Is it Time for a Con Con -- Part VI

Editors note: This is the last one. I swear. Enjoy. Part I
Part II
Part III
Part IV
Part V

The issues that supporters of a Con Con have been laid out, but what do groups who are against calling for a Con Con believe? Or at least, what do they argue as to why the state should not rewrite the constitution?

Opponents to a Con Con will quickly point out that there are no single issues, which calls for a convention. And given the current political infighting in Springfield, opponent’s figure those differences will carry onto a convention. But maybe most importantly, the current Constitution can be changed—amendments can be added to the Constitution. And since this option is available, this is the route that policy makers should take rather than calling a convention where no one knows what the resulting document would look like.

Few people who follow Illinois state politics would claim that the current problems in the state are related to the structure of the government—rather most people would agree the problems the state is currently going though are due to politics. And while the Constitution is not perfect, opponent’s claim that there is no one single issue that should lead voters to call for a convention. So the fixing the Constitution does need can be fixed though the underutilized legislative amendment mechanism .

The General Assembly can advance a constitutional amendment to voters if both houses agree with a three-fifths super majority. However, the General Assembly has been conservative about using the Legislative Amendment process. Since the current Constitution was written, the legislature has advanced only sixteen proposed amendments of which nine have been adopted . In 2006 and thus far in 2008, the legislature has not proposed any amendments to the constitution. And, ten of the proposals over “the last 37 years have dealt with arcane issues of relative political ease, yet limited substance,” according to the Illinois Business Roundtable.

Other means of changing the constitution like a citizen’s initiative, have had been unsuccessful for the most part and, as noted above, would be a topic of conversation at a convention. Therefore, the legislature is the only branch of government in the state that can amend the constitution. And, the legislature is reluctant to change itself. As Ann Lousin, a law professor at John Marshall said, a constitutional convention and the legislature are “natural enemies.”

So why even have a constitutional convention? Is the political gridlock in Springfield, where hundreds of bills attempting to change or reform the current policy problems the state faces, sit idly, enough of a reason to call for a constitutional convention? The constitutional change that some would like to make can be changed through the legislative amendment process, but since it has not been used very often in the last 38 years, is this a reason to call for a convention? Or is it that the reason we have not seen changes to something like, say the income tax, because there just is not enough popular support behind such a reform? And of course, a convention does not guarantee that the problems the state faces will be fixed with a new constitution.

In the end, a Con Con is a situation of risk and reward. How much of a risk are constituents willing to take for a reward, i.e. progress, in the structure and policies of the state government. Something good and something bad will come out of a Con Con for everyone and each voter or interest group needs to figure the odds that a Con Con would produce the results they so desire. As Steven Pflaum of the Chicago Bar Association asked, “Is the status quo so bad that we should risk making it worse to make it better?” That is something every voter will have to weigh in their minds when they vote on November 4th.

Is it Time for a Con Con -- Part V

Editors note: I did a lot of work researching the Illinois Constitutional Convention; I'm going to post that research that I wrote up here. It should be about five or six parts in all. I'll do a post or two a day.
Part I
Part II
Part III
Part IV

Term limits: Some people feel that there are far too many politicians in the state who have been in office for too long. If this were to gain support at a Con Con, delegates would most likely cap the number of terms an official can hold at two, or eight years. Term limits may also be placed on those officials who are appointed to their position.

Tort Reform: Although major tort liability reform legislation was passed in 1995, the Illinois Supreme Court over turned the law in 1997. Those seeking to reform the state’s tort laws, like the Illinois Civil Justice League, may use the Con Con to change the tort laws in a new constitution. The group has said as much in the past, “The League believes the reforms enacted in the Civil Justice Reform Amendments of 1995 were necessary and constitutional, and thus the League will support and lead future efforts to enact similar legislation.” Reformers may attempt to limit the ability to sue for punitive damages and how much of the damages can be shared by the victims and their lawyers.

