New Year, New Laws

As the new year begins, Pres girls already know the latest news around our campus. Everyone knows that hall decorating is fast approaching, seniors now get free dress on Friday and food service is posting a calorie count for their menu items. But does anyone know the latest state and local news? Here are the latest local and California laws that went into effect on January 1, 2012:

San Jose Plastic Bag Ban:

The city of San Jose has placed a ban on plastic retail bags. Grocery stores, pharmacies and retailers will be affected by the law, but nonprofit organizations and restaurants will not. During the first two years of the ban, the charge for a paper bag made with 40 percent post-consumer recycled materials will be ten cents. After two years, the charge will be 25 cents. The law is an effort to help reduce pollution and our carbon footprint in San Jose.

Pros:

It was obvious that plastic bag litter was getting a bit out of control in our city. The law is an effort to help reduce pollution and our carbon footprint in San Jose. This law will encourage everyone in San Jose to use reusable bags. This easy alternative to a paper bag can save our environment from much pollution. Although it may seem inconvenient at first to bring reusable bags to the store, once the people in San Jose get into this habit, it will become much easier both on us and the environment.

Cons:

However, as noble as the intentions may be, this law may not be the best solution to the problem. Reusable bags, although they do help us to reduce our waste, will not last forever. Additionally, some argue that it should be the decision of the store, not the city, to help reduce waste. For example, Urban Outfitters uses reusable bags instead of paper at their store. If you do not want a bag, they will donate the ten cents they would have spent producing the bag to a local charity. This is a great example of a retail store making a difference for the environment and the community through their own decisions; not the decisions of the government.

LGBT Equality Laws:

Many laws were enacted this year that made great progress for LGBT equality in California. A notable addition is the California Gay History Law. This law requires that social studies text books in California public schools must include gay, lesbian, bisexual and transgender accomplishments. This July, the California Gay Bullying Law will also take effect. School districts will be required to have a uniform process for handling gay bullying complaints. Also, it will mandate that school faculty must intervene if they witness an incident of gay bullying.

Pros:

The California Gay History law not only educates about the LGBT community, but it also serves as a gateway for discussion on the topic in schools. The California Gay Bullying Law will hopefully make schools in California a safer place for gay students and bring an end, or at least a decrease, to gay bullying in California.

Cons:

Some Californians may believe that schools should not educate in public schools about LGBT history. Some religious groups object to the law because they believe homosexuality to be morally wrong. They do not want schools to be educating their children about this lifestyle and culture.

Tanning Bed Ban:

A new law in California bans the use of tanning beds for people under the age of 18. Before this law, the age restriction was 14 in California, but people between the ages of 14 and 18 could only use the beds with parental permission.

Pros:

Although being tan is glorified in society and the media, tanning beds are known to lead to cancer due to the intense levels of radiation exposure during tanning. This law attempts to protect minors from this harmful practice by restricting them from access and therefore protecting their health.

Cons:

Some believe that minors should have the right to use tanning beds if they choose. This law makes California the state with the highest restriction for using tanning beds.

California Handgun Open Carry Law:

As of January 1, California citizens may not openly carry a handgun. Before the law, anyone with a gun permit could carry an unconcealed handgun in California. This law, however, does not ban one from carrying a rifle or shotgun in California with a permit.

Pros:

Police officers support the new law because a situation can become potentially dangerous for a cop when an openly displayed handgun is involved. They cannot be certain if a handgun is loaded or empty. This law increases safety for not only police officers, but also all Californians.

Cons:

Although it is an effort to bring about greater safety in California, guns rights advocates condemn this new policy because they believe it infringes on their right to bear arms. As American citizens, they believe they should have the right to carry a handgun in public because of the second amendment.

The Dream Act:

The Dream Act will go into effect July 1, 2012. It allows undocumented students to apply for and receive financial aid at California public colleges and universities. Also, if the student meets the income requirements, they can apply for Cal Grants. However, these students may not receive aid from Cal Grants until all documented California residents have received the aid they are eligible for.

