Voters should reject the Idaho legislative power grab in constitutional amendment
The three of us participated in one or more of the three branches of Idaho’s government for decades and, as they say, we have “seen it all.” Well, except a legislative power grab so brazen as Senate Joint Resolution 102, which would allow the Legislature to call itself into special session upon the request of 60% of the members of each house.
The special session could only consider the “subjects” listed in the request petition, but it is not hard to envision how that would work. Legislators wanting to get some favorable publicity in an election year would start a petition to meet on their favored “subjects,” a rather inclusive word. If the petition listed “taxes,” the special session could consider proposals throughout the state’s voluminous tax code. Other legislators might say they would sign the petition only if the subject of “health care” or “education” or whatever else was to be considered. In other words, getting the required 60% could entail listing practically every subject under the sun.
A special session called by the governor under our Constitution can last a maximum of only 20 days. The special session he recently called lasted just one day. A special session called by the Legislature under SJR 102 could last for days, weeks or months, opening up the possibility of a full-time Idaho Legislature.
The Idaho Legislature conducted a test run of its idea last year. In clear violation of the Idaho Constitution, which allows only the governor to call a special session, the House simply refused to say it had concluded business and claimed it could remain in session until the end of the year.
First, if it really does have such power already, why does it need SJR 102? Second, look at the fiasco that occurred when it did reconvene in November for no good reason. The House saw the introduction of 29 bills, none of which made it through the legislative process. It was merely political theater, which wasted $100,000 of taxpayer money.
When Idaho’s constitutional framers were meeting in Boise in 1889, they were not certain how often the Legislature should meet to consider state business. They were wary of having the body in session more than absolutely necessary. Some proposed the Legislature meet every other year, while others contended every third year would suffice. Some even thought every fourth year would be enough. The framers decided to try every other year, figuring they could always go to triennial sessions if that was too often. They provided for the governor to call special sessions in case an emergency arose between sessions. In 1968, legislators convinced voters to approve a constitutional amendment providing for annual sessions.
Granting the governor the exclusive right to call special sessions was one element of the concept of governmental checks and balances, which was of paramount importance to the framers. They would not have dreamed of giving the Legislature the power to call itself into session. The Legislature demonstrated the folly of that idea with its shameful, wasteful rump session last year. There was absolutely no emergency to be dealt with. Many just wanted to use the gathering to snipe at the governor for measures taken earlier to combat the pandemic. Most all of those measures had lapsed by the time the session was held in violation of the Constitution.
The Legislature has become dysfunctional in recent years, choosing to devote much of its time to tilting at meaningless culture war windmills. Important concerns of the voters — such as providing for construction and maintenance of public school facilities, which the Constitution requires the state to do, or providing property tax relief to homeowners — are neglected. Approval of SJR 102 would only add to the problem of legislative malfeasance.
Please vote no on SJR 102.