Federalism follies in an age of dysfunctional politics

As I have noted before here and here, the pros and cons of federalism look quite different through the lens of criminal justice.  And this fascinating news report from California spotlights reasons why dysfunctional state politics may lead some state actors to urge federal intervention and control: 

Gov. Arnold Schwarzenegger said Tuesday he welcomes the threat of a federal judge imposing a prison population cap because the strong prospect of court-ordered inmate releases might be the only way to trigger action by an ideologically polarized Legislature.

“I like the idea of a federal judge threatening us, because this is the only way that in our Capitol there will be action created,” Schwarzenegger said in a brief interview after touring a prison in the heart of the Southern California media market. “Because for 10 years now, before I came in, they’ve been fighting about the same problem. They haven’t built anything in a decade, but we’ve seen this increase in inmates. So something is going to happen because of the judge telling us that he’s going to take action if we don’t.”

Schwarzenegger’s comments came as he dedicates a week to selling a $10.9 billion prison construction and sentencing overhaul to both the Legislature and the public.  His trip Tuesday to the California Rehabilitation Center in Norco attracted a bevy of media and followed a tough-on-crime press conference he held Monday with Los Angeles County Sheriff Lee Baca and Republican presidential candidate Rudy Giuliani….

The governor also wants to create a sentencing commission that Republicans think would be the state’s first step toward letting criminals out of prison before their terms are up.  The governor said in the interview that his corrections fix should hold plenty of appeal for Republicans, mainly billions of dollars to expand prison, jail and juvenile detention space that would accommodate tens of thousands of offenders of all ages at the state and local levels.  As for the Democrats, Schwarzenegger said he envisions a deal that would open the door for changes they want to see in parole and sentencing. “All of that can be worked out as long as we understand all that is on the table,” Schwarzenegger said. “Especially knowing that a federal judge is breathing on our neck and that they’re going to release a certain amount of inmates.” …

U.S. District Court Judges Lawrence Karlton in Sacramento and Thelton Henderson in San Francisco have both scheduled June hearings as first steps toward imposing inmate population caps. Both judges have suggested they are ready to act in absence of any action by the state to do something about its hugely overcrowded prisons, where some 172,000 inmates in California’s 33 prisons and attendant camps and community facilities are now living in space designed for half that many.