Silicon Valley’s Leftists and the Night of the Slap Drones

internetSome of them, the big ones, will intrude the old fashioned way, beating down the door. Maybe others will look like insects, crawling innocuously across your property to come inside through your drains and A/C ducts. Or they’ll find an open window.

Across America, they’ll come by the millions, having manufactured themselves. They’ll be several generations smarter than the smartest smart phone in existence today. They’ll know everything about you, and at 4:30 a.m., on a hot night in late June, all at once they’ll come for you and everyone like you. Some of you will die, deemed to dangerous to live, but most of you will just be humanely incapacitated. Against all this technology, your AR 15 rifles are pathetically inadequate. Remember that. When it comes to protecting yourself from a tyrannical government, your guns are obsolete.

This may be a hypothetical scenario, but it isn’t a fantasy. It’s less than a decade from being technically feasible, if it isn’t already.

The Virtual Panopticon is Already Here

High technology has already transformed our military and law enforcement. Autonomous warfare is a new reality, relegating inhabited ships and planes to irrelevance in a transformation of stupefying velocity and consequences. Robots now patrol shopping malls and parking lots. Police drones watch us from above. Cameras (with blinking lights) now surveil even residential neighborhoodsNetworked cameras are using AI to monitor license plates, identify individuals via facial recognition, and respond to “suspicious anomalies.” Applying the concept of “crime prevention via environmental design,” police camera surveillance is being augmented by “directly linking into residential and business cameras.”

So what, right? We want to be safe. We’re not doing anything wrong.

Hold that thought. Let’s continue.

Do you use the internet? Of course you do. This means the government is able to (1) monitor your phone records, (2) mandate ISPs to turn over records of your online activity, (3) hack your mobile and wireless devices, (4) utilize “back doors” into your encrypted apps, (5) track your location at any time via your cell phone, (6) tap into any internet line, (7) monitor all your financial transactions, and (8) read your email.

Big deal. My life is boring. Have a look. Knock yourself out. I don’t care. Ok, here are a few more reminders of just how far big tech has intruded into our lives.

Do you use a washer, a dryer, a dishwasher, a refrigerator, an air conditioner, and, of course, a television? What about a coffee maker, an oven, an air purifier, or a clock or a radio? Do you have a swimming pool? Do you water your lawn?  Well guess what, the “internet of things” means all of that is being remotely monitored. And if none of your appliances are “connected,” it doesn’t necessarily matter. If you use electricity, there is now software that “profiles” anything that’s plugged into an electrical outlet, then generates a database of unique appliance signatures to “train an artificial neural network that is employed to recognize appliance activities.”

And then there are our new and omnipresent digital helpmates, SiriAlexaGoogle Assistant, and all the rest of those devices who talk to you and listen to you.

It’s all wondrous. Bring it on. The fun has just begun. Wait till the androids arrive; we’ll marry themgive them rightslet them vote and own property. Because they aren’t going to be remotely monitored, and they won’t adhere to programs written by human beings with an agenda. Of course not. Relax. But someday soon, try to tell an atheist who married his android that it’s just a toaster, and that apart from big brother watching from afar, nobody’s home inside.

If you think the millions are brainwashed today, imagine tomorrow.

The Owners of the Panopticon are Leftist Oligarchs

Which brings us to the big tech giants who have created near monopolies on how we communicate online, how we learn, how our opinions are shaped, and what we believe in. We have seen how, in order to influence elections and mass political sentiments, Google manipulates search results, Facebook meticulously curates fantastically detailed profiles of its billions of users at the same time as it suppresses politically incorrect views, YouTube selectively demonetizes or restricts videos, and Twitter “shadowbans.” And we know they coordinate their efforts. Where’s this headed?

If you want to know where high technology is taking us, go to the Silicon Valley, in sunny California. In this epicenter of high tech, Santa Clara County, 45% of working age residents (25-45) are foreign born. These foreigners tend to be either wealthy, highly educated Asians who own and work in high tech companies, or relatively poor, uneducated Latin Americans who do menial service jobs. That dichotomy is reflected in the price of housing, bid upwards by Asian immigrants who bring with them suitcases full of cash, and the poverty rate, pushed up by hard working, low wage Latino immigrants who can’t afford the cost of living. Santa Clara’s median home price is $925,000 and the poverty rate is 9.4%. But how are these demographics represented in Silicon Valley’s politics?

The White liberal elite, who love to hire Asian programmers on H-1 visas (thousands of whom are foreign agents), and love to hire Mexicans and Central Americans to cook, clean, landscape, and drive down wages for service workers across the board, have concocted a winning political message. It is cynical and dishonest, but devastatingly effective. They posture and bellow as loud and as often as they can how much they care about “people of color” and “diversity,” at the same time as they enact draconian restrictions on land development, conventional energy use, or any sort of infrastructure investment that might actually help lower the cost of living. For them, it doesn’t matter. They’re rich.

And now they have Donald Trump, the most convenient boogeyman in the history of American liberalism.

Leftists Want to Turn America into California

One recent and very representative expression of the liberal arrogance that informs the Silicon Valley elite is an influential article written early in 2018 by Peter Leyden, a journalist and entrepreneur who calls Silicon Valley home. Entitled “The Great Lesson of California in America’s New Civil War,” the article claims “there’s no bipartisan way forward at this juncture in our history — one side must win.” Perhaps, sadly, that is the only thing in this frighteningly arrogant manifesto where everyone might find agreement.

Leyden’s partisan certainty is only matched by his astounding failure to recognize the cold reality of his state’s supposedly enlightened policies. He writes “Since 1980, their [Republican] policies have engorged the rich while flatlining the incomes of the majority of Americans. But California has the fourth highest rate of income inequality in the U.S., eclipsed among major states only by the equally Democrat-controlled New York. Leyden is invited to take a walk through the barrio in East San Jose, or the ‘hood up in San Francisco’s Hunters Point. He should ask the residents how they feel they’re being served by the politicians running California. He should ask them how they like watching millions of wealthy Asian immigrants buy up all the homes and drive up the prices, while poor Latino immigrant workers drive down all the wages.

When it comes to “climate change,” Leyden’s pronouncements are also representative of California’s liberal elite. In between his despicable use of the term “Deniers,” which equates climate skeptics with holocaust deniers, Leyden writes “California is leading the world in technological innovation and creative policies to counter climate change.” But what if Leyden and all his alarmist cohorts are dead wrong? What if the debate over climate change should not be silenced? Because what if including clean fossil fuel and safe nuclear power is the only possible way humanity can rapidly and effectively empower aspiring billions of people in the developing world, delivering the energy-driven prosperity to their cultures that is absolutely correlated to lower birthrates? What if renewable power is actually less sustainable? More immediately, what if creating this artificial scarcity of energy is making it impossible for low-income Californians to pay their bills? But the elite don’t care about that. They’re rich.

By the way, try to search for balanced material on clean energy on Google – you pretty much can’t find it. And if you can still find robust links to credible information produced by climate contrarians on your Facebook feeds, know that you are only seeing them because Facebook has put you into a “silo.” Those with online activity patterns that indicate they aren’t already receptive to climate contrarianism will NOT see those links. They won’t know. They will view monolithically packaged information spreading one message – the debate is over, fossil fuel and nuclear power are bad for humanity and the earth. Case closed. Ditto for every other important, politically incorrect premise of conservatism.