Pros:

This bill will allow undocumented students in California to receive an affordable college education. Undocumented students were brought to our country by their parents, so it is unfair to penalize them because of the actions of their parents. Many of them have been in America for as long as they can remember, and this country is their home. Through education, these students will be able to have a better life in the United States. Also, this law will not affect financial aid given to documented California students.

Cons:

Many tax dollars will be spent on this bill. Some citizens do not want tax dollars to be spent on undocumented persons and instead be spent on those citizens who do pay taxes in California. Those opposed to immigration worry that the Dream Act will encourage more immigration by providing inexpensive education to immigrant children. Parents may be more inclined to immigrate with their families to receive government aid for a good education.

Politics Preview

After a politically-charged year, with upsets and changes in the balance of power and controversial bills, 2011 is set to be another year full of debates and compromises. With the upcoming Proposition 8 case, a new governor in California, a Republican-dominated House of Representatives and a currentlydefeated Dream Act, there will be plenty of political fodder for the new year.

Prop 8

In November of 2008, voters in California passed Proposition 8, which added the clause “only marriage between a man and a woman is valid or recognized in California” to the state constitution.

Now, after Perry v. Schwarzenegger was ruled unconstitutional by Chief Judge Vaughn Walker in August 2010, the case is being returned to the California Supreme Court. Before the Ninth Circuit will agree to hear the case that could potentially make same-sex marriages illegal in the state, the California Supreme Court must decide if the supporters of Proposition 8 have legal standing to appeal.

The question of legal standing arises because of the lack of support for the case from government offi cials. Although former Governor Arnold Schwarzenegger is listed as the defendant in this lawsuit, neither he nor any other state offi cial, including Governor Jerry Brown and Attorney General Kamala Harris, has agreed to back the case. Instead, the defense has been put on by the proposition’s supporters.

If the supporters of Proposition 8 are found not to have legal standing, then Chief Judge Walker’s ruling, which declared Proposition 8 unconstitutional because it violated the Due Process and the Equal Protection Clauses in the Fourteenth Amendment, will stand.

Until a decision is reached, however, the hold on same-sex marriages will remain in place.

Jerry Brown/ Budget

Now that he has won the election, Governor Jerry Brown must face a state budget defi cit of $25.4 billion, according to the Associated Press.

On Jan. 10, 2011, Governor Brown released his proposed plan for the California budget, which included $12.5 billion in cuts. Some of the proposed cuts include a $1 billion reduction in money for the California State University and University of California systems and a $1.7 billion cut from Medi-Cal.

The budget plan also includes reducing the funding of California’s welfare-to-work program by $1.5 billion as well as cutting $217.4 million from Health and Human Services. The courts will also receive a $200 million reduction in funds. The proposed funding for public K-12 schools is about the same as the funding from the 2010-2011 fi scal year.

However, the cuts are only the first part of the governor’s proposed three-step plan. Following the budget cuts, voters would need to support extending certain tax rates. The third step, once cuts and taxes are dealt with, would be the passing of a fi nal state budget.

The proposed budget may also run into a legal hurdle that has nothing to do with the painful cuts themselves: some experts believe that because it seeks to change the state’s spending formulas, it will run afoul of Proposition 25 and thus require a 2/3 vote to pass instead of a simple majority. However, it remains to be seen whether Proposition 25 is relevant in this case.

Immigration Debate

The Fourteenth Amendment begins with the following statement: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

However, recent debate has called into question whether citizenship should truly be given by birth. Concerns about immigrants using so-called “anchor babies” to unfairly remain in the United States have become more prevalent, and many are even calling to change the Fourteenth Amendment itself.

The failure to pass the Development, Relief and Education for Alien Minors (DREAM) Act in December 2010 refl ects the anti-immigration sentiments held by many politicians. The DREAM Act, which sought to provide a pathway for illegal immigrant minors to achieve citizenship through good behavior and either higher education or military service, was condemned because it was seen to encourage illegal immigration.