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These will not be the only issues that will be considered prior to the referendum and if it passes, after the Con Con is called. What the Con Con will do is completely get rid of the 1970 constitution and that means anything and everything could find itself into a new constitution. And the fear is that the special interest groups, who where not that influential in the 1970 constitution, may be much more so this time around. “I think the interest groups would have considerably more influence this time than they did in the late 1960s. I think you would see strong interest group involvement in the election of delegates, and that involvement would continue into the session and on the votes on issues in the convention…And then you’d see the right-to-life and the pro-choice people. You’d probably see groups who want to advance gay marriage, and on the other side of it would be some fundamentalist religious groups,” says Lawrence.

Issues such as abortion, gay marriage, gun control, capital punishment, campaign finance, even the right to privacy, could all become focal points in a convention. “I think that there’s a real potential for a lot of mischief,” says Wayne Whalen who was a delegate in 1970. Some of these “cultural” issues could prevent a new constitution from passing. If the delegates were to take a stance on something like gay-marriage or capital punishment, it may sink the new constitution with voters. In 1970, two of the more controversial amendments were put to the voters separately, and doing that with such controversial topics may happen again during the process of writing the constitution. But of course, there is no guarantee, especially if a single special interest group was able to send a block of delegates to the convention—or if enough different interest groups were elected that they divided the pie amongst themselves.

Is It Time for a Con Con -- Part IV

Editors note: I did a lot of work researching the Illinois Constitutional Convention; I'm going to post that research that I wrote up here. It should be about five or six parts in all. I'll do a post or two a day.
Part I
Part II
Part III

Income tax: Of the 41 states that have a state income tax, Illinois has the lowest personal income tax rate and one of the lowest corporate tax rates in the nation. The state has a flat rate of three-percent for personal income and a 4.8 percent rate for corporations. According to the 1970 Constitution the income tax rate is determined by an eight to five (business to individual) rate ratio and has only been hiked twice—once temporarily—since the Constitution was written.

Obviously there are and will be a plethora of opinions about changing the income tax. Those who want to change the tax rate, especially those in favor of changing education funding, will want to raise the rate and then use that revenue to help fund schools in the state. This would lower the burden on funding from local governments for education—and may well lead to a lowering of property taxes.

Proponents of changing the income tax will also point that the poor and middle class in Illinois pay a higher percentage in taxes than those who are wealthy. These reformers will fight to change the income tax in Illinois from a flat tax to a progressive tax where people with higher incomes pay a higher rate of income tax to the state.

The current revenue system places a lot of stress on local governments to raise their own revenue to pay for services. This means that there is a dependence on property taxes, casino/lottery revenue, and sales taxes at both the state and local level. The recent hike in the Cook County sales taxes, giving Chicago the highest sales tax rate of any major city in America, will probably be used as a means of calling for a Con Con. Many will argue that by increasing the income tax and distributing the revenue from the increase will lessen the burden that the county and city governments have in funding services (not only in Chicago but across the state). Therefore they will be able to lower sales taxes and other current forms of taxation that local government’s place upon constituents.

Yet, Chicago falls 13th behind New York, Philadelphia, Portland, Milwaukee, Atlanta, Detroit and Boston when totaling the amount of state and local taxes that a household making $75 thousand pays—or 10.4 percent of income. Based on 2003 data, the tax burden of Chicago, when compared to the largest cities of other states, is not nearly as bad as proponents will claim. Chicago did rank 4th in sales tax but what Chicagoans pay in income taxes was near the bottom and property taxes were still lower than New York and Los Angeles (coming in 12th overall).

However, those in the business community will not want to change the rate and would fight any proposed change. And they will probably gain support from an unlikely source—unions. The Illinois Education Association has already come out against the Con Con. The teachers union is afraid that they may lose pension benefits if a Con Con is called. While other unions, like the AFL-CIO, do not have a lot at stake since they do not have pensions tied to the state—they will probably stand in solidarity with the teachers union.

But to add to the twist, businesses do see the more than $100 billion in debt that the state is under. And much of that debt comes from pension benefits. Because of underfunding since the 1970s, the pension system in the state was only 48 percent funded in 2003. Unless reformed, the state will continue to owe 8.5 percent interest on the $43 billion unfunded pension liability annually—$3.7 billion a year. The huge debt created because of pensions may gain the attention of reformers. At that point it is anyone’s guess at how things would play out. If the income tax is raised, that money may go towards pensions. Or the pension system in the state may be changed to a two tiered system where new employees would see considerably less in pension benefits.

