McMaster right to
defend constitution over catch-all law
WHEN GOVERNMENT actions are challenged, we too often get a
knee-jerk response, with officials defending the government, or
their little piece of it.
That’s the type of thinking that leads, for instance, to the
state spending millions to fight a lawsuit that charges that we’re
not providing an adequate education for all children — a question
that might be a close call from a constitutional perspective but
that isn’t even debatable from a perspective of what is true and
what isn’t. It’s the type of thinking that sometimes leads
prosecutors to pursue “victory” in court at all costs — and forget
that their job is to try to discover the truth and seek justice,
even if that means fewer convictions.
That’s why it was so refreshing to see Attorney General Henry
McMaster take the bold step of refusing to defend those in state
government who believe the hodgepodge of legislation patched
together under the name Life Sciences Act meets constitutional
standards. Instead, while the Legislature tries to defend its
actions, Mr. McMaster will go to court on behalf of the state of
South Carolina and agree with a Greenville plaintiff who says the
legislation violates the constitutional requirement that a bill must
relate to a single topic.
The move is not without risk. Legislators immediately suggested
that Mr. McMaster was trying to latch onto the immense popularity of
Gov. Mark Sanford, who vetoed the Life Sciences Act and threatened
to sue the Legislature after lawmakers handily overrode his veto.
(He ultimately backed down, but a self-styled government watchdog
took up the cause.) It was as if some legislators couldn’t even
comprehend that an attorney general might take such a position
simply because he believed that was his duty. If the Legislature
prevails, lawmakers will no doubt hammer hard at this idea that Mr.
McMaster’s actions were driven by politics, not an honest assessment
of the case.
Moreover, his point is easy to miss. The Associated Press
initially topped its article on Mr. McMaster’s decision with this
headline: “McMaster sides against state in lawsuit over Life
Sciences Act.” The headline was quickly changed, likely after Mr.
McMaster corrected that all-too-common misperception. As he
explained: “It is clearly the attorney general’s duty to defend the
state, but that means defending the constitution. Statutes come and
go. The constitution is the heart of what the state is, and that’s
what we have to defend.”
The case is not as straightforward as it appears. There’s no
doubt that the Life Sciences Act deals with more than one topic — it
creates four-year programs at two colleges, changes LIFE scholarship
requirements, funds a convention center, offers tax incentives to
pharmaceutical companies, creates a state-run venture capital fund
and lets colleges borrow more money. The framers of the constitution
prohibited such laws because they know that tacking unrelated
amendments onto bills can easily result in legislators being duped
into passing laws they didn’t notice and the public being shut out
of the lawmaking process.
The question is whether previous Supreme Court rulings — which
have historically been highly deferential to the Legislature, which
appoints judges — leave enough room to stretch the clear meaning of
words this far. But whether Mr. McMaster prevails or not, we should
all be proud of the fact that the official position of our state —
not of our Legislature, but of our state — is in opposition to the
anti-democratic, unaccountable and sometimes dangerous practice of
bobtailing. |