Monday editorial: Calamity Jane
Last week, by the narrowest of margins, the Missouri House passed a measure so boundlessly destructive and unnecessary that it almost goes without saying that it was sponsored by Rep. Jane Cunningham, R-Chesterfield. What’s more, the Republican majority that passed the measure knew it was flawed and passed it anyway.
Your tax dollars at work.
House Joint Resolution 41, which barely got the 82 votes needed to pass, would ask voters to amend the state constitution to prohibit state judges from ordering tax increases. In the 187 years since Missouri achieved statehood, no state judge has ever ordered a tax increase. None. Zero. Nada.
But that’s not all. If voters approved the amendment that HJR 41 proposes, the measure also would prohibit courts from ordering any state or local jurisdiction to spend public money unless the expenditure is specifically approved by the Legislature.So let’s say HJR 41 is approved by the Senate, signed by the governor and then approved by voters in November. Then you get hit by a Metro bus, or a city trash truck T-bones your car, or a tiger escapes from the Zoo and eats you. Your bereaved family members sue for damages. The judge rules in their favor. What happens then?
“A judge can order damages from now until doomsday, and if we don’t appropriate the money, they get nothing,” said Rep. Margaret Donnelly, D-Richmond Heights, one of several lawmakers whose sound advice Ms. Cunningham ignored during the debate on Thursday. Ms. Donnelly said House leaders, knowing how badly flawed HJR 41 was, cut off debate before the measure could be amended and assured House members that the flaws would be fixed in the Senate.
“This is really such a solution in search of a problem,” said Rep. John Burnett, D-Kansas City. “No other state does this. No other state would even approach doing this.”
Ah, but no other state has a Calamity Jane Cunningham heading its House Education Committee. Ms. Cunningham is worried that the Missouri Supreme Court might decide that the state is short-changing public schools. A lower court judge last fall ruled against about half the state’s school districts, which argued that Missouri’s school foundation formula falls short of adequately funding public education by about $1.3 billion a year. The ruling is on appeal to the state Supreme Court.
Ms. Donnelly, who is running for the Democratic nomination for attorney general, said that even if the high court overrules the lower court, it would be unlikely to order state spending on its own. Rather, she said, the question of school funding would be returned to the Legislature.
Ms. Cunningham said she saw a “clear and present danger” of “taxation without representation.” She said, “We know the problem is out there. It’s like polio. You know it’s spreading, and you don’t want to wait until it gets here.”
Which prompted this response from a stunned Rep. Paul Levota, D-Independence: “You’re comparing the courts - our third branch of government and their role of protecting people’s rights - to polio?”
The Senate should deal with HJR 41 by letting it die in committee. Its problems are beyond repair. In addition to being unnecessary and destructive, HJR 41 very probably is unconstitutional, in that one branch of government usurps the authority of another. Putting it on the ballot would be waste of time and money, to say nothing of an embarrassment.


(5 votes, average: 4.2 out of 5)
Eric Mink has been the commentary editor and an oped columnist for the Post-Dispatch since 2003. Before that, he was television critic at the New York Daily News and at the Post-Dispatch. During the 1980s and '90s, he also was a morning show regular on the various St. Louis radio stations that employed J.C. Corcoran. Mink was born in St. Louis in the previous century and hopes subsequent generations aren't too ticked off about it. He is proud to be a member of the University City High School Hall of Fame and makes no apologies for being what is known in the pet trade as "a cat person."
Mr Mink:
It really really scares you when the people of this state actually vote on their laws doesn’t it?
Let the people decide!