Is it Time for a Con Con -- Part III

Editors note: I did a lot of work researching the Illinois Constitutional Convention; I'm going to post that research that I wrote up here. It should be about five or six parts in all. I'll do a post or two a day.
Part I is here
Part II is here

Gerrymandering: There have been few competitive races throughout the state over the years. Each party has drawn districts so that the Democrats have their seats and the Republicans have their seats. It has allowed the politicians to choose their voters. The 4th and 17th Congressional Districts are probably the most infamous cases of gerrymandering in the state. Supporters of such a change would scrap of the current method of redistricting and would most likely support one of two other systems: an independent redistricting commission or a system similar to that what Iowa uses where a “nonpartisan legislative staff develop maps for the Iowa House and Senate as well as U.S. House districts without any political or election data including the addresses of incumbents.”

Home Rule: One of the major reasons that the 1968 Con Con occurred was because the 1870 constitution, according to some, did not provide local governments enough autonomy. The state had been operating under Dillon’s Rule, which requires state legislative and executive approval for any changes local governments would like to make no matter how small. The famous example that was given in 1970 was that the City of Chicago had to get approval from Springfield to change the color of the lights on its squad cars. Home rule, which freed cities that had populations of 25,000 or more, was written into the 1970 constitution and it liberated cities from the child/parent relationship that had been created. It gave municipalities more authority to raise taxes and borrow money.

The Illinois Municipal League sees little reason to revisit the issue unless delegates want to lower the population threshold. However, the recent financial problems and the tax increases in Cook County and Chicago may, although unlikely, create a grassroots effort to rid the state of Home Rule and go back to Dillon’s Rule.

Open ballots access: If granted, open ballot access would give every person equal access to being on the ballot no matter what party affiliation. Right now, independents and other third parties are often required to obtain more than 10 times the number of signatures that established parties do.

Recall elected officials: According to recent polls, 2 in 3 constituents in Illinois would like the right to recall elected officials. However, the right to recall is denied to voters under the current constitution. Considering dislike with Governor Rod Blagojevich among citizens and the dysfunction in Springfield, the right to recall elected officials figures to be a popular means of selling the Con Con. A majority of states in the U.S. do not allow for the recall of statewide officials.

Selection of Judges: Currently judges are elected to the bench. However, there is a lot of support to change this system to one where judges are chosen by merit. There are quality concerns over electing judges and many feel that partisan politics plays too great of a role in choosing and electing judges. Also the amount of money spent on judicial races is concerning—millions are being spent on some of these races and people worry about where the money comes from especially since judges are expected to be neutral.

However, there would be resistance to changing from the current system to a merit system. In Cook County there is a laundry list of judges and the public does not know whom they are electing because there are so many. This has lead to some unqualified judges being elected. But downstate, the electorate is much more informed about their judges and would resist changing the current system.

If the Con Con changed to a merit based system it would most likely be based on what is called the Missouri plan. The plan calls for a non-partisan judicial commission who chooses three candidates to fill a bench seat. The governor then selects one of three candidates. Yet such a system would face a battle over who would select the commission. Also and whether the governor, legislature, or the state Supreme Court would be given the power to select the judges would have to be decided.

Is it Time for a Con Con -- Part II

Editors note: I did a lot of work researching the Illinois Constitutional Convention; I'm going to post that research that I wrote up here. It should be about five or six parts in all. I'll do a post or two a day. Part I is here.

