Even by the low standard of its own past performance the California legislature’s conclusion to its legislative session over Labor Day weekend set a new mark for political chaos. In quick order the legislature moved to adjourn, the governor proclaimed a special session, the assembly assented—and the senate refused, adjourning until December. An impasse resulted, with the assembly speaker insisting on considering the special session bill (it’s about fuel prices), the senate president pro tem declaring the matter closed, and the official word from the governor’s office amounting to “stay tuned.” The problem all three actors face is that the only realistic solution here is a political compromise (gasp!) because none of them have any better options.

The one clear legal principle here is the governor’s authority under California constitution article IV, section 3(b) to call a general special session: “On extraordinary occasions the governor by proclamation may cause the legislature to assemble in special session.” But that provision lacks an enforcement mechanism, leaving us with no obvious procedure if the legislature (or one house) ignores a governor’s proclamation. In contrast, article IV, section 10(f) authorizes a gubernatorial special session specifically for fiscal emergencies and provides a sanction for the legislature’s failure or refusal to send the governor anything for signature: “the legislature may not act on any other bill, nor may the legislature adjourn for a joint recess, until that bill or those bills have been passed and sent to the governor.”