A. Citizen: South Carolina’s KGB
By A. Citizen
A chill wind blew through the S.C. State House last week, but amid all the noise over the “stimulus” fight, no one seemed to notice. Our State Senate, already part of the most unchecked legislative body in the nation, decided it should have even more power. Now, lawmakers want their own legislative law enforcement agency: the Capital Police Force.
The CPF: sounds harmless enough, right?
We should be mindful of our history, though.
While our nation’s founding fathers adopted a Constitution intended to prevent any of the three branches of government from usurping too much power, in each of the seven constitutions that have governed our state, our legislature has specifically rejected this idea.
We adopted our first state constitution in 1776. We adopted a new constitution in 1790, after the ratification of the U.S. Constitution. At the time, legislators rejected the federal model and maintained absolute control, electing all state and local office holders, magistrates and even the governor.
After the Civil War, Confederate States were required to rewrite their constitutions. Our legislature was forced to do so three times and the 1868 Constitution represented the closest our state had ever come to a true separation of powers.
In the 1870’s, though, democratic legislators began to take measures to regain control. To assist their efforts, the Klan first appeared in South Carolina. Using physical violence, economic intimidation, and voting fraud, democrats recaptured the legislature. These efforts to disenfranchise African-Americans and regain power culminated with the election of Governor Ben Tillman and his call for a new constitution.
Like it or not, the Constitution of 1895, our current constitution, is the result of Tillman’s efforts.
Here is the point: In our state, separation of powers has always been a one-way street: the legislature has jealously blocked checks on its power with one hand, while controlling and meddling in the other two branches with the other hand.
Against this historical backdrop, Senate Bill 576 – the “capital police force” bill – goes far beyond its stated goals of ‘protecting visitors, school children and the statehouse.’ First of all, such protection is already provided – but even if it wasn’t this could easily be accomplished by legislation, or even a budget proviso, requiring that the Department of Public Safety staff and operate the new security system at the statehouse.
Ronald Reagan reminded us that government agencies – once created – are practically eternal. They grow and they grab more power.
This bill clearly establishes a framework for future abuses. But, one need not ride that ‘slippery slope’ to oppose this bill; this bill immediately creates a statewide, legislative police agency that answers to a single political branch in all matters: administration, personnel, budget, and operations.
No checks. No balances.
While Section 2-4-70 (A)(6) of the bill specifies the statehouse grounds as the area where the CPF has primary jurisdiction, the bill contains no jurisdictional or subject matter limits and no requirement for any connection to statehouse security. This bill does not merely move the previous statehouse security apparatus to the legislative branch; it also specifically removes the previous limits on law enforcement certification and jurisdiction.
Section 2-4-60 (A) of the bill provides that CPF officers will have “the same arrest power and power to serve criminal processes… as officers of SLED…” and… “shall also have the same power and authority of officers of SLED for the enforcement of the criminal laws of this state.” By this unambiguous language, the CPF would be a legislative police force with complete and total statewide jurisdiction and power to investigate any crime!
The bill also specifically provides that the new legislative police may require SLED and other law enforcement agencies to do its bidding. From Section 2-4-60 of the bill: “The Chief of the CPF shall coordinate investigations conducted on the capital grounds with SLED… and…The Chief of SLED must provide assistance in criminal investigations when requested by the Chief of the Capital Police Force.”
Our legislative branch already shields itself from many of our ethical and civil laws. By requiring “assistance,” this bill effectively ensures that the legislature’s own police force would have to be included in criminal investigations into the conduct of any lawmaker.
Think about that for a moment.
If a lawmaker suspected he was being investigated for corruption, he could simply arrange for the CPF to open a case and ask for SLED’s “assistance.” Used that way, the language of this bill could “uncover” any independent investigation of statehouse activities by SLED or any other state law enforcement agency.
That way bribery and all the other corrupt activities that go on at the State House could continue – no more embarrassing “Operation Lost Trust” investigations to worry about.
Who would control this CPF? The bill vests control in a nine member committee, three from the judicial branch and a guaranteed majority of six legislators. The result is a police force controlled totally by politicians in the legislature.
After all, aprinkling in three judicial appointments means very little in a state where the legislature alone appoints and removes judges. And, since the judiciary would now be involved in the executive function of law enforcement, there would be no independent branch of government to turn to for relief. This is the genius of the proposal: by giving the Supreme Court representation and its own Marshall’s Service, pesky constitutionality questions about this bill may get more favorable review.
By unambiguous language, this legislation would empower the legislative branch to open and direct investigations on anyone, anywhere in the state; to arrest political opponents anywhere, anytime; and, to control access to capital grounds such that candidates, opponents, and opposing viewpoints could be silenced.
Senate Bill 576 is on the internet and it is clear that this legislation is not about the safety of school children or other State House visitors.
It is a power grab, pure and simple.
As you read the legislation, you may be reminded of another political body that passed laws and directed its own police force: the Soviet Politburo.
The KGB: sounds harmless enough, right?
Editor’s Note: “A. Citizen” is an anonymous column written by FITS readers just like you. We accept submissions from any reader on any topic, and do not disclose anyone’s identity under any circumstances in the event we decide to (or not to) publish them. We reserve the right to edit as we deem necessary. To submit a column, just e-mail Sic Willie at w@fitsnews.com.
Comments
By lou on April 7th, 2009 at 8:25 am
NO More Incumbents is the real message in this story.
By whoa on April 7th, 2009 at 9:21 am
Certainly you are not saying anything about the KGB or the fact that we are watching both SC and this nation fall into the loving arms of socialism…and our gubment will do nothing to stop it.
By mackone on April 7th, 2009 at 10:54 am
Surely our state legislature is not afraid that some irate citizen is going to storm the state house and hold them accountable for the less that exemplary job they are doing. How dare the Governor or and evil citizen try and exercise any oversight of their domain.
Come on people, the State Legislature is not elected for life. They have definite terms and if you are unhappy with what is going on, do something about it.
That is not to mean that there are not a few (very few) competent members who indeed care about the state and its future. Wouldn’t it be nice to have term limits. But, you know that won’t happen.
I think when all is said and done this edition of the State Legislature will probably be one of the most disgraceful bunch since reconstruction.
Sorry Ben.
The legislature is elected to serve all people of the state and not their particular district. This is the attitude that has created so much inactivity in the past and until some changes are made it will continue.
My Dad used to call them Democraps and Republicraps. He said that was what they became once elected. They all were full of, well you get the message.
By cfd007 on April 7th, 2009 at 3:37 pm
They’re wanting to increase their terms just look at H 3876 and H 3877.SO AS TO PROVIDE THAT BEGINNING IN 2012, MEMBERS OF THE HOUSE
OF REPRESENTATIVES MUST BE CHOSEN EVERY FOURTH INSTEAD OF EVERY SECOND YEAR;
BEGINNING IN 2012,
MEMBERS OF THE SENATE BE ELECTED EVERY SIXTH INSTEAD OF EVERY FOURTH YEAR.
By Hey Sickie on July 6th, 2009 at 7:51 am
Hey Sic,
How about a link to that legislation at the sc.gov site?
Sickie, Jr.
By Hey Sickie on July 6th, 2009 at 7:52 am
Hey Sic,
Sorry, I found it, perhaps I should read the WHOLE article first.
Yo, be down with it.
Sickie, Jr.
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