The War for America’s Future is Happening Now, and Later will be too Late

There’s nothing wrong with some immigration; there’s nothing wrong with investing in renewable energy. But to brand the skeptics as “racists” and “deniers,” and to suppress their arguments in the electronic public square – that is where the Silicon Valley abuses their power. And it has just begun.

The most chilling part of Leyden’s discussion on the virtues of California’s “one party state” is when he asserts “America today does exhibit some of the core elements that move a society from what normally is the process of working out political differences toward the slippery slope of civil war.” He goes on to write “two different political cultures already at odds through different political ideologies, philosophies, and worldviews can get trapped in a polarizing process that increasingly undermines compromise. They see the world through different lenses, consume different media, and literally live in different places. They start to misunderstand the other side, then start to misrepresent them, and eventually make them the enemy. The opportunity for compromise is then lost. This is where America is today. At some point, one side or the other must win – and win big. The side resisting change, usually the one most rooted in the past systems and incumbent interests, must be thoroughly defeated — not just for a political cycle or two, but for a generation or two.”

Leyden’s remarks epitomize the implacable resolve of the left wing in America. He should be taken seriously. “One side or the other must win – and win big.”

The problem here, of course, is that we “deplorables” don’t want to be “thoroughly defeated.” We don’t want to live in a nation where we can’t afford homes, we can’t find good jobs, we can’t afford heating or cooling, and our transgressions are perpetually monitored inside and outside our rented apartments. We don’t want to live in “smart growth” communities where the only places we can afford to live are in high rises and the only transportation we can afford to use are trains and buses. We don’t want our culture destroyed by mass immigration nor do we want our economic ambitions crushed by unfair trade and punitive environmental mandates. We don’t like what the Democrats have done to California. We’re not going to accept their way of life.

Silicon Valley is the origin of modern high technology. It has offered innovations, most of them desirable if not the stuff of dreams. It is transforming the world. But it is easy to imagine how so much power can be misused. And Silicon Valley today is controlled by leftists. These high-tech titans form the most powerful group in a leftist coalition that includes academia, entertainment, mainstream media, and the HR departments in every major corporation in America. If you don’t think this coalition is powerful enough to take over the federal government and turn America into California, you’re dreaming.

Which brings us back to the Night of the Slap Drones. Back in June, 1934, another virulent pack of leftist utopian fascists decided that the “side resisting change” had to be “thoroughly defeated.” Within hours, on this “Night of the Long Knives,” hundreds of people identified as the resistance were silenced forever – shot in their beds at 4:30 in the morning, or arrested and hung within days. And if it happens this time, it won’t be knives and guns that do the killing. It will be robots and drones, controlled by the left-wing oligarchs and their minions of “anti-fascist” true believers, the elite of the Silicon Valley.

Stop them now. Because if and when they take power, resistance will be futile.

Ed Ring is a fifth-generation Californian with more than 20 years experience in business and politics, primarily with start-up and early-stage organizations. He is a prolific writer on the topics of political reform and sustainable economic development. Ring has an undergraduate degree in political science from UC Davis, and an MBA in finance from the University of Southern California.

This article originally appeared on the website American Greatness.

Proposition 5: The Property Tax Transfer Initiative

property taxProposition 5 will be on the November 6, 2018 statewide ballot and could provide you property tax relief if you are a qualified California homeowner.

If passed, Proposition 5 will extend Proposition 13 property tax benefits.

First, a brief history of property tax propositions:

  • Proposition 13 passed in 1978 making base property tax 1%, with 2% maximum annual increases.
  • Proposition 60 authorized seniors a one-time move of the property tax to another property. In the same county if the new home’s purchase price is equal to or less than the sold dwelling.
  • Proposition 90 allowed counties to accept Proposition 60 property tax basis from a home sold in a different county to be applied to those that accept low property tax transfers. 10 counties have opted into accepting these transfers.

What is being considered today:

  • If passed, Proposition 5 will make it so that those 55 and older will be able to move their Proposition 13 tax benefit to a home of any value, anywhere in California any number of times. Plus, Proposition 5 adds two addition categories of persons: those that lose their home to natural disasters and the permanently disabled homeowners of any age.

If you are thinking of moving call me at 949-616-2988 to discuss your particular circumstance.

Note: this article is not tax or legal advice.

For further details about Proposition 5 and how it may affect you read the information below.

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The California Association of Realtors sponsored the initiative and referred to it as the “People’s Initiative to Protect Proposition 13 Savings.” The California Attorney General describes Proposition 5 as “Changes Requirements for Certain Property Owners to Transfer their Property Tax Base to Replacement Property. Initiative Constitutional Amendment and Statute.”

Starting January 1, 2019 three segments of the population would be enabled to benefit from the passage of Proposition 5, they include: 1) homeowners over 55 with their primary residence in California, 2) homeowners that have had their primary residence substantially damaged or destroyed by a disaster, as declared by the Governor and 3) any homeowners that are a severely and permanently disabled person.

To fully understand the significance of the 2018 Proposition 5 you will need to have a basic understanding of the Howard Jarvis’s lauded Proposition 13, passed in 1978, along with Proposition 60, passed in 1986, and Proposition 90, passed in 1988.

Proposition 13 made it state law that property tax base rates are 1% of the full cash value, usually the purchase price, (minus the $7,000 homeowners’ exemption) and that the property tax may only increase a maximum of 2% per year.  Proposition 13 defined “full cash value” as the county assessor’s valuation of real property as shown on the 1975-76 tax bill under “full cash value” or the appraised value of real property when purchased, newly constructed, or a change in ownership that occurred after the 1975 assessment.

Proposition 60 allows seniors a one-time opportunity to use the Proposition 13 benefit of having their lower property tax basis transferred to a newly purchased replacement dwelling. Seniors are defined as any person over the age of 55 years and includes a married couple one member of which is over the age of 55 years. The current law in place is that the replacement dwelling must be of equal or lesser value than the dwelling to be sold. Proposition 60 only applies to intra-county primary residence replacements and was enhanced with the passage of Proposition 90.

In 1988, Proposition 90 was passed and enhances the Proposition 60 benefits by allowing counties to opt into allowing Proposition 60 transfers of property tax basis from other counties. Only 10 counties in California have chosen to accept this inter-county property tax bases, they include: Alameda, El Dorado, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Mateo, Santa Clara and Ventura counties.

Proposition 5 would enhance Propositions 60 and 90 by allowing homeowners 55 years of age or older to transfer their Proposition 13 tax basis to a home of any price (proportionally), located anywhere in the state, any number of times. Let me provide a hypothetical example to explain by what I meant by proportionally. Say you purchased your home 21 years ago for $200,000, with a property tax basis of $2,000 and with compounding your property tax basis is now $3,000 and your home is now worth $900,000 and you want to purchase a home for $1,200,000. You sell the less expensive home and purchase the home that costs $300,000 more, your property tax basis from the original home would move with you for the first $900,000 in value and your property tax basic 1% levy would only increase by the difference in the full cash value. Your new property tax would be the $3,000 moved basis plus an additional $3,000 for the property tax on the increased value. Therefore, your property tax base would be $6,000 instead of $12,000 (see Figure 1).

