When our checks and
balances work just right
By HENRY
MCMASTER Guest
columnist
The journey of the Life Sciences Act through the legislative,
executive and judicial branches of our state government is a
remarkable example of our system working as our founding fathers
intended.
It presents a textbook civics lesson of how the crosscurrents of
politics, human industry and constitutional law ultimately can
produce great progress.
The life sciences facilities bill was originally a bill dealing
with tax incentives for existing businesses engaged in
pharmaceutical, medical and related laboratory instrument
manufacturing or processing, or research and development. As the
bill made its way through the legislative process, several
provisions were added. They provided venture capital for investment
in start-up companies, “seed capital” for research and development
for new products, small grants for technology incubators at the
three research universities (USC, Clemson and the Medical University
of South Carolina) and $250 million in bond money for the
universities to build the necessary infrastructure to attract
research projects.
But along its journey, the life sciences bill also picked up many
worthy but totally unrelated items, such as a four-year culinary
program at Trident Tech in Charleston, four-year degrees at USC
Sumter, bonds for an international trade center in Myrtle Beach,
changes in the eligibility requirements for LIFE scholarship
recipients, a study for a new law school at South Carolina State
University and health insurance for graduate students.
We do not know which of these unrelated provisions would have
survived the legislative process on their own. But “bobtailed” one
on another and tacked on to one massive bill, they all passed
together.
Irrespective of the merits of the provisions, the bill failed to
comply with the “one subject” requirement of Article III, Section 17
of our South Carolina Constitution. That section mandates in plain
language that “every Act or resolution having the force of law shall
relate to but one subject and that shall be expressed in the
title.”
Gov. Mark Sanford, exercising his executive authority, used this
constitutional provision as his basis for vetoing the entire bill.
The General Assembly, exercising its legislative authority, promptly
overrode his veto, and the life sciences bill became law.
When the governor decided against bringing a lawsuit against the
General Assembly, Edward D. Sloan Jr. of Greenville, exercising his
rights as a private citizen, stepped in to champion the governor’s
cause by suing the General Assembly and the state.
One misconception about this lawsuit is how I came to be
involved. When the state of South Carolina is sued, the attorney
general defends and represents it in legal matters. This means
defending the constitution, too. While statutes and acts come and
go, the constitution forms the heart of the state. That is what I am
elected and sworn to defend.
Therefore, when Mr. Sloan sued the state, my duty was to
determine and argue the correct position on the constitutionality of
the Life Sciences Act before the state Supreme Court.
In the Supreme Court, three distinctly different positions were
argued on the bill’s constitutionality:
• Mr. Sloan’s attorney argued that
the entire act was hopelessly unconstitutional and therefore null
and void due to the wide variety of subjects it embraced.
• The General Assembly’s attorney
argued that all the provisions related to but one broad subject,
economic development, and must all be upheld.
• I argued for the state that the
core of the act related to but one subject — the development of the
life science and biotech industries around our three research
universities — and should be upheld, but that the unrelated sections
should be stricken as unconstitutional.
Here’s why:
The core of the bill was momentous legislation. By providing the
three proven catalysts for successful life sciences and biotech
research and development — tax incentives for existing biotech and
life sciences companies to cluster around research universities,
seed money for start-up companies and infrastructure for these
research universities to facilitate and encourage such innovative
efforts — our state has taken an important step into the 21st
century.
In years past, we have made great strides with industries such as
aircraft fuselages, rolled steel, tires, automobiles, electric power
and tire products, but we have not — until now — committed ourselves
to the entrepreneurial promise of life sciences and biotech research
development.
Like Wisconsin, Kentucky, Arizona, North Carolina and California,
we have now signaled our interest in the commercial application of
research in fields as diverse as human aging, biochemistry, curing
cancer, organ transplantation, tissue regeneration following
disease, injury or burns, restoring eyesight, immunology, medical
imaging and genetically engineering plants. But unlike our
competitor states, we are providing the three catalysts
simultaneously, and in permanent law.
The final act in this series of constitutional checks and
balances came when the Supreme Court exercised its judicial
authority, agreeing with the position my office had argued, and
struck down the non-germane provisions but upheld the core of the
act.
With the Life Sciences Act, our three branches of government have
checked and balanced each other to produce positive results. Our
founding fathers would be proud.
Mr. McMaster is the S.C. attorney general. |