If a constitutional convention is called, the entire constitution would have to be rewritten. This obviously would have a major impact on the state and future governance. In effect, what calling a convention would do is open every political and policy topic up for debate. Calling for the Con Con could be the first step in opening up the political equivalent of Pandora’s Box. Some popular outcomes from the 1970 Constitution, like home rule, could be changed; while currently unpopular powers, like the amendatory veto, may not be amended. Opponents to the Con Con, like the Illinois Business Roundtable, say that “a constitutional convention cannot be limited to specific issues.” And they are right, as a single issues there appears to be little need to call for a convention. But when all the issues are taken as a whole, some voters may conclude that a Con Con would be the easiest way to fix all the problems the state is facing. The major issues that will be debated prior to the vote and if a Con Con is called are as follows:

Amendatory veto: This power given to the governor came up most recently when Governor Rod Blagojevich gave free rides to seniors during the CTA funding saga. The amendatory veto allows the governor to return a bill to the house it originated from with specific recommendations for change. According to the Constitution “The bill shall be considered in the same manner as a vetoed bill but the specific recommendations may be accepted by a record vote of a majority of the members elected to each house.” In effect, this allows the governor to initiate legislation independently of the legislative branch. “I think that power was abused though the years… I don’t think the governor is a legislator,” said Mike Lawrence the former press secretary to Jim Edgar. A bid to limit the amendatory veto was on the 1974 ballot; however, voters refused to limit the veto power.

Ballot initiative process: Illinois is considered to be a non-initiative state. An initiative is a public vote on a proposed amendment, law, or ordnance. The ballot initiatives from California are probably the most famous examples and there have been a wave of ballot initiatives concerning gay marriage in the last five years across the country. The gridlock in Springfield has created the perception that very little is getting done while the state faces increasing challenges. Many feel that citizens should be able to bring up solutions to these problems directly through ballot. However, the current initiative process in Illinois is limited and difficult—there has been only one successful ballot initiative in Illinois history, which was in 1980 and reduced the size of the state legislature from 177 to 118 members.

Cumulative Voting: Used by the state from 1870 until 1980, when the ballot initiative reduced the size of the legislature by a third it also eliminated cumulative voting. For those delegates who long for the days of cumulative they may fight for it to be used again in the state. Cumulative voting allows for multiple winners in an election and is used to foster proportional representation. The old three member districts had ensured each party had at least one seat—a few people feel that the move to the current system began “the consolidation of power among legislative leaders that has facilitated the current gridlock in Springfield.”

Education Reform and Property Taxes: In the upcoming months, expect to hear more about education than any other issue having to do with a potential Con Con. Illinois ranks 49th in the nation in the amount of funding the state provides for education. The state, on average, only covers 34 percent of the cost of educating a student (the national average is 50 percent). As a result, property taxes are extremely high—the ninth highest in the nation in 2005. This puts a heavy burden on local residents—especially seniors.

Currently in Illinois there are about 1,000 schools that are failing to meet the federal standards set out by No Child Left Behind. On top of that, eight in ten school districts are facing budget deficits and the number of schools on the financial watch list increases every year.

Reformers will want to lower the reliance and burden on property taxes and local taxpayers for education funding. They will probably fight for an increase in the income tax and take some of that revenue and place it towards education. Noting that Illinois has the second worst per-pupil-spending gap in the nation, others may fight for a property tax and education system like California.
Proposition 13 (or Serrano v. Priest) was a ballot initiative passed by California voters in 1978. The proposition capped property taxes at one-percent of the asset value of the property. The result has been two fold; funding responsibilities have become centralized making local governments more reliant on funds from the state, and education funding has also become both centralized and equalized. However, by making the state more responsible for education funding, it has reduced public school quality. California schools are now ranked among the worst in the nation. This may have driven families to send their children to private schools or find other means to improve local education.
The decision has been fiscally regressive and local governments, without the stream of revenue from property taxes, have turned to other means of taxation like sales taxes or fees. Proposition 13 has also made local governments more reliant on state funds, which has given the state more control over local matters.

Continue to Part III

Is it Time for a Con Con? -- Part I

Editors note: I did a lot of work researching the Illinois Constitutional Convention; I'm going to post that research that I wrote up here. It should be about five or six parts in all. I'll do a post or two a day.

Many people will say that the most important vote that Illinoisans will cast next month will be for President—Barack Obama, John McCain or a third party candidate. While others may argue that the race for the U.S. Senate seat between Dick Durbin and Dr. Steve Sauerberg is the most significant. But according to polls both of those races appear to be open and shut cases. Therefore, it may just be that the most important decision that the electorate makes is if we should, as citizens of Illinois, rewrite the Illinois Constitution. Every twenty years Illinois voters are given the opportunity to call a constitutional convention, and on November 4, 2008, the people of Illinois will have that chance for the first time since 1988.

