Jerry Brown has hit the Prop 30 campaign trail this week, in full whine. With poll numbers like this and this, his bad mood is easy to understand. But is his whining justified?
The governor calls the opponents “Orwellian” for their recent TV ad saying that Prop 30 will raise the tax on gasoline. But the fact of the matter is that the issue is cloudy.
Prop 30’s opponents make a plausible legal argument that the provisions of Brown’s measure, written to be a constitutional amendment, will yield a higher tax on gasoline and diesel because of the way they interact with the contortions the Legislature has gone through in recent years on swapping sales taxes on fuels for fuel excise taxes. The Legislative Analyst disagrees, but that office brings no legal expertise to the table on the issue. This would not be the first time an initiative created unintended effects because of poor drafting. Given the complex tangle of fiscal knots with which California has bound itself in its laws and constitution, differing interpretations of how the law works are inevitable, and hardly the stuff of Orwell’s 1984 or Animal Farm.
When Brown invoked Orwell, perhaps he was thinking about his own ads for Prop 30. In this television spot, state Controller John Chiang looks into the camera and says, with a straight face, that Prop 30 “means no more school cuts, with strict accountability. Sacramento politicians can’t touch the money….”
None of that is true, of course. Prop 30 temporarily raises taxes and state revenue, thereby reducing the state’s deficit and avoiding the trigger cuts to schools Brown and legislative Democrats enacted to threaten voters. But it doesn’t guarantee that schools won’t be cut more in the future, either when the next recession arrives (as it surely will) or when the tax increase expires, some of it in four years and the rest in seven.
Nor does it put the money off limits to “Sacramento politicians.” The extra revenue created by Prop 30 will free up an equal amount of money that can be budgeted for any purpose. That budgetary flexibility is the great advantage Prop 30 holds over Molly Munger’s Prop 38, which is mostly earmarked only for schools and pre-school. It’s why Brown’s measure has attracted support from health advocates, hospitals, social services providers, prison guards, universities, and the like. The extra revenue protects programs they care about, and that many voters care about too. (Has anybody bothered to tell all those aging baby boomers opposing Prop 30 that they are voting against funding the Medi-Cal program that will pay for their nursing homes?) Giving the people we elect more authority and discretion in raising and spending money is essential to making California governable.
But Brown and his hired liars are afraid to say so. Instead, the Prop 30 campaign puts out ads in which a Sacramento politician tells us untruths about what Sacramento politicians can or can’t do with the money the measure raises. It’s easy to understand why they do that. But understanding why someone might say “War is peace. Freedom is slavery. Ignorance is strength” doesn’t stop it from being Orwellian.