Figure 1, Buy Up Example

Figure 1, Buy Up Example

If you want to buy a less expensive home, your property taxes will be reduced proportionally equal to the original home. Any replacement property of equal or lesser value purchased or newly constructed by a person eligible to transfer the base year value of his or her original property, the base year value of the replacement property will be calculated by dividing the base year value of the original property by the full cash value of the original property, and multiplying the result by the full cash value of the replacement property. If in the same scenario as above, you sold your $900,000 property and purchased a $450,000 home the new property tax would be half of the new sale price or $1,500 per year (see Figure 2). The buy down is a little harder to follow so let me provide a second example. If your existing home sells for $600,000 and your property tax is $2,000 and you purchase a home for $400,000 your new property tax basis would be 1% of one-third of $400,000 or about $1,333.33 per year (see Figure 3).

Figure 2, Buy Down Example 1

Figure 2, Buy Down Example 1

Figure 3, Buy Down Example 2

Figure 2, Buy Down Example 2

The benefits to those that have suffered from having their primary residence substantially damaged or destroyed by a disaster, as declared by the governor, applies to replacement properties that are comparable to the home that was damaged or destroyed without regard to the age of the owner(s). This is explicitly for a replacement property that is located intra-county. Proposition 5 has language indicating that the state Legislature may authorize each county board of supervisors to adopt, after consultation with affected local agencies within the county, an ordinance allowing the transfer of the base year value of property that is located within another county in the State.

The third category of persons that may benefit from the passage of Proposition 5 include any severely and permanently disabled person, who resides in a property that is eligible for the homeowners’ exemption. The property tax base year transfer is also applied to replacement dwellings that are purchased or newly constructed on or after June 6, 1990. The benefit would be in place regardless of the number of prior transfers, the value of the replacement home or whether the replacement dwelling is located within the same county. There are other details, but this gives you a general overview of the three classes of persons that may choose to benefit from the passage of Proposition 5.

The California Association of Realtors believes that if Proposition 5 is approved by California’s voters it would make moving between counties once again affordable for California’s retirees, help victims of officially recognized natural disasters and provide relief to the severely disabled.  These property tax benefits would result in the freeing up of home inventory and encouraging home ownership. If you are considering moving contact me to discuss your unique real estate needs, (949) 616-2988.

John Paul Ledesma, GRI | Broker Associate | HomeSmart Evergreen Realty| DRE 01810644

www.MissionViejoREDispatch.com

Note: this is not tax or legal advice.

©2018 John Paul Ledesma

Why Teachers Unions are the Worst of the Worst

Teachers unionWhen considering the influence of unions on American society, there are vast differences depending on what type of union one considers.

Private sector unions, for all the criticisms they may deserve, have nonetheless played a vital role in securing rights for the American worker. Subject to appropriate regulations, private sector unions have the opportunity to continue to play a vital role in American society. If they would bother to embrace the aspirations of their members, instead of the multinational corporations their leaders now apparently collude with, they might even support immigration reform. That would elevate the wages and benefits of all American workers, especially those doing low paying jobs.

Public sector unions, on the other hand, should be illegal. They negotiate with elected officials who they help elect. They negotiate for a share of coerced tax revenue, rather than for a share of profits, meaning there are no competitive checks on how much they can demand. The agenda of public sector unions is inherently in conflict with the public interest. But given the reality of public sector unions, it is important to recognize that some public sector unions are worse than others.

Public safety unions, for example, have successfully lobbied for pension benefits that are not sustainable. This calls for a difficult but necessary economic discussion that can only end two ways – either these pension benefits are going to be reduced, or cities and counties across California and elsewhere will go bankrupt in the next major recession. But public safety unions have not undermined their profession the way the teachers unions have.

The teachers unions are guilty of all the problems common to all public sector unions. They, too, have negotiated unsustainable rates of pay and benefits. They, too, elect their own bosses, negotiate inefficient work rules, have an insatiable need for more public funds, and protect incompetent members. But the teachers union is worse than all other public sector unions for one reason that eclipses all others: Their agenda is negatively affecting how we socialize and educate our children, the next generation of Americans.

Work Rules Harm Public Schools

One of the most compelling examples of just how much harm the teachers union has done to California’s schools was the 2014 case Vergara vs. the State of California. In this case, attorneys representing public school students argued that union negotiated work rules harmed their ability to receive a quality education. In particular, they questioned rules governing tenure (too soon), dismissals (too hard), and layoffs (based on seniority instead of merit). In the closing arguments, the plaintiff’s lead attorney referenced testimony from the defendant’s expert witnesses to show that these and other rules had a negative disproportionate impact on students in disadvantaged communities.

Despite winning in the lower courts, the Vergara case was eventually dismissed by the California Supreme Court. Teachers still get tenure after less than two years of classroom observation. Incompetent teachers are still nearly impossible to fire. And whenever it is necessary to reduce teacher headcount in a district, the senior teachers stay and the new teachers go, regardless of how well or poorly these teachers were doing their jobs. The consequences of these self-serving work rules are more than academic.

The evidence that California’s public schools are failing is everywhere. Los Angeles, a city whose residents are – perhaps more than anywhere else – representative of America’s future, is home to the Los Angeles Unified School District (LAUSD), with 640,000 K-12 students. And as reported earlier this year in the LA School Report, according to the new “California School Dashboard,” a ratings system that replaced the Academic Performance Index, LAUSD is failing to educate hundreds of thousands of students. In the most recent year of results, 52 percent of LAUSD’s schools earned a D or F in English language arts, and 50 percent earned a D or F in math. Fifty percent of LAUSD’s schools are failing or nearly failing to teach their students English or math.

Attack Innovative Charter Schools

In the face of failure, you would think LAUSD and other failing school districts would embrace bipartisan, obvious reforms such as those highlighted in the Vergara case. But instead, these unions are relentlessly trying to unionize charter schools, which would force those schools to adhere to the same union work rules. In Los Angeles, the Alliance Network of charter schools has delivered demonstrably better educational outcomes for less money, while serving nearly identical student populations.

How does it help to impose union work rules on charter schools that are succeeding academically? How does that help the children who are America’s future?

A Left-Wing Political Agenda

The other way the teachers union is unique among public sector unions is their hyper-partisanship. Despite and often in defiance of their memberships, nearly all unions are left-wing partisan organizations. Nearly all of them support left-wing causes and Democratic political candidates. But the teachers unions do so with a zeal that dwarfs their counterparts. Larry Sand, a former LAUSD teacher and prolific observer of teachers union antics, has spent years documenting their left wing agenda.

For example, reporting on the annual conventions of the two largest national teachers unions, Sand writes: “The National Education Association convention at the beginning of the month gave us a clue which theory would become reality when the union passed quite a few über liberal New Business Items, maintained its lopsided leftward political spending, and gave rogue quarterback Colin Kaepernick a human rights award. And here in the Golden State, the California Teachers Association continues its one-way spending on progressive initiatives and endorsed 35 state legislators in the June primary – all Democrats.

