Case Study: Challenging The California State Constitution

     In 2014 there was an initiative pushing for a state division looking to end the existing State of California and replace it with six new states. When California was seized from Mexico there was a Treaty in 1848 with Mexico relinquishing its territory to the United States. In 1849 California's delegates defined the borders of the state, then in 1850 Congress and President Fillmore allowed California to join the Union as a Free State, discouraging the idea of dividing the state into two. Nine years after becoming part of the union Legislature passed a measure allowing California to become separate territories. Even with voters approval, Congress never moved to separate Southern California. Fast forward into the 1940's and northern territories continued to push for separation from the state finding the same fate their predecessors had. The proposal of 2014 brought a new push to amend California State Constitution, while maintaining its current county borders, but creating a separate state per region. The sates would be known as Jefferson, North California, Central California, Silicon Valley, West California, and South California.
     The proposal of division came with a new set of dilemmas pertaining to State and Local Government disbursement of funds. In the California Constitution it gives the state power to distribute responsibility, holding local government to produce their own local laws. However, the state of California can mandate local government to provide resources to its residents, with there being a reimbursement after from the state to the district. If a division of State were to occur there could be a disruption on a federal and local courts level, making the distribution of state assets and liabilities difficult to asses and distribute accordingly. There was also discussion on how taxing would be implemented, which help fund school districts closing the gap between who receives more financial assistance from the state, Each property tax would depend on the different state, the state that collects less property tax would then help fund the school district. Other concerns were also the distribution of water, federal assistance, land use, and prisons. It is clear that all assets and liabilities will be divided among the states.
     There is discussion that this proposal may make it into the 2016 voters ballot. Hypothetically, say it does pass by majority vote, and California does become six new states. Will Congress recognize the decision and move forward finding ways to recognize the new states, while addressing their new set of "state laws". Will there be a new State Constitution or would we continue to recognize what already presently exist? The election of 2016 will come with many changes, but before any real change can take effect getting a better look at the logistics may be in order.

Work Cited

• http://www.lao.ca.gov/ballot/2013/130771.aspx