Earlier this month, we did a poll here on FITS asking a simple question – is South Carolina currently controlled by “Reagan” or “Banana” Republicans?
The overwhelming majority of our readers – 82.7% of you – chose “Bananas.”
And you chose wisely.
In fact, if the recent “stimulus showdown” showed us anything, it’s that this state has one branch of government – the “Bubba” branch.
State lawmakers control everything in South Carolina, which they love to remind you of – unless of course you’re talking about the state’s astronomical unemployment rate, low income levels, increasing cost of government or worst-in-the-nation public schools. Obviously, those problems are somebody else’s fault.
Specifically, S.C. Gov. Mark Sanford‘s fault.
Anyway, ever since freshman State Sen. Tom Davis (who happens to be Sanford’s former chief of staff) withstood a $100,000 barrage of S.C. “Republican” Caucus money last year to defeat one of Columbia’s “Banana Republican” incumbents, he’s been getting blasted by his new colleagues.
What for? Standing up to their “power trip,” obviously.
In fact, ever since Davis publised a much-discussed oped here on FITS earlier this month, he’s been getting “the business” from a Caucus-friendly blog that recently attacked him for, of all things, “Twittering” his dissatisfaction with UN bureaucrats.
UN bureaucrats, people!
Getting back to what’s “relevent, real deal Holyfield,” though, Davis recently decided to take his concerns over an unconstitutional legislative usurpation of power to a much louder microphone – the largest newspaper in the state.
Courtesy of the flowing pen of Charleston Post and Courier Editor Emeritus Barbara “Mother” Williams, here’s the “Truth to Power …”
State Sen. Tom Davis hasn’t been mincing words lately about what he calls legislative “tyranny,” and one of his examples involves what he argues is legislative defiance of both the executive and judicial branches.
The new senator from Beaufort did come close to making that case with his Senate colleagues during a recent debate over the governor’s budget vetoes. He still hasn’t given up. And his case was bolstered late Friday by an attorney general’s opinion.
On the surface, the two budget provisos in question may seem relatively innocuous. They involve the Department of Natural Resources and empower local legislative delegations to control expenditure of certain funds sent back to their counties. But there’s a serious separation of powers constitutional issue that lawmakers have consistently lost in past state Supreme Court decisions. Further, millions of dollars of DNR expenditures are involved.
Those dollars were the subject of an eight-year-old lawsuit brought against DNR by Sen. Jake Knotts on behalf of the Lexington County Legislative Delegation to force compliance with a state law. That law required that state funds raised by certain DNR-related gasoline taxes, fines and fees be sent back to the counties and controlled by local legislators. Currently, according to the DNR, the total in those accounts is $10 million. In the Knotts case the high court said, in effect, that even in this powerful legislative state the lawmakers had gone too far. This isn’t a matter of the lawmakers’ right to tell the governor what to do as it was in the recent stimulus fund litigation. Instead, it’s a matter of the lawmakers taking on the executive or ministerial authority for themselves. Here’s the bottom line cited by Davis from that 2002 opinion: “The Legislature is constitutionally forbidden from undertaking to pass laws and then to execute them by bestowing upon its own members powers belonging to the executive branch.”
Wait … what’s that?
“The Legislature is constitutionally forbidden from undertaking to pass laws and then to execute them by bestowing upon its own members powers belonging to the executive branch.”
How ironic – especially considering that lawmakers in this ass-backward state are in charge of electing our judges and controlling their budgets.
But again, that’s the lesson – lawmakers control everything. Heck, look at the way our state’s “Republican” leaders dictated terms to one of Sanford’s Cabinet agencies through a budget proviso exclusively to curry favor with a powerful democrat.
It’s pathetic, it’s wasteful … and it happens all the time.
Anyway, prior to approving this nonsense, lawmakers were told (by Davis) that what they were doing was unconstitutional. They were showed the ruling.
And then they went ahead and did it anyway, with thick skulls like Rep. Jimmy Merrill (RINO-Charleston) and Senate President Glenn McConnell leading the way.
In fact, this year has seen the executive and judicial branches of government lose considerable power and influence to the legislative branch, which was already well-established (entrenched, even) as the state’s preeminent power by the Constitution of 1895 – a document specifically written to keep the Governor’s Office weak in the event a black man were to ever occupy it.
That constitution, not surprisingly, is still in effect today.
Funny, the more things change …
The truth is, until we have a representative democracy in South Carolina, one with the proper checks and balances over all branches of government, our state will never be able to compete in a 21st Century economy.
It will continue to be, as Sen. Davis calls it, a “legislative tyranny.”
And until we throw more of these “Bubbas” out and elect people willing to give the public a right to vote on these issues, then we’ll continue to watch more and more of our money get poured down the same dysfunctional drain, with absolutely no say in the matter whatsoever …
By CNSYD June 15, 2009 at 4:23 pm
A few points. Socrates rightfully equated democracy with chaos. Government in this country is republican (no not the party) in form. If the method of election of judges and approval of their budgets is wrong in this state, then it is also wrong in the federal government. I will not listen to a person like Davis, born in, of all places, New Jersey, never attending a public school in SC and getting their JD in Maryland, running off at the mouth about my state.
By fitsnews June 15, 2009 at 4:26 pm
CNSYD-
That’s right … you tell ‘em … you should just keeping listening to the people who have kept South Carolina last in friggin’ everything good (and first in everything bad) for centuries.