Illinois has had four constitutions in its history—the original constitution of 1818, and then three rewrites 1848, 1870, and finally in 1970 (a convention was called in 1918 but the constitution was rejected by voters in 1922). The current document came about after a convention was called in 1968 due to the fact that the then constitution was seen as outdated and reflected a state that no longer existed. “In ’68 there was a long developed consensus to change the constitution,” says Jim Nowlan, a former member of the Illinois House of Representatives and Senior Fellow with the University of Illinois Institute of Government and Public Affairs. The 1970 constitution reformed may things including increasing the power of the governor and granting home rule to cities with a population over 25,000. The constitution also guaranteed freedom from discrimination on the base of race, color, creed, ethnicity, and sex, and revenue and finance articles were rewritten creating a flat income tax rate for both personal and corporate income.

The current Illinois Constitution has an automatic call for a constitutional convention every twenty years written into it, starting with 1968 the last time a convention was called. A super-majority of 60 percent of those voting on the question or a majority of total voters is required to call a convention. When the question was last on the ballot in Nov. 1988, voters rejected the question by a three to one margin (900,109 voting in favor of a convention, 2,727,144 voting against it and just over 1 million voters skipping the question).

If voters this time around decide to call for a convention, the General Assembly is required to call for and fund the constitutional convention. It would also set the date for the election of delegates and what type of election would take place—possibilities include a single general election or a primary followed by a general election. Whether candidates would run on partisan or nonpartisan ballot would also be settled by the General Assembly. Any person can run to be a delegate, however, candidates must be at least 21 and have resided in their district for at least two years (and be a U.S. citizen). Legislators most likely will not run, but chances are people close to them would run instead. In 1970, the delegate elections were non-partisan with a single general election. This prevented party insiders from capturing all the delegate positions. However, if it were a nonpartisan election, special interests groups would likely run their own candidates.

Two delegates from each of the 59 state senate districts, a total of 118 delegates in all, would then travel to Springfield and write a constitution, probably late in 2009 and into 2010. The new convention must meet within three months of the delegate’s election. After the delegates have finished writing the new constitution, it will be presented to the voters in a special election and must be approved by a majority of the voters.

The 1970 convention lasted nearly nine months and cost $13.9 million. Delegates were paid a monthly salary for what was typically a four-day workweek. Experts predict that a convention held today would cost $78 million.

The political scene in Illinois today is much different than it was in 1988. Voters are fed up with what is (or rather what is not) going on in Springfield. Recent budget crises at the state level and in Cook County have constituents frustrated. In Cook County, the sales tax was recently increased to the highest rates in the country. The legislature in Springfield appears too busy fighting amongst themselves to pass popular bills, like the ethics reform bill, and it takes far too long to pass necessary bills, like funding for the CTA. And when a bill is finally passed, the highly unpopular governor uses powers granted to him to not only veto the bill but also legislate from his desk by adding to the bill in consideration. To say voters are unhappy may be an understatement. “There was a positive attitude towards a Con Con,” Nowlan says about the efforts in 1968 but today there is a negative and sour outlook on the state government. Governor Rod Blagojevich was found to be the least popular governor in the U.S. this summer according to Rasmussen. And a recent poll in The Chicago Tribune had his approval rating at 13%.

Continue to Part II

The Future

I know there aren't many readers here and that's just part of starting a blog, but for those who do check this blog out once in a while, a programming note.

With the election coming up, I'm going to try and break down both Obama and McCain's policy positions on various issues like the economy, health care, trade, foreign policy, etc.

Also, being from Illinois, I may throw some stuff up there in the Illinois Constitutional Convention. But that depends if anyone picks up our work... so that might be more towards the end of the month.

So no big post today... no real observations on the stock market other than just remember it isn't the end all be all of the American economy. It is but one indicator. So don't completely panic... plus if you have any extra money laying around, you have to be feeling good about buying stocks... the question is just when.