The DREAM Act was passed in the House of Representatives in early December, but it died on the Senate fl oor when it failed to overcome a fi libuster. However, this was not the first time that the DREAM Act was introduced to Congress. The DREAM Act was fi rst introduced in 2001, according to the United States Student Association, but incarnations of the DREAM Act also failed to pass in 2006 and 2007.

A number of politicians argue that measures such as the DREAM Act and citizenship by birth exacerbate the illegal immigration issue; people will have or bring their children to try and cheat the system instead of applying for citizenship legally.

Despite the setback of the recent failure, there is the possibility that the DREAM Act will be reintroduced onto the Senate floor. Senator Harry Reid of Nevada promised that the Senate would eventually vote on the DREAM Act, as he has the power to bring the bill up for another vote in the future. Although it remains to be seen whether supporters would be able to gather up enough votes to break another fi libuster, the DREAM Act may not be dead just yet.

Republican Congress

When the republicans regained control of the House of Representatives in November 2010, questions were raised about whether President Barack Obama, a democrat, would be able to continue pushing forward his legislation. After issues arising with the Affordable Care Act back when the democrats still held the majority in both houses of Congress, many wonder if a Republican-controlled House may be an insurmountable obstacle.

In actuality, it’s not uncommon for the president’s party to lose midterm elections. Discontent is at its highest in the middle years of a presidency, especially as the “honeymoon” effect wears off. The average number of seats lost by the president’s party in the House of Representatives between 1954 and 2002 was 21, and an average of 3 seats was lost in the Senate during that same time frame.

In fact, the increase in elected Republicans during President George W. Bush’s first term in office was something of a rarity. Boosts from his counter-terror policies after 9/11 counteracted the usual midterm decline in popularity.

When we look at how President Obama might fare with a Republican-controlled House of Representatives, it is worth keeping in mind the Clinton presidency. President Bill Clinton faced a Republican-Controlled House and Senate after the mid-term elections of 1994, leading to clashes on economic issues. Clinton also found it diffi cult to accomplish his goals and get things done, as conflicts with Congress led to slow progress.

Recently, the divide between the Democratic presidency and the Republican House became apparent after the House voted to overturn the Affordable Care Act on Jan. 19, 2011. Although their vote will likely have no legal impact on the bill, as the Senate will most likely not pass the new bill and President Obama would veto it if it ever passed both houses, it stands as a political statement of the divides between the two sections of government.

Propositions

In each state election, a slew of propositions appear on the ballot, which can dramatically change state policies and have a big impact on Californians. However, voters often do not know what each measure stipulates. In the upcoming November election, there are nine propositions on the ballot. The media have covered a few of these propositions, but some have not received much attention. Here are the propositions that will have a distinct impact on the state government and residents of California as stated in the Official Voter’s Guide.

Proposition 19

Perhaps the proposition that has received the most coverage, Prop 19 will significantly change the state’s policy towards marijuana usage. The proposition allows people 21 years or older “to possess, cultivate or transport marijuana for personal use”. It permits local governments to regulate and tax the marijuana. It prohibits people from possessing marijuana on school grounds, using it in public, smoking it while minors are present or providing it to anyone under 21. The current measure prohibiting the use of marijuana while driving will remain intact.

Pro:

Those in favor of this legislation have stipulated that the taxes collected from the marijuana will help alleviate the current overwhelming debt of California. Supporters point out that state and local governments would greatly benefit from the revenue that would be created by sales tax and other fees on marijuana if it were made legal. It makes marijuana available only to adults and adds criminal penalties for giving it to anyone under 21. Additionally, the prisons are currently filled with people who committed marijuana-linked crimes, allowing for more focus on the more serious crimes.

Con:

Opponents have argued that marijuana is a harmful substance that should be kept illegal and that if it is made more available, there will be too many negative consequences. Opponents also suggest it would only bring the state a very modest amount of additional revenue, so it is not worth the public costs. Organizations such as Mothers Against Drunk Driving (MADD) oppose the proposition because it allows drivers to smoke marijuana until the moment they climb behind the wheel. Legalizing marijuana may endanger the public’s safety.

