising by corporations and labor unions on television and radio. The Federal Election Commission—the agency charged with implementing McCain-Feingold—initially decided that Congress had not intended to restrict political speech on the Internet. Last fall, a federal judge said exempting the Internet from the law's restrictions on political speech would undermine McCain-Feingold. Now the FEC is back at it trying to figure out how to restrict political speech on the Internet. If you care about freedom of speech, there are good reasons for concern. ****************************** Bill Has A ‘Fat’ Chance http://www.contracostatimes.com/mld/cctimes/news/opinion/11071303.htm 03-07-05 Californians are fat and we're mad as heck about it. So, naturally, we must sue somebody. It is, after all, the American way. Well, not if local Assemblyman Guy Houston gets his way. Houston, R-Livermore, wisely introduced AB 173 into the California Assembly. If passed, the bill would limit individuals' ability to sue restaurants for health problems related to obesity. ****************************** Teach Innovation http://www.pe.com/localnews/opinion/editorials/stories/PE_OpEd_Opinion_D_op_08_ed_schools1.a0f1b.html 03-08-05 Accountability requires flexibility and control. Both are scarce in many California school districts. Between bureaucratic mandates from Washington and pressure to tailor lesson plans to standardized tests, too many teachers and principals find themselves mired in rote and repetition. But the Legislature might soon restore the spirit of innovation to local classrooms. Assemblyman Mark Wyland, R-Escondido, plans this week to introduce legislation for a five-year pilot project to give principals and teachers many of the freedoms enjoyed by California's burgeoning charter schools. ****************************** Full legislative text, analyses and votes are available on the State web server at: http://www.leginfo.ca.gov Assemblyman Haynes’ office can be reached at (951) 699-1113 in Temecula or in the Capitol at (916) 319-2066 To subscribe to this Memorandum by e-mail, please send a request to: Assemblymember.Haynes@assembly.ca.gov To Contact State Senators: http://www.sen.ca.gov/~newsen/senators/senators.htp To Contact State Assemblymembers: http://www.assembly.ca.gov/acs/acsframeset7text.htm Redistribution or reproduction of this Memorandum with attribution is permitted and encouraged!
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