November’s ballot question 1, another constitutional amendment, appears harmless on first reading. A closer look, however, reveals it to be a dangerous overreach by the Kansas Legislature. The amendment’s goal, a “legislative veto,” violates democratic principles and must be defeated by voters.
A quick civics lesson review is helpful to understand this amendment. 1) Both our federal and state constitutions rely on the separation of powers. 2) Government is organized into three separate branches to make sure that no single branch of government could ever become too powerful. 3) The Legislature enacts laws and appropriates money, the governor implements laws with rule-making agencies, and courts rule on challenges to laws. 4) Each branch “checks” the power of the others.
All branches of Kansas government are relevant to understanding this amendment’s threat. Let’s start with the ballot language that states the Legislature has no power to limit rules made by agencies under the governor’s supervision.
The ballot claims that passing this amendment “would allow the legislature to establish procedures to revoke or suspend rules and regulations that are adopted by state executive branch agencies and officials that have the force and effect of law.” But wait, under current law, the Legislature already has the “opportunity” to revoke executive agency rules.
The Legislature simply passes a law declaring a specific rule illegal. And, as such, the governor can veto the action, sign it into law or allow it to become law without a signature. If there is a veto, two-thirds of legislators can vote to override the veto.
This language is meant to confuse. The basis for this amendment is false. The Legislature (one branch) already has the power to overturn executive rules with a simple majority vote. But if this amendment were to pass, the Legislature could strike down ANY executive rule ever adopted by a simple majority vote leaving the governor completely shut out of the process.
The ultimate goal of this amendment is to weaken the power of the governor.
With this “superpower,” the Legislature’s opportunities for abuse of power are endless. A special interest doesn’t “believe” in childhood vaccinations. Another wants less burdensome nursing home regulations. A bit of backroom horse trading is all that is needed to find a simple majority vote to strike down long-standing regulations.
So, what does this amendment have to do with the third branch — the Kansas courts? The Kansas Supreme Court ruled on this matter almost 40 years ago, finding that Kansas’ adoption of a “legislative veto” in 1939 was unconstitutional, stating that “it (legislative veto) violates the separation of powers by giving the Legislature excessive power to impede the Executive in its constitutional mandate to faithfully execute the law.”
Once again, like those who backed the confusing language of the Value Them Both amendment, authors of this amendment want to overturn a Kansas Supreme Court decision. The passage of this amendment will be far-reaching and destabilizing to democracy.
If the Supreme Court is not convincing, James Madison, a founding father, deserves the final word. In the Federalist Papers, Madison worried about how to create institutions that would check personal ambition and the “encroachment” of one branch of government by the others. In his case for separation of powers, he explains, “If men were angels, no government would be necessary.”
A “no” vote to defeat this amendment will uphold the balance of power in state government and protect Kansas democracy.
About the author: Ethel A. Edwards, of Topeka, is a retired teacher and administrator and is co-chair of the Women for Kansas Northeast Chapter.
