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04.06.2008 9:01 pm

Monday editorial: Calamity Jane

ST. LOUIS POST-DISPATCH

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.

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10 comments

Comments are closed.

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!

— tsquare
11:38 pm April 6th, 2008

Eric,
I think the problem many people have with our courts is that they are run by lawyers. I was having lunch recently with a conservative GOP candidate for State Senate and I was a bit surprised that even he was against letting the people select judges. Of course, he’s a member of the club that gets to select them, we’re not. There is also a real and genuine fear that school expenditures are out of control. Anyone who looks at the bloated bureacracies that run schools today understands there is plenty of money for education, but not enough for a lot of the court ordered programs like bussing. I don’t think anyone can argue that those of us in schools in the a950’s obtained a better education that kids are getting today. So the fear of a judge ordering a property tax hike is real and has been with the recent lawsuit brought by school districts. Perhaps a more specific amendment capping expenses for schools without a vote of the taxpayers in that district would be more productive than this. Since there are already state imposed minimums, it would seem this would be fair. I would also prefer to see more lay people involved in the selection process of judges. When the Chief Justice and the State Bar control the process it creates a special class that is in charge of one third of our government. Last time I checked, special classes were unconsitutional.

— jjk
8:09 am April 7th, 2008

Folks:

Thanks for the comments, and again, let me offer this reminder about our process.

The posts you see noted here on The Platform as “Published editorials” represent the consensus view of the Editorial Board of the newspaper — not the opinion of an individual.

I’m a member of that board and participate in the discussions in which we find that consensus. But these editorials are not expressions of MY opinion. My name appears at the top of the posts only because I was the editor assigned to make sure they got posted.

— Eric Mink
8:31 am April 7th, 2008

Mr Mink:

“You are either part of the problem or you’re part of the cure.”

Anytime you want to share with us that you don’t support the view of the Ed Brd. please do so.

How many votes on the Ed Brd would have to change to back McCain for President? How many to back a Republican over Nixon for Governor? Not knowing how many sit on the Board I’d guess it would be a number equal to 51%

Which takes us back to the first sentence of my post.

— tsquare
9:10 am April 7th, 2008

Mr. Mink,

If this is indeed a concensus opinion of the editorial board, then I suggest you take your name and your picture and bio off the web posting as you will get personally blamed for these boneheaded op-eds. Interesting that you distance yourself from the opinion, but then put your name, picture, and bio on the web posting as if you are campaigning for student body president..???

— West End Guy
9:53 am April 7th, 2008

A tad harsh, West End Guy, and way too suspicious.

My previous comment wasn’t about the content of the editorial. The point of the comment simply was to remind readers — as I did once last week — of what the point of view expressed by any Post-Dispatch editorial really represents. It’s not an individual’s view; it’s an institutional view.

You’re absolutely right, of course, that the presence of a specific person’s name/bio/photo on these posts suggests authorship, and we realized right away that that was a problem.

But, hey, our department’s only been producing a blog for about 10 days, and it probably won’t surprise you to hear that we didn’t design the format and couldn’t write code if our lives depended on it. For that, we rely on very busy colleagues who know what they’re doing in these areas. We’ve asked for and been assured of getting help correcting the situation. But sometimes things don’t move as quickly in a large organization as everyone would like them to.

— Eric Mink
10:20 am April 7th, 2008

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.

Has to be one of the best lines ever written to describe Ms. Cunningham.

But with that said I think I will classify Burnett, Donnelly, LaVota and Mink’s wildly paranoid feeling right up there with those who said that if Mo passes a conceal and carry law there will be blooding running in the streets and shoot-outs in the middle of the road and during normal bar fights. Burnett has been known to go wildly overboard in his fears while on the house floor.

I would venture to guess that not an appeals court in the country would read this so-called flawed law the same way the above mentioned do. The spirit of this law is that a judge cannot order the state to say, oh i dont know, rewrite then entire public school funding formula and thus from the bench order the state to spend billions more per year. I do not think that on appeal an appeals court would look at Mr. Smith who was hit by a drunken trash truck driver and say “sorry Mr. Smith can’t give ya any money until the state appropriates it”

I think this is a case where on one side you have chicken little yelling the sky is falling yelling into the mirror. Jane, I am sure has some sort of bunker built under her house to protect her and her family not if but when liberal judges attack her suburban st. louis home. But at the same time I believe Mr. Mink, John Burnett, Donnelly and LaVota all fear anything passed by and supported by anyone who does not vote democrat.

— rockslide
10:37 am April 7th, 2008

I am writing a check to Rep. Cunningham’s campaign fund right now. This is a major step forward for those who understand that the money “public servants” so blithely spend belongs to the taxpayers, and is taken from them by their consent. Those who want to take our money should have to answer for it, in terms of standing for election and answering for public debate. As for the potential downsides, forgive me if I fail to feel sorry that ambulance chasing lawyers might find it more difficult to feed at the public trough. Please keep up the good work, Rep. Cunningham, and keep the state out of our lives to the greatest extent possible!

— jason
12:33 pm April 7th, 2008

If, as the editorial states, no state judge has ever ordered a tax increase, then why are the lefties at the Post so upset about this that they have sunk to a juvenile ad hominem like calling a member of the state legislature “Calamity Jane?” Perhaps they are rooting for lawsuits such as the floundering effort by some school districts to impose higher state funding by judicial fiat, which is of course the primary motive of those supporting this.

— Nick Kasoff
1:06 pm April 7th, 2008

Well said Nick! (post #9)

That is what this is all about… the left NEEDS the courts to give them what neither the people or the Legislature would ever approve.

Does anyone here want to defend the courts setting or levying taxes?

— tsquare
5:15 pm April 7th, 2008