For decades, “good governance” has been little more than a talking point for politicians on the road to reelection or a promotion to higher office. In 2014, the California Legislature attempted to give teeth to the idea, successfully spearheading an amendment to the California Constitution approved by voters in 2016. But despite its efforts to “drain the swamp,” the Legislature gave itself a powerful tool, the authority to suspend or expel legislators without pay, that presents more problems than solutions. This article explores the implications of that amendment, including the extent to which it, as codified, comports with procedural due process requirements. In so doing, the article proposes several changes that would further insulate the amendment from a legal attack.
Brantley I. Pepperman, Guilty Until Proven Innocent: California's Prop. 50 Turns the Concept off Due Process On Its Head, 51 Loy. L.A. L. Rev. 609 (2018).