S.C. High Court Strikes Down Bobtailing … Again
SUPREMES VOID UNRELATED PROVISIONS OF UNCONSTITUTIONAL PIECE OF LEGISLATION
FITSNews - June 24, 2008 - For the second time in three years, the S.C. Supreme Court has struck down the illegal practice of bobtailing legislation, a ruling which should remind state lawmakers that they can’t trample over the Constitution every time one of their favorite lobbyists wants them to tack on a special interest treat to a popular, albeit unrelated bill.
From the Associated Press:
Lawmakers who include pet projects in bills unrelated to the topic are violating the state Constitution, South Carolina’s Supreme Court ruled on Monday.
In the seven-page opinion, the justices agreed with activist Edward Sloan Jr. in his lawsuit against House Speaker Bobby Harrell, Lt. Gov. Andre Bauer and the state of South Carolina, ruling that provisions about wine tastings and renewable energy development should be stricken from a bill titled “Job Tax Credit.”
The state Constitution provides that “every Act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title,” the court wrote, keeping legislators and citizens informed about a bill’s intent and preventing “legislative logrolling.”
The Court’s latest rejection of this routinely-exploited special interest ploy is quite timely, as Gov. Mark Sanford’s veto of another unconstitutional “bobtailed bill” will be taken up by lawmakers this week.
SC Hotline has an update on this latest “egregious act,” which involved the addition of a so-called “Oil Marketers’ bailout” to a separate proposal aimed at providing tax credits for energy efficient appliances. And guess what … even the uber-liberals over at La Socialista are chiming in, with columnist Pippi Wrongstockings actually getting something right for a change.
Comments
By SheBee on June 24th, 2008 at 10:36 am
NewsmaxTV’s Ashley Martella reports; the Supreme Court rules AGAINST Environmental groups & Homeland Security!
By Darrell Wallace on June 24th, 2008 at 12:33 pm
South Carolians, You made a couple of good moves in this last election of State and House Representatives but you failed on most points and sent the same good old boys back. You should have sent the Governor some help to reorganize and get rid of these unconstitutional bob tails. So don’t expect the leopard will change its spots. You have to eliminate the leopard (figuratively speaking as I am an animal lover)
Where are the John C. Calhouns who stood up for this and State’s Rights and lawful government and adhereance to just and good laws. Without the honorable Mr. Calhoun, the Morrill Act (or this type of tarriff) would have been put on the South much sooner and Secession would have come earlier.
By Ron Turner on June 24th, 2008 at 2:14 pm
Thanks Will,
I’ve been wondering for several years what part of unconstitutional do these lawmakers not understand.
As you say, this is not the first year that we’ve experienced “unconstitutional bobtailing” ie: “the Christmas tree bill (Life Sciences) from several years back nor is it the first year that this General Assembly has passed a budget with an “unconstitutional budget deficit”. They just don’t get it. I agree with the earlier post that “we the people” have not retired enough of these in cumbent rascals!! We must begin recruiting candidates now for 2010. Thanks Will for your excellent reporting!!
Ron
By Rando on June 24th, 2008 at 4:49 pm
My understanding it doesnt affect the original legislation so they can still do it without penalty or consequences. The Legislature scratches Jeans back and the court scratches theirs.