Raise your hand if you’ve heard of the Pico Act of 1859. The Dolwig Proposal of 1965? How about the Statham Proposal of 1992?
Didn’t think so. They are three of the 220 efforts to split California into smaller states, change its boundaries or secede and become a separate nation. None of them went anywhere, and neither will Bay Area venture capitalist Tim Draper’s latest undertaking. It’s a waste of money and voter time.
The California Supreme Court can do voters a favor by ruling in favor of the lawsuit seeking to remove the proposition from the November ballot.
The suit, filed on behalf of the Planning and Conservation League, contends that the proposition is a revision of the California Constitution that is beyond voters’ power to approve through an initiative. Proponents argue that the Constitution requires a decision of this magnitude also be approved by the state Legislature.
They’re right.
But even if that were to occur, there’s no way that the split would ever take place. There is a reason that no state has been divided into separate states since West Virginia was created in 1861.
Both houses of Congress would have to approve the split of any state, as required by Article IV, Section 3 of the U.S. Constitution. Congressional leaders aren’t about to hand four additional senators to the West at the expense of other regions. Nor will they want to deal with the massive financial issues that would arise.
The closest California ever came to splitting in two came with the Pico Act of 1859, when Assemblyman Andres Pico of San Bernardino County introduced AB 223 over perceived taxing inequities. The bill would have created the Territory of Colorado from Los Angeles, San Bernardino, San Diego, Santa Barbara and Tulare counties. Pico’s bill passed the Assembly and state Senate, was signed by Gov. John Weller and was approved by voters (2,457 in favor and 728 opposed). But Californians are still waiting for Congress — some things never change — to take action on the bill.
State Sen. Richard Dolwig’s effort in 1965 to split the state at the Tehachapi Mountains over water issues passed the Senate but was never considered on the Assembly floor. And Assemblyman Stan Statham’s 1992 proposal to split the state into Northern and Southern California won approval of the Assembly but died in the Senate.
Draper’s proposal would create three states: Northern California, beginning north of Monterey and running east to the Nevada border, including Yosemite National Park and all territory north to the Oregon border; California, a coastal strip running south from Monterey to slightly south of Los Angeles; and Southern California, which would include San Diego, Death Valley and all of the territory east to Nevada and Arizona.
The state Supreme Court asked supporters of the proposition to file a response to the lawsuit by Friday. The court should do its constitutional duty and save California voters the trouble of deciding the issue in November.