A week after the NEA convention, the other national teachers union, the American Federation of Teachers held its yearly wingding and left absolutely no doubt as to its future political direction. The resolutions passed by the union at the convention would make any socialist proud. Universal health care – whether single-payer or MediCare for All, full public funding for, and free tuition at all public colleges and universities, and universal, full-day, and cost-free child care are what AFT wants for the country. Additionally, the union resolved to double per-pupil expenditures for low-income K-12 districts and to ‘tax the rich’ to fully fund ‘IDEA (Individuals with Disabilities Education Act), Title I and state allocations to public colleges and universities.’”

Left-Wing Student Indoctrination

This left-wing political agenda finds its way into the classroom, of course. At the same time as California’s K-12 public school students are not being effectively taught English or math skills, they are being exposed to agenda-driven political and cultural indoctrination.

Again, as documented by Larry Sand: “Nor are textbooks safe. Communist and notorious America-hater Howard Zinn’s “A People’s History of the United States” is assigned in many high school history classes. Zinn felt that the teaching of history “should serve society in some way” and that “objectivity is impossible and it is also undesirable.” As a Marxist, he’d prefer a society that resembles Stalin’s Russia. Additionally, Pacific Research Institute’s Lance Izumi notes that pages and pages of the latest California History, Social Science Framework ‘are devoted to identity politics, and the environmentalist, sexual, and anti-Vietnam War movements, with detailed and extensive bibliographical references. In contrast, the contemporaneous conservative movement, which succeeded in electing Californian Ronald Reagan as president, with its complex mixture of social, economic and national security sub-movements, is given cursory and passing mention, with no references provided.’”

Public sector unions are going to be with us for a long time. But in the wake of the Janus ruling, members who don’t agree with the political agenda of these unions can quit, depriving them of the dues that – to the tune of nearly a billion per year just in California – make them so powerful.

Teachers, in particular, should carefully consider this option. America’s future depends on it.

Ed Ring is the co-founder of the California Policy Center and served as its first president.

America Is Not a Nation of Immigrants

Statue of LibertyAmerica is a nation of immigrants. It’s a commonplace among the political class. Rep. Joe Kennedy (D-Mass.) and Senator Kamala Harris (D-Calif.), emergent leaders in the open-borders vanguard of the Democratic Party, never tire of saying so. Both object to the Trump Administration’s hard line on border control and have buttressed their calls for an “immigration reform” that would in effect re-open the floodgates of migrants from south of the border. The reason, they say, is that immigration is the defining characteristic of the nation.

It isn’t.

The “nation of immigrants” trope is relatively new in American history, appearing not until the late 19th century. Its first appearance in print was most likely The Daily State Journal of Alexandria, Virginia, in 1874. In praising a state bill that encouraged European immigration, the editors wrote: “We are a nation of immigrants and immigrants’ children.” In 1938, Franklin Delano Roosevelt said to the Daughters of the American Revolution: “Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists.” John F. Kennedy would later use the term as the title of a book, written as part of an Anti-Defamation League series, so it is undoubtedly objective, quality scholarship.

But in 1874, as in 1938, and even in 1958 when JFK’s book was written, America was not a nation of immigrants. The women Roosevelt was addressing were not the daughters of immigrants but rather the descendants of settlers—those Americans who founded the society that immigrants in 1874 came to be a part of.

Curiously, yet another Kennedy understood this and might have a thing or two to say in protest against the “nation of immigrants” myth, even if he didn’t quite mean what he said.

During the U.S. Senate debate of the 1965 Immigration and Naturalization Act, Ted Kennedy, young Joe’s great-uncle, promised: “our cities will not be flooded with a million immigrants annually.” Today, with far more than a million new arrivals per year, it seems Ted’s words did not age well.

The liberal lion also promised that “the ethnic mix of this country will not be upset,” and America would not be flooded “with immigrants from any one country or area.” Yet in 2014, the number of Latinos in California finally overtook the number of whites. This, too, did not age well.

“The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs,” Kennedy assured his colleagues and fellow citizens. He was disingenuous at best. None of it worked out the way Kennedy promised in 1965.

The Emma Lazarus Myth
All of this is not presented simply to take a jab at young Joe, who is simply parroting the liberal line of the moment, but to highlight certain implicit truths—now disregarded by the progeny—in the assurances of his forebear.

If America has always been a nation of immigrants, why then did Ted Kennedy and others feel the need to reassure Americans that this nation would not be inundated by foreigners? This suggests that America was not, in fact, a nation of immigrants in the 1960s, and politicians aware of this spoke in this way to reassure a public equally aware of it and certainly unwilling to see America become a nation of immigrants.

Similarly, implicit in Ted Kennedy’s rhetoric is some recognition of the fact that mass immigration has the potential to change the country in ways that citizens might not like—such as by driving down wages and hurting native workers. Joe Kennedy, however, has suggested immigration is always a net good. Which Kennedy do we believe? (“Neither” is a perfectly acceptable answer.)

Then there is Kamala Harris. The freshman senator from California took the Independence Day holiday as an opportunity to claim the Declaration of Independence was signed by “immigrants” and performed the obligatory shout out to Emma Lazarus, who many liberal politicians believe wrote our immigration laws. Although Lazarus’ poem was added to the Statue of Liberty nearly two decades after the structure was dedicated, her belated verses became, at least to the Left, of more importance than the statue itself and the nation for which it stands. The idea of immigrants as all helpless “huddled masses” and “wretched refuse,” as Lazarus conceived, plays to the Left’s patronizing narrative of foreigners and citizen-subjects alike. But the problem with this conception of America’s immigrants, the late Daniel Patrick Moynihan (D-N.Y.) argued, is it’s a myth—and a bad one, at that.

“The 20 million-odd immigrants who arrived between 1870 and 1910,” said Moynihan, “were not the wretched refuse of anybody’s shores.” Rather, the fiery New York liberal concluded, they were an “extraordinary, enterprising and self-sufficient folk who knew exactly what they were doing and doing it quite on their own, thank you very much.”

Moynihan was right. America’s early immigrants were, with some exceptions (such as the Irish fleeing famine), Jewish tailors, Italian masons, German shopkeepers, skilled craftsmen, and artisans. It was not uncommon for these immigrants to make their fortunes in America and remigrate, either because they had never intended to stay or were induced by hardship. Those who stayed did so because they truly wanted to be American.

Lawbreaking Carries Huge Costs
To say that most of today’s immigrants do not have the qualities Moynihan adumbrated is not racist but rather an objective statement of facts, especially when 51 percent of households headed by an immigrant—legal or illegal—use at least one welfare program per year, compared to 30 percent of native households. Immigrants from Central America and Mexico, the bulk of today’s arrivals, have the highest rate of welfare use. Accordingly, the Left has shifted its politics to dangle a generous welfare-state before immigrants and illegal aliens.

