Differing Views On Legislature's Tax Plan

The Sacramento Bee has canvassed law professors and received differing opinions as to the legality of adopting the Democratic plan for solving the budget crisis without a two-thirds vote. Interestingly, they didn't talk to any practitioners, other than Jon Coupal of the Howard Jarvis Taxpayers Association, who wants to be first in line at the courthouse. The article is here. Jesse Choper, in true law professor fashion, answered the reporter's question with his own (rhetorical) question ("What is a tax?"), and then said the answer, like most answers in the law, was complicated.