Posted by
SD45 on Tuesday, March 18, 2008 8:37:33 AM
Gary Gross from Let Freedom Ring analyzes Lyndon Carlson's constitutional amendment allowing the legislature to call special sessions (currently called only by the Governor):
Constitutional amendment; special sessions. Proposes a
constitutional amendment that would allow the legislature to call a
special session that could last up to seven legislative days. This
would be done upon the written agreement of a majority of the members
elected to each house or upon the order of the presiding officers of
both houses. Provides that any bill may be considered whose subject is
stated in the agreement or order that convened the special session.
Submission to voters. The proposed constitutional amendment would be submitted to the voters at the 2008 general election.
The thought of legislators setting their calendar is scary. First
off, it isn't a good idea to give the legislature this much power,
regardless of which party controls the legislature. The last thing we
need is to give legislators more time to spend more of our money.
They've got enough time to do that already.
There's another
good reason why the Minnesota Constitution says that the governor is
the only official who can call a special session. He's the only
constitutional officer in the legislative chain who's accountable to
each citizen of this state.
Having legislators controlling their
schedule is inappropriate because it doesn't incorporate anything to
hold legislators accountable. How can someone in Fargo or St. Cloud or
Owatonna hold speaker Kelliher or Majority Leader Pogemiller
accountable? It's only logical that the governor, the person at the top
of the legislative food chain, be held accountable for calling a
special session. This amendment seeks to abandon the constitutional
principle of checks and balances.
Frankly, this amendment won't have a chance to pass once people explain the impact this amendment might potentially have.
This
constitutional amendment all but removes deadlines on getting bills
done. Let's also recognize that it's an attempted end run around this
governor. Those aren't the only negative things to this amendment.
According to the amendment's text, it doesn't specifically limit the legislature to only calling one special session per year:
Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
An
amendment to the Minnesota Constitution is proposed to the people. If
the amendment is adopted, article IV, section 12, will read:
Sec.
12. The legislature shall meet at the seat of government in regular
session in each biennium at the times prescribed by law for not
exceeding a total of 120 legislative days.
The legislature
shall not meet in regular session, nor in any adjournment thereof,
after the first Monday following the third Saturday in May of any year.
After meeting at a time prescribed by law, the legislature may adjourn
to another time. "Legislative day" shall be defined by law. Upon the
written agreement of a majority of the members elected to the house of
representatives and a majority of the members elected to the senate or
upon the order of the presiding officers of both houses, the
legislature shall convene in special session. Any bill may be
considered whose subject is stated in the agreement or order that
convened the special session. A special session called by the
legislature may not exceed seven legislative days. A bill may be passed
on the day prescribed for adjournment of the special session. A special
session of the legislature may also be called by the governor on
extraordinary occasions.
Neither house during a session of the
legislature shall adjourn for more than three days (Sundays excepted)
nor to any other place than that in which the two houses shall be
assembled without the consent of the other house.
2.1 Sec. 2. SUBMISSION TO VOTERS.
The proposed amendment must be submitted to the people at the 2008 general election. The question submitted must be:
"Shall
the Minnesota Constitution be amended to require the legislature to
meet inspecial session for up to seven days upon the agreement of a
majority of the members of each house of the legislature or upon the
order of its presiding officers?
Yes .......
No ......."
Because
it's vaguely worded, the legislature could call a special session for
education, another for transportation, still another for jobs, another
for health care, etc. Based on that information alone, why would we
want legislators to have that much authority? Their authority would all
but exceed that of the governor.
This is intolerable. It's an
unprecedented attempt to rewrite the basic structure of Minnesota's
Constitution. One thing further: I'll bet that the DFL knows that this
constitutional amendment doesn't stand a prayer in hell of passing. I'l
bet that they're using this to push turnout. That's why it's imperative
that we use it to push turnout on our side.
Let's use this initiative to highlight how power-crazed the DFL is.