Proposition 22

This measure prohibits the state from borrowing or redirecting cash from local government property taxes, gasoline taxes, local transit and redevelopment funds and other locally issued taxes in order to balance the state budget. It prohibits the state from delaying the distribution of tax revenues for these purposes even when the governor deems it necessary to alleviate a severe fiscal hardship.

Pro:

Voting yes on 22 stops state politicians from taking local government funds. This ballot measure stops the state from taking gas taxes voters have dedicated to transportation. Prop 22 protects local services such as 911 emergency response, police, fire, libraries, transit and road repairs.

Con:

If 22 passes, public schools stand to lose billions of dollars. Opponents stipulate that the measure takes money that firefighters use to fight fires and natural disasters, while protecting redevelopment agencies. Proposition 22 reduces funding for education, shrink budgets for fire and public safety and make it even harder to balance the state’s general fund budget. Proposition 22 also locks in protections for redevelopment agencies into California’s constitution.

Prop 26

Under California’s Constitution, the state legislature can pass or increase taxes with a two-thirds vote, but the politicians in Sacramento try to get around this constitutional requirement by calling their taxes “fees,” which only require a bare majority to pass. At the local level, a public vote is required for most tax increases, but fees can be enacted without a public vote. Just like the state Legislature, local politicians have been calling taxes “fees” so they can bypass voters and raise taxes without voter permission – taking away voters’ right to stop these hidden taxes at the ballot. Proposition 26 would stop the politicians from imposing these “hidden taxes” on Californians just by calling them fees.

Pro:

Politicians will no longer be able to hide new or higher taxes under the name of a “fee” in order to get more taxpayer money. Voters will have more control over politicians’ fund spending. Hidden taxes and fees work against job creation, drive businesses out of state and force many small businesses to close. Unless Prop. 26 is approved by voters, more everyday items could be impacted by hidden taxes, including food, gas, toys, water and insurance. This measure will also help create new jobs instead of taking them away.

Con:

Opponents believe that the big oil companies do not want to pay fees used to clean up hazardous waste. One of the “hidden taxes” identified by the Proposition 26 campaign is a fee that oil companies pay in order to cover the cost of oil spill clean-up, like the one in the Gulf. The funds raised by these fees are used by state and local governments for essential programs like fighting air pollution, cleaning up environmental disasters and monitoring hazardous waste.

Farewell to the Lion of the Senate

This past week, the United States suffered a terrible loss of the “Liberal Lion” of the Senate, Ted Kennedy. Senator Edward Moore Kennedy died on Tuesday night after a grueling 15-month struggle with brain cancer at the age of 77.

The senator from Massachusetts had often been overshadowed by his influential brothers, President John F. Kennedy and presidential candidate Robert F. Kennedy, both of whom were assassinated. However, his 47-year career in the Senate was nothing short of legendary. Kennedy was first elected in 1962 at the age of 30, and went on to pass some of the most groundbreaking legislation in United States history. Some of his most noteworthy accomplishments included work on the Civil Rights of 1964, the Voting Rights Act of 1965, the Americans with Disabilities Act in 1990, and the Family and Medical Leave Act in 1993. It is because of Kennedy’s influence that everyone has equal voting rights in America today and that the disabled have access to the resources they need to succeed. Kennedy had a famously voracious work ethic, and it certainly did not go to waste.

Because of his tireless efforts to aid in issues such as health care reform, Obama awarded Kennedy the Presidential Medal of Freedom in August. Now, Democrats are clamoring to put Kennedy’s name on the health reform bill currently in Congress. Kennedy’s funeral will be held on Saturday, August 29 at the Basilica of Our Lady of Perpetual Help in Boston.

Overall, Ted Kennedy was the model of all that a United States Senator should be; he was willing to reach across party lines to pass legislation for the common good, worked hard, and made the most of his career. Though his views often seemed radical at the time they were suggested, he made a profound impact on America as we know it and will be sorely missed.