Indeed, in 2017 the combined cost of education, medical, justice, and welfare expenditures attributed to illegal aliens alone amounted to $116 billion—up from $113 billion in 2013. That figure accounts for total taxes paid by illegal aliens. Moreover, it’s worth noting that amnesty for illegals would only exacerbate this problem, because amnesty would make available to them more forms of means-tested welfare benefits, and in turn increase the fiscal drain on American taxpayers.

While exceptional immigrants certainly still do arrive in the United States, progressive policy in the form of a generous welfare state has made it so immigrants no longer need to have the qualities of which Moynihan spoke.

But were America’s Founders immigrants, as Harris claims? Perhaps the simplest answer is found in the evolution of the English language in America. The term “immigrant,” Samuel P. Huntington informs us, did not come into usage in America until the 1780s—to distinguish new arrivals from the founding settlers.

Prior to the American Revolution, the English and the Dutch, according to historian John Higham, “conceived of themselves as founders, settlers, or planters—the formative population of those colonial societies—not as immigrants. Theirs was the polity, the language, the pattern of work and settlement, and many of the mental habits to which the immigrants would have to adjust.” If the Founders were immigrants, as some have mendaciously claimed, it would have been a tremendous surprise to them, because they certainly did not conceive of themselves as such.

By 1790, the population of the United States was 4 million. With the exception of a black minority and Indians, America was 60 percent ethnically English, 80 percent British—with Germans and the Dutch making up the remainder—and 98 percent Protestant. In 1797, John Jay noted specific attributes of American identity. In doing so, Jay did not simply adumbrate what “makes an American,” but made a distinction between settlers and immigrants. These are language (English), manners and customs (Anglo-Protestant), religion (Christianity), principles of government (British).

“We must,” Jay said of newcomers, “see our people more Americanized.”

Drawing from Huntington’s exhaustive demographic research, we find that while European wars kept immigration to a crawl, the overall American population increased by 35 percent between 1790 and 1800, 36 percent between 1800 and 1810, and 82 percent between 1800 and 1820. Huntington attributes the population explosion to high birth rates and fertility rates among the native-born population.

What Immigration Numbers Really Mean
Although it should be clear by now, the Left will never admit their claim of America as an historically multicultural-immigrant society is unsupportable, because that would damage their devil’s bargain with identity politics.

Concerning immigration patterns, from 1820 through 1924, 34 million new arrivals entered the United States, mostly from Europe. Throughout this period, intermittent waves of immigration were punctuated by pauses and lulls. These respites provided immigrants time to Americanize. By contrast, from 1965 through 2000, 24 million new arrivals entered the United States, mostly from Latin America and Asia, and with few if any pauses between waves. In just 35 years, America experienced nearly as much immigration as it did over a century. Nevertheless, from 1820 through 2000, the foreign-born averaged just over 10 percent of the total American population.

To claim that America is a “nation of immigrants” is to stretch a truth—that America historically has experienced intermittent waves of immigration—into a total falsehood, that America is a nation of immigrants. For the truth of the first thing to equal the truth of the other, every nation that experiences immigration may just as well be considered a “nation of immigrants.” Germans have lived along the Rhine since before Christ, yet Germany has also been swarmed by foreigners from the Middle East and North Africa. Is Germany, therefore, a nation of immigrants? A resounding nein is the answer we are hearing from Germans.

The Right Way to Live
Before America was a nation, it had to be settled and founded. As Michael Anton reiterated in response to New York Times columnist Bret Stephens: America is a nation of settlers, not a nation of immigrants. In that, Anton is echoing Samuel Huntington, who showed that America is a society of settlers. Those settlers in the 17th and 18th centuries—more than anyone else after—had the most profound and lasting impact on American culture, institutions, historical development, and identity. American began in the 1600s—not 1874—and what followed in the 1770s and 1780s was rooted in the founded society of those settlers.

“The most important fact to keep in mind when studying political changes in America is that the United States is a product of a settler society,” writes historian J. Rogers Hollingsworth.

Settlers, Anton explains, travel from an existing society into the wilderness to build a society ex nihilo. Settlers travel in groups that either implicitly or explicitly agree to a social compact. Settlers, unlike immigrants, go abroad with the intention of creating a new community away from the mother country. Immigrants, on the other hand, travel from one existing society to another, either as individuals or as families, and are motivated by different reasons; and not always good ones. Immigrants come later to be part of the society already built by settlers, who, as Higham wrote, establish the polity, language, customs, and habits of the society immigrants seek to join and in joining must embrace and adopt.

Justice Louis Brandeis would later echo Jay, declaring that the immigrant is Americanized when he “adopts the clothes, the manners, and the customs generally prevailing here . . . substitutes for his mother tongue the English language,” ensures that “his interests and affections have become deeply rooted here,” and comes “into complete harmony with our ideals and aspirations.” Only when the immigrant has done this will he have “the national consciousness of an American.”

Certainly, the Left (and a great many neoconservatives, for that matter) pays lip service to the principles that constitute what we call the American Creed: liberty, representative government, individualism, and equality. The principles of the Creed are transcendent of race and ethnicity, and it is for this reason that America has the capacity to assimilate foreigners into its society in a way that is unique to the rest of the world. One can become an American in a way that it is impossible to become a German, for example.

But the principles behind the Creed are universal because they are largely abstractions. As such, they do not tell us anything about the society that actually attracts the immigrants, nor do they tell us anything about the people whose culture fostered the Creed. This is generally as far as civic nationalists are willing to go. Either out of political expediency or for fear of being condemned as racists for merely stating that this nation has an historic demographic; upon whose culture the societal scaffolding of our nation was built, and thus laid the foundations of a Creed by which all men can live.

The “crucible in which all the new types are melted into one,” said Teddy Roosevelt, “was shaped from 1776 to 1789, and our nationality was definitely fixed in all its essentials by the men of Washington’s day.” These “essentials” are derived from the historic Anglo-Protestant, Middle American core of the nation, in whose culture we find the British traditions of law, justice, and limits upon government power, the English language, a legacy of European art, literature, philosophy, and music, Protestant moralism, and an ethic of self-control, self-reliance, and self-assertion.

In the Anglo tradition, Americans will find their customs, prayers, precepts, and political ideas; the bicameral legislature, the division of government powers, a legislative committee system, and so on. In the Protestant tradition, Americans find responsiveness of government to the people, their work ethic, individualism, a zeal for religious and cultural restoration, and a deep skepticism of centralized state power.

What the Multiculturalists Can Teach Us
The Creed did not appear spontaneously, it is the product of the culture of this nation’s historic Anglo-Protestant demographic. Millions of immigrants and their children attained prosperity in America because they Americanized and adopted Anglo-Protestant culture. There is no question that this is precisely what historically has been the case, and we can find affirmation in the words of the critics of Americanization.

Will Kymlicka, a multicultural theorist, argued in 1995 that before the 1960s, immigrants “were expected to shed their distinctive heritage and assimilate entirely to existing cultural norms.” This process of Americanization Kymlicka grudgingly labeled the “Anglo-conformity model.” “Anglo-conformity” is on target, and it is precisely this process that has benefitted both the nation and the immigrants who have embraced it. Moreover, there are two implicit truths in Kymlicka’s words: America was never a multicultural society, and Americanization was in full effect until the 1960s.

