LEARNING FROM PAST MISTAKES

The CA recall could be a legal fiasco. In one sense it's a pity that no one wrote -- and called widespread attention to -- an article like this one, by Rick Hasen, before the 2000 presidential election fiasco in Florida. Link from Lawrence Solum's Legal Theory Blog. Prof. Hasen has been following the recall closely and has the most complete collection of commentary and links on the legal side of the subject that I have seen anywhere.

Just to round this out: the recall continues to be a bad idea and the whole idea of ballot initiatives should be scrapped. If there is anything that American politics needs less of, it is elections. The U.S. already has more frequent elections -- and shorter terms in office among elected officials -- than any place in the world, and, as Anthony King has argued, our politicians "run scared" to a degree that would be unimaginable to politicians in the rest of the democratic world. Furthermore, this recall is already beginning to reinforce the idea that in politics, money rules: if you want to boot a governor from the other side of the isle [or, "aisle," for a more -- ahem! -- common metaphor], plop down a million and tap into voter discontent. Maybe you'll even get lucky and get the governorship for yourself. Finally, as the 2000 election controversy shows, elections bring out everyone's inner partisans, so that the arguments that appear persuasive to people are mostly a function of how those arguments benefit their chosen party. See Jonah Goldberg's flip-flopping here, for example. I'm not inside Mr. Goldberg's head, but I doubt he would be even considering a flop if, say, Reagan were the target of the attacks -- and even though I don't really carry a torch for Davis, I realize that my comments are not immune from my own criticism.

In a more scheming sense, then, I wouldn't be that upset if this election does become a legal fiasco; that, at least, might lead to increased pressure for limiting or ditching the provision altogether. Maybe not, but a smooth recall won't create any such pressure.

On the lighter side, perhaps this ballot would do. Looks like it might be a punch card ballot, though. . .