Bobtailing must be
curtailed, one way or another
ANYONE WHO IS familiar with the State House knows that our
Legislature makes a practice of stringing together tangentially
related — sometimes even completely unrelated — matters into a
single bill, and then sliding them through the process without
proper debate and occasionally even without most people knowing
what’s happening.
That’s how the Legislature legalized video poker. It’s how the
Legislature passed a bribery-tainted retroactive tax cut a decade
ago. It’s how we get pork-barrel spending. And it’s how we ended up
with an economic development incentive bill that also creates a
four-year state university in Sumter and a four-year culinary arts
program at a Charleston technical college and a convention center in
Myrtle Beach and a host of other special goodies.
Even legislators acknowledge this practice, which they refer to
as “bobtailing.” And most denounce it — on those occasions when they
don’t like the contents of what they call “Christmas tree” or
“kitchen sink” bills.
So let’s drop all the feigned innocence and outrage over Gov.
Mark Sanford’s contention that the Life Sciences bill violates the
state constitution. Of course it does. If by some bizarre
interpretation of the plain words of the constitution it could be
determined that this particular bill doesn’t, there still are
countless other bills that legislators pass every year that do
violate the requirement that bills “relate to but one subject.” And
we need to put a stop to that.
Last week, Mr. Sanford delayed what was widely expected to be an
announcement that he was asking the Supreme Court to declare the new
law unconstitutional. Instead, he said after meeting with
legislators that while he still might bring a lawsuit, for now he
had decided to “take them at their word that there is a willingness
to fix this thing legislatively.”
That is the appropriate course, even though following it through
would have the heavy price of guaranteeing that the abominable law
stands. While a constitutional disagreement between the governor and
the Legislature is one of those very rare public policy questions
that is appropriate for the court to resolve, it is generally better
for elected officials to reach a political solution rather than
involve the judiciary.
But one thing needs to be clear: This is a matter that needs to
be resolved, and it needs to be resolved in favor of greatly
reducing bobtailing. The practice is antithetical to good
government: It shuts the public, and sometimes the legislators
themselves, out of the law-making process, by hiding the true
meaning of legislation until it’s too late to do anything about it;
and it thwarts the will of the majority, by allowing narrow
minorities to form coalitions and string together pet projects and
ideas that could never pass if they had to stand on their own.
If legislators are willing to address this problem by passing a
law and legislative rules or, better still, a constitutional
amendment to spell out in greater detail precisely what is and what
isn’t allowed, then that is what should happen. Their willingness
and their ability to do this should become apparent rather quickly,
and so it should become apparent rather quickly whether the governor
needs to proceed with a lawsuit.
But if lawmakers do not take action quickly to see to it that
bobtailing is greatly curtailed, then the governor will have no
choice but to ask the Supreme Court to do so. And he should not
hesitate to do
that. |