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McClintock Reviews the November Ballot Propositions
Tom McClintock.net ^ | July 28, 2006 | Tom McClintock

Posted on 07/28/2006 9:01:57 PM PDT by calcowgirl

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To: calcowgirl

Can you elaborate your view on 1A?


41 posted on 07/29/2006 4:21:53 PM PDT by editor-surveyor (Atheist and Fool are synonyms; Evolution is where fools hide from the sunrise)
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To: editor-surveyor

"Emminent domain has outlived it's purpose, and needs to be terminated; this is a minimum first step toward that goal."

Emminent domain should NOT be terminated. It SHOULD be restricted to what it was originally intended.

Roads, some public facilities would be justified uses, as in history.

What needs to happen is to prevent city council's (acting as Redevelopment districts) from taking your home to put up a big box center.

I have experience with redevelopment, in two cities. My own town stopped short of using ED to take residences. Before Kelo, by several years.

Some urban redevelopment is very beneficial. Some "blight" is really bad.

It is the abuses that need to be stopped. The USSC decision was horrible. But they invited local jurisdictions to make rules.


42 posted on 07/29/2006 4:30:40 PM PDT by truth_seeker
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To: kmiller1k; calcowgirl
"83 worries me a bit. It seems like the urban areas would have no paroled sex offenders living in them at all --2000 feet from a school or park would effectively send all to the suburban and exurban areas that are more spread out in their city planning"

That is a baseless assumption. It's the suburbs that are dotted with schools and parks; the cities tend to have their schools somewhat centralized. 83 would help to keep them out of young family neighborhoods. 2000 feet is less than 1/2 mile.

43 posted on 07/29/2006 4:32:27 PM PDT by editor-surveyor (Atheist and Fool are synonyms; Evolution is where fools hide from the sunrise)
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To: truth_seeker
"Roads, some public facilities would be justified uses, as in history."

Some roads would be justified, and Some public facilities would also be justified, but at this point, all ventures in this area should require voter approval at a high level, such as 2/3.

44 posted on 07/29/2006 4:37:25 PM PDT by editor-surveyor (Atheist and Fool are synonyms; Evolution is where fools hide from the sunrise)
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To: editor-surveyor

I will absolutely vote for 90!


45 posted on 07/29/2006 4:43:47 PM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: editor-surveyor

Thanks for the ping.


46 posted on 07/29/2006 4:50:48 PM PDT by Dan Cooper
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To: editor-surveyor; kmiller1k
E-S... I have similar concerns. It definitely would change the landscape. What it does to any particular area, I don't know. I'd have to look into it more. It certainly looks like lots of San Francisco's finest (NOT) would be displaced to who-knows-where.

Here's a snip from Capitol Weekly a few weeks ago:
Jessica's Law's no-live zone is bone of political contention
By Shane Goldmacher
July 13th, 2006

A November initiative to toughen penalties and place new restrictions on where past sex offenders can live essentially would make the city of San Francisco a sexual-predator-free zone, according to maps produced by the Senate Office of Research.

If passed, the measure would prohibit convicted sex offenders from living within 2000 feet of any school or park where children play.

In San Francisco, one of the nation's most densely populated cities, that leaves only a few square blocks as inhabitable for registered sex offenders. The largest areas that would remain open to past predators would be the airport region, downtown's industrial zones and cemetery-dense Colma--none of which contain much, if any, residential housing.

"We're really clear: It is going to be harder to find a place to live, particularly in the most dense areas, of which San Francisco would be the most," said Sen. George Runner, R-Antelope Valley, who along with his wife, Assemblywoman Sharon Runner, R-Lancaster, spearheaded the campaign to put the measure on the ballot.

Runner, while challenging the specifics of the Senate map, says that there will be difficulties in predator placement, but they are worth the potential benefit.

47 posted on 07/29/2006 4:50:54 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: editor-surveyor
Some of these projects (the ones that aren't PORK) might be legitimate projects--but they should be funded at a local level. Unfortunately, for those pork-seekers, local projects generate more scrutiny and require 2/3 approval which they have not been successful passing. So, in come the Venture Capitalists spending $60 million on Proposition 39 to reduce the 2/3 approval requirement for state projects. Voila! Now, instead of local communities taking care of their own areas and getting local approval, politicians are now proposing those projects at the state level--with bonds being paid off by the State's General Fund. The whole formula is just WRONG.

Regardless, the state's infrastructure is in such bad shape, I would vote in favor of a state-wide bond measure if it truly focused on improving roads and highways. Unfortunately, Prop 1B is not that proposal. It has very little to do with improving roads but includes a slew of non-infrastructure items (e.g. maintenance expenses, bus retrofits, etc.) that should be paid out of ongoing revenues, NOT bonds.

