Commentary: Erwin Chemerinsky on California's Budget Crisis

June 3, 2009 - Erwin Chemerinsky, Dean, UCI School of Law. On the California Budget Crisis - The current California budget crisis shows that there are deep structural problems in California including ones that require changes in the California constitution. California's budget crisis is the worst that it has been in the states 150-year history. The state has gone about solving it in the worst possible way. By cutting crucial social programs. The way in which the $24 billion budget gap is being closed is by cutting money for education, for healthcare including children's healthcare, and for schools including the University of California and the state school level. The result of this is going to be that people will die from lack of medical care, our children get a worse education. This can't continue. The immediate solution has to be to find a way to raise taxes rather than cut programs. Unfortunately the Republicans in California are blocking any tax increase in the Legislature. So what we need to do is think about structural changes to make sure that this problem does reoccur. We need to change the two-thirds requirement for approving the budget, including tax increases. We need to change Proposition 13 which has a distorting effect on the state's tax structure. In California, 1% of the population pays 50% of the income taxes -- and the state is desperately dependent on income taxes because of Prop 13. Term limits have robbed the state legislature of experienced senators and assembly representatives. Immediately, we should put initiatives on the ballot to change these, starting with the two-thirds budget requirement. In the longer term, we need a new constitution and a constitutional convention to try to provide a saner system for funding the state. (c) copyright 2009, OCNewsChannel.com

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[danielcooper1000]

We can never find justice at the hands of corrupt judges. (See youtube videos) Judge To Judge On Illegal_Payments To Judges---Evil Triangle of Court Corruption---Richard Fine---Dr shirley Moore---SBX 211. Now is the time to be heard. The fight to end this title wave of corruption in our country must start with the corrupt judges. Show your support now or wait untill your fate is at the hands of corrupt judges.

[andrewrosso]

They shouldnt change the constituion. Why so they can pass the biggest tax increase in the history of man kind like they did and all they need is a party vote please.

[granskare]

I think if the so-called 'term limits' had not been passed, CA would have experienced legislators instead of lobbyists writing legislation...the problems in my opinion came with the rising energy price manipulations that came from total de-reg of energy prices...lots of states have legislators that only think of their reelection and that's why we also have problems with deficits...Iowa GOP candidates wanted budget cuts...but Gov Culver outsmarted them with his 10% cuts so now the GOP is quiet.

[cmorey103]

These comments remind me of why we are in this fix and why we are not likely to get out of it. California Republicans believe that they can avoid doing good thinking and fiscal planning by simply tossing out the word "socialist" and knee-jerking around dramatically casting blame on everyone else. Their very desperate hope is that with all this gesticulating, no one will notice that the fat cats are getting fatter. And the "fat" they are trimming belongs to the people least capable of losing it.

[October1]

You guys want to have social programs...someone has to pay for them professor....

[rjm51a]

Like all socialists, this professor's solution is ultimately to raise taxes. Every program is essential, every program is needed. He himself says that 1% of the population pays 50% of the state income taxes. I'm sure he feels that 60%, 70%, even 80% is fair but he just can't raise enough funds. Cut spending? Never!!! So his only remaining solution is to raise the taxes on everyone else. The problem with socialism is that you eventually run out of other people's money.

[duanescot]

crucial social programs my ass, California is the poster child for why liberal policies and entitlment programs DON'T work.

[hammerofuglytruth]

Republicans are blocking tax increases?(I'm not one BTW) How about the voters Mr. Chemerinsky or were you paying attention to the last election? The voters expressed their will. No one is entitled to our tax dollars(welfare dependents, civil service employees, politicians, friends of politicians,schools who's administrators and teachers are incompetent)

[bboucharde]

Page 3. I will have to research administrative and labor law to see if the state (for example) will have to declare bankruptcy in order to break the stranglehold of the unions like CSEA & the SEIU. Counties and cities must follow suit. Honest & honorable city managers can join forces with local chambers of commerce to review all city employee salaries. For example, we could find a secretary for $50,000 per year instead of $100,000! Structural change? Yes: Stop the unions & stop the Socialists!

[bboucharde]

Page 2. This problem will take years to fix. The state & local governments can start by examining the benefits & compensation of EVERY government employee in the state. Thousands of municipal, county, & state employees in California are paid windfall wages that are completely unreasonable, fiscally irresponsible, and unnecessary. Example: The city manager's secretary where I lived (100 miles no. of Sacto) receives more than $100,000 per year! This is for a glorified clerk.... See page 3.