Strengthening Constitutional Self-Government

No Left Turns

Arnold’s agenda

The Sacramento Bee offers a brief report on a speech Arnold gave on Wednesday (with Simon, Riordan, and Senate Republican Leader Jim Brulte at his side) in which he outlined what he will do during the first hundred days as governor. "On his first day in office, he said, he would repeal the tripling of the state car tax then move to have the state budget audited and call a special session of the Legislature to enact spending cuts.
He also intends to seek a percentage of Indian gaming revenue and renegotiate state employee union contracts."

Daniel Weintraub has a few useful thoughts on this. He thinks that it is probable that Arnold could do most of what he wants to do: repeal the recent increase in car tax, freeze spending, and call a special session of the state legislature to make spending cuts in the current budget. He also wants to negotiate new compacts with the casino tribes, and new contracts with state employees. Weintraub covers the rest. Then he asks, "But can he succeed? I think he can. Just as Schwarzenegger has rewritten the rules of political campaigning, if he wins, he will be able to re-write the rules of governing. He would do this because he would have an ability that the Legislature does not have and that most governors before him have not been able to master: the ability to communicate directly with the people of California."

Discussions - 1 Comment

"He also intends to seek a percentage of Indian gaming revenue"

Doesn’t "Indian Gaming" take place on sovereign Indian land belong the the Indian Nations? On what rational legal basis does "Conan" hope to force the Indians to "cough up" a percentage of their "gaming" take to the Republic of California? As I "recall", Article I, Sections 7 and 10, and Article II, Section 2 of the Constitution of the United States of America vests the authority to negotiate treaties solely to the POTUS, with consent of the Senate, and specifically prohibits the States from any such "foreign policy" initiatives. Perhaps "Conan" plans an invasion of the Indian lands with the California National Guard. Stay tuned, this could prove more exciting than the "recall".

"Article I. [Section 10.] No State shall enter into any Treaty, Alliance, orConfederation; ....

"No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws; and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

"No State shall, without the Consent of Congress,... enter into any Agreement or Compact ... with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."

Also:

"Article I. [Section 8.] The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

And:

"Article II. [Section 2.] The President shall ... have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;"

I believe Sen. Tom McClintock was aware of this quaint constitutional provision, and stated as much when queried about his campaign receiving some contributions from the Indian Nations in California. Why isn’t "Terminator" clued in? Hmmm! Of course, California is in the 9th Circuit, so perhaps "Conan" feels he can easily find some activist Federal Judge to redefine the provisions in Article I, Sections 7 and 10, and Article II, Section 2 as being moot when it comes to collecting more taxes to increase State "revenues to fund needed government programs".

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