How effective? Prior to waves of sustained immigration from Latin America after the 1960s, the United States was a land of 200 million people virtually all speaking English.

The Left has fully rejected this older approach to assimilation as “un-American.” It is, to the Left, un-American to ask that foreigners respect our laws and, if they are so fortunate as to be admitted to this great nation, embrace the culture that made it all possible. According to the Left, America’s historic demographic is the only thing wrong with America at all, and if these native-born Americans will not acquiesce their forced obsolescence, then they should simply leave the country to make room for more “good Americans” who are not American at all. America, however, is “not the common property of all mankind,” as Anton has so correctly noted.

There are no patriots among those who have slandered or misconstrued the history, culture, and principles of this nation in an effort to subvert and destroy all that we call America. There are no patriots on the Left. America belongs to no one but Americans. It does not belong to the foreign masses of the world and it does not belong to the Left who, having rejected the American way, cannot count themselves among its patriots.

This article was originally published by the Center for American Greatness, Inc.

Correction: This article was edited slightly on July 12 to reflect that California’s Latino population overtook the white population in 2014; California did not become a majority Latino state. According to U.S. Census figures, the Golden State’s Latino population is 38 percent.

Photo credit: Getty Images

Is Crony Capitalism Alive and Well in California?

http://www.dreamstime.com/-image1661658If there’s one thing that unites Californians, it’s a disdain for crony capitalism.

What is crony capitalism, you ask? We see it all the time. Think local elected officials throwing everything but the kitchen sink at Amazon to try and lure their second global headquarters to their city. PRI’s senior fellow in business and economics Wayne Winegarden has written about lawmakers offering generous electric car subsidies that would only really benefit Tesla.

Hard-working people are annoyed when government picks winners and losers in the economy through tax giveaways, set-asides, contracting preferences, or other favored treatment.

Did you know that it also costs California taxpayers significant sums, as well?

Matthew Mitchell and Tammy Winter at the Mercatus Center at George Mason University have just released an interesting new study called, “The Opportunity Cost of Corporate Welfare.”

They argue that neither evidence nor economy theory suggests that these incentives work. In fact, taxpayers in California are footing the bill for these giveaways to favored companies and industries.

Mitchell and Winter calculated what it would mean if California eliminated all the corporate subsidies in the state tax code.

They found that with the savings, California could:

  • Reduce the corporate income tax by 36 percent,
  • Reduce the state personal income tax by 6.2 percent,
  • Reduce the state sales tax by 5.8 percent, and
  • Reduce the state’s overall tax burden by 1.4 percent.

This echoes what Wayne Winegarden has written in the “Beyond the New Normal” series. There is an opportunity cost to government spending decisions. With the right economic policies in place, we can see sustained economic growth across all sectors of the economy.

Like Winegarden, Mitchell and Winter argue that state policymakers should focus on policies that enhance the economic freedom of all citizens.

With California currently ranking 49th in economic freedom on the Cato Institute’s annual rankings, sadly it’s highly unlikely that a pro-economic freedom agenda will be embraced by the majority party in Sacramento any time soon.

Tim Anaya is communications director for Pacific Research Institute, where this article was originally published. 

Gov. Brown’s May Revise Shows No Need for Gas Tax Increase

The first takeaway from Gov. Jerry Brown’s May Revision of his budget for 2018-19 is that California didn’t need that $5.5 billion yearly gas-tax increase the Legislature passed last year. The proposal shows we have $8 billion in revenues in excess of projections.

In one area I persistently agree with Gov. Brown, “Despite strong fiscal health in the short term, the risks to the long-term health of the state budget continue to mount.” Unfortunately, according to the governor’s budget revision, we have $291 billion in long-term costs and the Legislature has done little to fix the state’s fundamental problems.

In his budget announcement and press conference, Brown emphasized the volatility of tax revenues, especially capital gains-tax revenues, shown in this chart:

moorlach-graphic

And he emphasized we’re overdue for a recession. Of course, he didn’t mention it has been President Trump’s economic policies – tax cuts and regulation reform – that have lifted the national economy above the sub-par performance of the Obama administration.

“How you ride the tiger is what we now face,” he said. “It’s going up, but when it goes down, a lot of these programs will be cut. Life is very giddy at the peaks.” No doubt, he is right. But he also ignored most of the reasons for this volatility even as he pointed out the Rainy Day fund will be filled at $13 billion, though he estimated that an impending economic storm would require resources closer to $60 billion. That’s a budget hole expected in the next recession, which could be $30 billion a year for two years. In such a scenario, the Rainy Day Fund would provide just 22 percent of that potential revenue shortage.

I see a much bigger danger. Taxes are so high in this state. To survive the next recession, companies will flee to states with much lower taxes. Because of the state’s punishing taxes, including then-Gov. Arnold Schwarzenegger’s $13 billion tax increase in 2009, our state’s economy crashed hard. Unemployment soared to double-digits and was exceeded only by the rates in Michigan and Nevada. It may happen again.

The period of rising revenues we’re now enjoying should be used to reduce our already committed liabilities and the overall tax burden.

Of course, having increased taxes last year – not just the gas tax, but the cap-and-trade tax Brown pushed through, estimated at $2.2 billion a year – Brown wasn’t about to suggest cutting taxes. It will be up to the voters to repeal the gas tax this November.

Given that the rising tax revenues won’t be returned to the taxpayers who worked so hard to earn them, the governor at least is proposing spending the money on some true needs. I have worked up a list of options, below, of 15 one-time spending recommendations that should be prioritized. But first let me recognize three of Brown’s proposals that have some overlap to my suggestions:

  • $2 billion for infrastructure: “The proposal will target these funds to the universities, courts, state facilities and flood control. Investments are also proposed for high-priority capital expenditures.”
  • $359 million for homelessness. His proposal notes more funding will begin to flow “from a bond and a fee on real estate transactions” passed last year – another tax that I opposed and don’t believe we need. This money would be a “bridge” until these funds are spent.
  • $312 million for mental health “for enhanced early detection of mental health problems and the education of mental health professionals.” The budget proposal also would put the $2 billion “No Place Like Home” initiative funding on the ballot “to accelerate the delivery of housing projects to serve the mentally ill.”

My proposals include prefunding the $2 billion for No Place Like Home, which will be paid back with the bond proceeds.

I’d also like to help out cities and counties with their pensions by injecting several billion dollars directed to their unfunded liabilities in lieu of taxpayer rebates. In his press conference, Brown unfortunately answered, when that question was raised, “A lot of cities signed up for pensions they can’t afford. The state can’t step into the shoes of the cities and counties. They’re going to have to handle that.”

Again, he’s largely right. And he’s actually putting his legal resources and political chits behind the overturning of the so-called “California Rule,” which ratchets up pension costs with no ability for governments to correct costs at the front end, leading them to fiscal ruin at the back end.

Because of that, we’ve got cities and counties laying off police and fire simply because their pension costs are so high. And the cities and counties can’t raise their tax base more than 2 cents on the sales tax. Current leaders in our cities and counties weren’t the ones who spiked pensions decades ago, but the California Legislature made it really easy.

