"Ballot measures are not normal laws — they are essentially permanent, changeable only by subsequent ballot prop. This means that agreeing with a ballot prop is not a good enough reason to vote for it. Think of a political opinion you currently hold — how confident are you that you’ll still feel that way in 38 years?...
To identity a ballot prop worthy of consideration, ask the following three questions:
1. The compelling interest test — is this of such dire importance that the nuclear option is called for?
2. The 38-year test — is it well drafted, clear and concise, not overly specific, and reasonably future-proof?
3. The last resort test — is there a really good reason why it can’t become law the normal way?...
most ballot measures are abhorrently written. Many propose overly specific solutions or are overloaded with unrelated or unnecessary provisions. For instance, Prop 65 this year not only bans plastic bags, but specifies that plastic bag revenue be directed to a particular agency for distribution to environmental causes. Prop 67 also bans plastic bags — but without the environmental fund — as well as granting $2 million to plastic bag manufacturers(!) and offering a narrow exemption for people on food stamps. These overly specific measures clearly fail the 38-year test...
Just because “bad guys” oppose it doesn’t mean it’s a good law. A good example is Prop 37 in 2012, which required very specific food labeling for GMO. It was opposed by Monsanto, which made California liberals viscerally like the law. But if you actually read the text, it was horribly written, completely unclear, and reliant on unsettled science"
I found this so, so useful and wise. The California proposition system is so interesting, sort of high-democracy - growing up it felt like this incredible tool of the everyday person and like these biannual referenda on important issues. These campaigns can be so fraught and aggressive and speak so much about culture and get so caught up in morality. Somehow it always comes down to either "the children" or "our environment", stock footage of some racially diverse kindergarten or Yosemite.
So when one wins or loses, it really really feels like we have won or lost our values.
And I rarely feel like I have a solid reason for voting 'yes', because we DO know that there are always these unintended consequences and secret sketchy things hidden in these propositions
FB: THIS IS SO USEFUL AND WISE. Read it, Californians (or voters in other states that have a proposition mechanism). Appreciating lawyers a lot rn
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