8.1: Introduction

 

Figure \(\PageIndex{1}\): The California Capitol (public domain; Picryl)

Learning Objectives

• To analyze the California legislature considering the formal, substantive, and descriptive dimensions of representation.
• To describe recent efforts to improve representation through electoral reform.

Introduction

“THE great end of men's entering into society being the enjoyment of their properties in peace and safety, and the great instrument and means of that being the laws established in that society, the first and fundamental positive law of all commonwealths is the establishing of the legislative power.... (Chapter 11. Of the Extent of Legislative Power, John Locke).”

Recall John Locke's social contract theory. All people are fundamentally free and equal to lead their own lives and make their own decisions. Without government, the lack of law, judges, and law enforcement quickly makes the state of nature a state of war. Thus, we leave the state of nature to safeguard our property and form a political community through a social contract. We create a Constitution that establishes a government whose legitimacy to make and enforce laws is dependent upon the consent of the governed. We consent by first ratifying the Constitution and then through the regular elections of representatives who are dependent on the people to maintain their rule. Thus, the legislature is the central device of modern democratic theory to resolve the difficult question of how the government may legitimately exercise power.

This chapter focuses on the California State Assembly and Senate, our bicameral California legislature. Historically, Californians have been skeptical of the legislature's ability to fulfill its Lockean role. We often prefer to make the law directly rather than elect representatives. The Constitutional Convention of 1878-79 convened to circumvent the existing state legislature and pass legislation to limit the railroad monopolies. The 1911 Progressive Reforms deepened this process through direct democracy. In the last few decades, public opinion polls of Californians show this skepticism about the California legislature, with approval of how the legislature is doing its job varying from the low teens to about fifty percent ("Californians and their Government"). In contrast, about seventy percent of Californians support the initiative process ("Reforming California's Initiative Process").

Despite the state's fondness for direct democracy, the vast majority of policies that impact our daily lives—regarding education, health care, social spending, food, water, power, transportation, and on and on—are the consequences of traditional legislative actions in Sacramento. We expect the politicians to represent us: to look after our welfare, to echo our demands, and to lead the state. This chapter focuses on how the state legislature represents us and how reforms may improve representation.