Sacramento is renowned for taking funds from cities and counties during recessions. Giving something back to them would be a noble thing to do.

The state also has a backlog of rape kits. Not only is that unfair to the victims, but after catching the Golden State Killer, how many more predators could we catch and prosecute?

We also need to harden power lines across the state. If this state wants to emphasize electric cars, we’re going to be sending a whole lot more electricity around, which means more wildfires unless the power lines are put underground.

Compared to his January proposal, the governor’s May Revise only tinkered with education funding. But we could use more funding for career technical education. A lot of kids don’t want to go to college, but could have successful careers in the trades or other vocations. They should be afforded the training opportunities just as much as those we send to our elite institutions.

Finally, this budget largely is a stopgap getting the governor beyond his tenure in office. He said he wanted to leave it in good shape for his successor. But so much more needs to be done, especially in improving the state’s harsh anti-business fiscal policies, shoring up pensions, fixing long-neglected infrastructure and reducing the housing and homelessness crises.

Below is a list of my 15 policy proposals for spending the $8 billion in excess revenues. It is largely in priority order. And if the state wins the litigation for the No Place Like Home bond dollars, or it is approved by the voters on the ballot in November, then that money could be cycled into any of the remaining priorities.

Priority Description Amount
1 No Place Like Home Prefunding of approved bonding $2,000,000,000
2 Provide funding to 482 cities to be appropriated to their pension liabilities $482,000,000
3 Provide funding to 58 counties to be appropriated to their pension liabilities $580,000,000
4 Provide matching funds for city pension liabilities $964,000,000
5 Provide matching funds for county pension liabilities $1,160,000,000
6 Fully fund bringing current the Rape Kit testing backlog $12,500,000
7 Fund Armed Prohibited Persons System (APPS) gun holder backlog $12,500,000
8 Hardening of electric power lines around state $1,168,000,000
9 Oroville Dam state water project conveyance levee repairs $100,000,000
10 Temperance Flat construction $250,000,000
11 Refund the Fire Tax $471,000,000
12 Continue Career Technical Education Funding at prior level $200,000,000
13 Renters’ Tax Credit increase $300,000,000
14 Opioid treatment and prevention task force $100,000,000
15 Water Tax off-set $200,000,000
$8,000,000,000

This article was originally published by the Flash Report

I’m waiting for the apology

 

Donald TrumpI’m waiting for the apology.

I love it when liberals who are so damn sure President Trump is about to destroy the world, and it turns out they’re dead wrong. It’s even more fun when their heads explode because their handwringing proves to be nothing more than cynical tactics designed to scare people. In other words, their predictions are pure BS!

Unless you have had your head under a rock this week (or have been watching CNN) you know that the President of South Korea met with Rocket Man. OK, two dudes meeting; so what, no big deal. WRONG!

Not since the 1940s have the leaders of South Korea and North Korea actually met, shook hands and had a meaningful conversation which in this case has led to the official end of the Korean War.

Over the past year President Trump has taken an incredibly hard line with North Korea. He started by intensifying sanctions that were already pretty strict, and then double downed by placing sanctions on some Chinese players who were supporting North Korea. Instead of bowing to the threats of North Korea, he increased our military presence there so there was no doubt we were serious about stopping their nuclear ambitions.

And, all the while, left-wing activists, politicians and journalists here and around the world whined that Trump’s tough stance would lead to WWIII. The media in the U.S. even declared Trump unfit for office. Maxine Waters and some of her more mentally challenged buddies in Congress called openly for Trump’s impeachment — not because he had done anything illegal mind you, but only because he did his job.

It’s a bit of a first, at least in a great long while. Obama caved into North Korea, or just as bad, he refused to take any action at all for fear of upsetting North Korea’s maniacal president.

Not so President Trump. Early on he identified North Korea as one of the biggest threats to peace in the world. Like Obama, Hillary disagreed. And, like Obama, she claimed little or nothing could be done in any event to reign in North Korea’s crazy dictator.

President Obama had eight years to address the problem — to do something, anything. Hillary Clinton, his Secretary of State, could have advocated for action as well. But neither of them did a damn thing. Nothing. Nada. Zilch!

So for you on the left, we are anxiously awaiting your apology to President Trump.

Sure, North Korea is still a problem. No doubt it will be for a quite some time. But that’s all the more reason for clear, decisive action designed to contain the problem rather than allow it to grow. The fact remains that President Trump has done more in his first 16 months in office than any other administration since the Korean War.

Thank you Mr President!

John Philip Sousa, IV, is the Chairman of Stars & Stripes Forever PAC, starsandstripesforeverpac.org.

Political Means versus Economic Means

March 30 marks the anniversary of the birth of someone who introduced a crucial distinction in understanding political reality – sociologist Franz Oppenheimer. In The State, he contrasted the “political means” and the “economic means.”

There are two fundamentally opposed means whereby man…is impelled to obtain the necessary means for satisfying his desires. These are work and robbery, one’s own labor and the forcible appropriation of the labor of others…I propose…to call one’s own labor and the equivalent exchange of one’s own labor for the labor of others, the “economic means”…while the unrequited appropriation of the labor of others will be called the “political means.”

Oppenheimer directed his distinction toward developing the conquest theory of the state.

All world history…presents…a contest…between the economic and the political means…The state is an organization of the political means…forced by a victorious group of men on a defeated group, with the sole purpose of regulating the dominion of the victorious group over the vanquished.

Oppenheimer drew some very important conclusions about the relationship between the nature of society and the nature of the State

Always, in its essence, is the “State” the same. Its purpose…the political means… Its form…dominion.

Wherever opportunity offers, and man possesses the power, he prefers political to economic means.

By the “State,” I do not mean the human aggregation…as it properly should be. I mean…that summation of privileges and dominating positions which are brought in to being by extra economic power…I mean by Society…all purely natural relations and institutions between man and man…

The “state” is the fully developed political means, society the fully developed economic means…in the “freemen’s citizenship,” there will be no “state” but only “society.”

The “state” of the future will be “society” guided by self-government.

Franz Oppenheimer’s insights were particularly influential on Albert Jay Nock. Particularly in Our Enemy the State, Nock expanded on them, arguing that the State (in contrast with the voluntary arrangements people make to live together, which he called government) was based on theft, so that “the State is fundamentally anti-social.”

The State has said to society…I shall confiscate your power, and exercise it to suit myself.

The interests of the State and the interests of society…are directly opposed.

The State…has invariably, as Madison said, turned every contingency into a resource for depleting social power and enhancing State power.

There are two methods…whereby man’s needs and desires can be satisfied. One is the production and exchange of wealth…the economic means. The other is the uncompensated appropriation of wealth produced by others…the political means.

The State…is the organization of the political means…primarily a distributor of economic advantage, an arbiter of exploitation…an irresponsible and all‑powerful agency standing always ready to be put into use for the service of one set of economic interests as against another.

The State is not…a social institution administered in an anti‑social way. It is an anti‑social institution.