48 posted on 07/29/2006 5:03:34 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: calcowgirl

The Senate Office of Research map is balony. They simply define every piece of lawn, and every publicly owned property in the city as a park. They have an axe to grind.


49 posted on 07/29/2006 5:03:52 PM PDT by editor-surveyor (Atheist and Fool are synonyms; Evolution is where fools hide from the sunrise)
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To: bybybill
What would be the reason to vote for 90?

The Supremes dumped eminent domain into the laps of the several states with the Kelo deicision.

50 posted on 07/29/2006 5:04:20 PM PDT by GVnana (Former Alias: GVgirl)
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To: truth_seeker; SierraWasp; Carry_Okie
Some urban redevelopment is very beneficial. Some "blight" is really bad.

So-called "blight" is in the eye of the beholder. If the property is truly "blight," the property can be condemned without eminent domain. Urban development groups are among the largest abusers of property rights with their creative interpretations and creation of the "economic blight" concept.

51 posted on 07/29/2006 5:07:32 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: calcowgirl
"Tom has more faith in the Legislature spending these dollars than I do. The Proposition sure doesn't nail it down.
AP Enterprise: Gaps in levee bond raise concerns over flood fixes - California Prop 1E"

Reason enough for another NO vote.

52 posted on 07/29/2006 5:09:35 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Czar
They're pulling the same scheme they did in Prop 76--trying to defer repayment of Prop 42 funds (under the guise of positive reform). All this does is free up more money in the Gen Fund to allow them to spend more on their social programs. I posted this on another thread yesterday:
I'll be voting NO on Prop 1A. I think it's totally window-dressing (smoke and mirros) AND it lets them defer all prior borrowed monies for a longer time period. Under existing law, all monies need to be paid back by 2009. Prop 1A extends it to 2016.

LAO: "In addition, the measure lays out a new schedule to repay the Proposition 42 suspensions that occurred in 2003‑04 and 2004‑05. Specifically, the suspended amounts must be repaid and dedicated to transportation uses no later than June 30, 2016, at a specified minimum annual rate of repayment."


53 posted on 07/29/2006 5:19:07 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: editor-surveyor
The Senate Office of Research map is balony.

I tried to find more about it, but came up empty. Do you have any further details/links?

54 posted on 07/29/2006 5:21:28 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: calcowgirl
Check and checkmate.

NO

55 posted on 07/29/2006 5:23:39 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: calcowgirl
" AND it lets them defer all prior borrowed monies for a longer time period"

And that alone is sufficient reason to vote no IMO.

56 posted on 07/29/2006 5:23:48 PM PDT by editor-surveyor (Atheist and Fool are synonyms; Evolution is where fools hide from the sunrise)
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To: editor-surveyor
California has never been without the Initiative and Referendum processes.

An enlightening search string is Hiram Johnson. Johnson's 1911 contributions to California's constitutional processes have endured.

Their corruption began in the 1980's and today, 20 years later, they have devolved into a standard tool of the governing class, to sidestep original protections and intent.

Maintenance of due process protections requires constant vigilence. Three easy steps can be implemented to return the original intent of the legislation:

1) Time: Adequate time for judicial review before presentaion to the voters

2) Strict Interpretation: A through review of the proposal to assure strict compliance with the single issue clause.

3) Super-Majority Status: Those matters involving taxation or significant expenditures should require super-majority approval to conform to original intent and existing, constitutional protections.

57 posted on 07/29/2006 5:59:33 PM PDT by Amerigomag
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To: Amerigomag
1) Time: Adequate time for judicial review before presentaion to the voters

This is one of my pet-peeves, along with the legislature making these issues "urgency measures" and bypassing the Attorney General in the process of drafting the Ballot Title and Summary, instead mandating their own biased language.

58 posted on 07/29/2006 6:20:22 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: editor-surveyor
California has never been without the Initiative and Referendum processes.

So? My point was more about how it has become a commonplace thing, rather than a rarity. That the public feels the need to employ it so much reflects poorly on the legislature, whose job it is to be addressing these things.

59 posted on 07/29/2006 6:25:38 PM PDT by LexBaird ("Politically Correct" is the politically correct term for "F*cking Retarded". - Psycho Bunny)
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To: calcowgirl
"In San Francisco, one of the nation's most densely populated cities, that leaves only a few square blocks as inhabitable for registered sex offenders"

Hmmm. Isn't exposing yourself in public one of the things that can get you on the "sex offender" list? One day of arrests at the Frisco Gay Pride parade could depopulate the city.

60 posted on 07/29/2006 6:30:48 PM PDT by LexBaird ("Politically Correct" is the politically correct term for "F*cking Retarded". - Psycho Bunny)
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