State power has an unbroken record of inability to do anything efficiently, economically, disinterestedly or honestly; yet when the slightest dissatisfaction arises over any exercise of social power, the aid of the agent least qualified to give aid is immediately called for.

Under a regime of actual individualism, actually free competition, actual laissez‑faire…a serious or continuous misuse of social power would be virtually impracticable.

The distinction between the economic (voluntary) means and the political (coercive) means offers individuals a powerful tool in understanding society. As Nock wrote, “as long as the State makes the seizure of wealth a matter of legalized privilege, so long will the squabble for that privilege go on.” Therefore, restraining State power is essential to society, because “The weaker the State is, the less power it has to commit crime.” Having moved far along a mistaken path, recognizing that insight grows ever more important.

Gary M. Galles is a professor of economics at Pepperdine University, an adjunct scholar at the Ludwig von Mises Institute, a research associate of the Independent Institute, a member of the FEE faculty network, and a member of the Board of Policy Advisors at the Heartland Institute. His books include “Apostle of Peace” (2013), “Faulty Premises, Faulty Policies” (2014) and “Lines of Liberty” (2016).

Top Ten Lesser-Known Aspects of Oakland Mayor Schaaf’s “Sanctuary City” Policies

10. Illegals sporting gang tattoos can join “pot luck” lunch with Mayor every Thursday.

9. “Assault” style weapons banned within the city, except for illegal fugitive felons.

8.  “Schaaf” means sheep in German. Like we’re stunned.

7. The City of Oakland respectfully asks that ICE and other Federal agents not converse with Oakland residents, except to explain available Federal benefits.

6. Tough new “3 murders and you’re out” policy for illegals.

5. Apply for your Oakland “no-questions-asked” ID card, get free “NO ONE is ILLEGAL” t-shirt.

4. High-wattage megaphones supplied to key city workers, in case ICE agents are sighted unexpectedly.

3. New “dateillegal.gov” Oakland-dating website attracting interest from 47 states

2. Visit special City Hall kiosk announcing: “I’m illegal and I vote.” Get personal ombudsman and social worker assigned to you.

…and the NUMBER ONE LESSER-KNOWN ASPECT OF OAKLAND MAYOR SCHAAF’S “SANCTUARY CITY” POLICY is:

1. Mayor swears she has a “What is Illegal?” tattoo, but coyly says she can’t show it to us.

“Your Weekly American Top Ten list” is intended as humorous commentary, and not as real news.

To subscribe to the “Top Ten” for free, please visit www.gipperten.com 

Possible Legislative Process Reforms

 

CapitolCapitol observers have often complained about certain aspects of California’s legislative process. I asked some of my lobbying colleagues, as well as staff in the Legislature from both houses and both political parties, regarding possible reforms to the state’s legislative process that should be considered.

By far, the most common criticisms of the process by both lobbyists and staff concern the budget process. The next most popular topic concerns committees. While I did not conduct a formal poll, it was interesting how both staff and lobbyists expressed similar concerns about the legislative process.  Based upon the suggestions made, the following are some of the collective reforms suggested for improving California’s legislative process.

Budget Process and Bills

Based upon the feedback provided, one reform could be to require the budget conference committee to follow the general rule used by conference committees, which would provide that a bill not be considered as a budget trailer bill unless the subject matter of the proposed trailer bill has been heard and approved in the policy committee(s) that have subject matter jurisdiction in both houses of the Legislature. In other words, budget trailer bills should have to be heard and voted upon in policy committees, in addition to the relevant budget subcommittees.

Another reform would be to require budget trailer bills be adopted prior to the commencement of the new fiscal year, which would mean by June 30, or within 15 calendar days of passage of the main budget bill.

Others believe that budget subcommittees should be required to hear from all departments, boards and commissions under their purview. It has often surprised Capitol observers how many departmental budgets are placed on “consent” on a budget subcommittee’s agenda.

An additional reform would be to require a separate trailer bill for each topic, rather than allowing multiple, unrelated provisions in a single trailer bill. As such, the germaneness rule would be strictly enforced by each house when it comes to budget trailer bills.

There is also a strong sentiment that there only be one Budget Act per legislative year. Thereafter, any changes to that Budget Act would be considered as normal appropriations bills and be subject to a 2/3rds vote requirement.

An interesting reform suggested is that the Governor’s proposed trailer bills be introduced by the Budget Committees, allowing them to be in print for the public to see and for budget and policy committees to analyze, debate and hear public testimony on before votes can be taken.

Committees

The second most common area of concern expressed by legislative staff and lobbyists alike is the dreaded “two and two rule,” which substantially curtails substantive testimony before legislative policy committees. Most observers suggest eliminating this rule or at least increasing the number of persons who can testify and for how long they can do so.

While witnesses should be admonished to keep their remarks brief and not to repeat testimony already provided, substantive testimony should not be limited by the policy committees, particularly those in a bill’s house of origin. Moreover, the rules on testimony should be consistent with all Assembly and Senate standing committees.

Additionally, there should be reasonable and standardized deadlines in both houses for submitting letters to the policy committees. Most committees’ deadlines are a week before the bill’s scheduled hearing, although some are shorter and some are longer (e.g., one Senate committee requires position letters 12 days in advance of the hearing).

Another reform is to reduce the number of committees that any legislator can sit on. This has been suggested to limit the amount of overlap for legislators and so that they will hopefully remain for the duration of the committee hearings for which they are a member. The most common recommendation was three standing committees.

One helpful suggestion is to require all committees to post support and oppose letters online prior to a bill’s hearing.

In addition, most staff and lobbyists suggested that neither intent bills nor spot bills should not be voted on. In other words, there must be a substantive policy change for votes to be cast on bills in committees or on the floors.

Finally, a reform would require proportionate representation of legislators on each committee.

Fiscal Bills

A recommended reform is to amend Joint Rule 10.5 that provides guidance to the Legislative Counsel’s Office to determine whether a bill is “fiscal.” The language of the current Joint Rule is specific and does not take into consideration all potential fiscal impacts of bills.

Appropriations Committees should be limited to fiscal issues and not act as a policy committee that defeats bills on a policy basis after the bills have already passed a policy committee. In other words, the two fiscal committees should simply vote aye or no based on the bill’s fiscal impact.

Bills

A popular reform is to reduce the bill limits, especially now when legislators have a possible tenure of 12 years in one house and there should be adequate time to consider priorities. Of course, like most legislative rules, a member can petition his or her respective Rules Committee for a waiver of the bill introductions limit. The most commonly-suggested bill cap was 30 bills per legislator per 2-year Session.

Another suggested reform is that bills cannot automatically deem regulations emergency or to otherwise exempt regulations from the formal rule-making process covered by the state’s Administrative Procedure Act. This is necessary to ensure public participation in the rule-making process.

Floor Process

A popular reform is that no resolutions may be considered for floor debate during the final week of session. Any resolution to be considered must be on consent that week so that the members’ limited time on the floors is spent processing the hundreds of bills during the last week of session, rather debating resolutions.

Chris Micheli is a Principal with the Sacramento governmental relations firm of Aprea & Micheli, Inc. He also serves as an Adjunct Professor at McGeorge School of Law in its Capital Lawyering Program.