Good plan.
-FITS
P.S. – It’s Sic’s state too. Born and bred, beeyatch.
By CNSYD June 15, 2009 at 4:38 pm
FITS, centuries? Where do you start that global statement? 1670? Was it the Lords Proprietors who started us on this road to hell? Was there no time in our history where we were on top in “good things”? Focus on Reconstruction. Look at the “laws” and “rules” levied on this state by the Federal government as regard trade. Many of these lasted well into the 20th century. So to understand your point, there is not now nor has there ever been a native of South Carolina who was worth the powder to blow them up. But if a person rolls in here from the outside (carpetbag in hand) they are the oracle of truth and the American way. That right? Damn, where does that leave your boy Sanfraud?
By Chris June 15, 2009 at 4:59 pm
Hey I’m really enjoying this blog/site. I’m sure we would disagree politically on a few items but for the most part I think you’re doing a great job.
By Moron Police June 15, 2009 at 5:04 pm
CNSYD, I have been reading your posts, and 100 moronic comments is the limit. And, with your latest posts, you are the first FITS poster to surpass that generous limit. First, the United States Congress does not, as you imply, elect judges (the way we do in SC); rather, they are appointed by the President and confirmed by the Senate. Second, what in the world does a simplistic observation about the difference between a democracy and a republic have to do with the legislative branch unconstitutionally usurping executive powers (which is what the FITS post was about)? Third, the objection to the legislature noted by Davis wasn’t as to “approval of their (sic) budgets,” it was in regard to the legislature’s desire to go beyond appropriating and get into the business of executing. My god, FITS, cut this dumbass off.
By Huh? June 15, 2009 at 5:19 pm
Someone should tell Crosby, Stills, Nash, Young and Dumbass that a “representative democracy” is in fact a “republic” — a former of government founded on the principle of elected individuals representing the people, as distinguished from a direct democracy. Socrates equated chaos with the latter, not the former.
One last thing: CSNYD, are you saying that Davis doesn’t have a point? Do you contend that the legislature should be executing as well as making the laws? Try addressing the issue at hand, with a just a soupcon of intelligence, and maybe you’ll get a little more respect.
By Liberty for me June 15, 2009 at 5:22 pm
It has become Tyrannical by dumping down and making the citizens feel impotent.. You look at how people ate up the stimulus lies and turned on the few people trying to lead in the right direction and it shows how the media is biased and helps form socialist agenda.It will not get better until it is so bad people take to the streets…I think absolute poverty can be reached in five years.Maybe then we can get rid of the 17th amendment and all the socialist control tools to regain LIBERTY…
By CNSYD June 15, 2009 at 5:39 pm
BTW FITS, as you are born and bred I am perfectly willing to listen to your points of view whether I agree with them or not as regards issues that involve our state. I do not, however, want to listen to the pontifications of the Davises and Rybergs who float in here from elsewhere yet claim that they possess superior knowledge and insight as compared to us poor, ignorant, inbred folk, no matter what hue we are.
By fitsnews June 15, 2009 at 6:04 pm
CNSYD,
Your ad hominem Bubbism has grown wearisome.
If you listen to us just because we were “born and bred here,” you’re an idiot.
-FITS
By Ron June 15, 2009 at 6:05 pm
Thanks Will for an excellent article that’s bound to get the kind of reaction from the legislative perps in question as from CNSYD above. The old adage that “the truth hurts” or that “you struck a nerve” applies here. The backlash will be intense as these azholes seek to justify themselves and provide political cover for each other. I too was raised in SC and am utterly ashamed of “he legislative tyranny”that exists here. Just a quick example is a conversation that i overheard from a very reliable source recently that Harvey was gathering sponsors for his recent recorded voting bill by promising cosponsors “that this bill will never get out of subcommittee”. It never ends! LEGISLATIVE TYRANNY INDEED!
By Tom Davis June 15, 2009 at 6:14 pm
Will, I have not commented on one of yours blog in a long while, but wanted to thank you for highlighting Barbara Williams’ piece, which I thought was a good one.
CNSYD, I don’t claim to possess any “superior knowledge and insight as compared to poor, ignorant, inbred folk…” You don’t know me, but I don’t think in those terms.
Since it seems to matter, I was born in Princeton (NJ) while my father was there in school and raised in Maryland. I have lived in South Carolina, however, for the past 31 years (except for two years at the U of M Law School).
Anyway, keep up the chatter. I check in from time to time (especially when I see my name in the blog title) and enjoy reading the comments — even yours, CNSYD!
By CNSYD June 15, 2009 at 6:17 pm
FITS since it is your soapbox you have the right to say whatever you wish. If you do not care for any differing opinion then say so.
By CNSYD June 15, 2009 at 6:26 pm
Moron Police, what happens if the US Senate does not give its “advice and consent” on judical appointments? Then what is the difference other than process? The legislature rules in this state. So there are two choices that I know of. One is to change the Constitution. The other is to leave the state and move to one where its Constitution better fits with the way you think a state should be run. I am willing to listen to other choices. The attempted point about democracy vs a republic was due to the fact that other posters seem to think they have “a vote” in the state house.
By CNSYD June 15, 2009 at 6:29 pm
Huh?, has the legislature violated the law? If yes, they should be held accountable. Are they operating within the bounds of a Constitution that you dislike? If so, then lead the effort to change it. What other choices are there?
By statehouse watcher June 15, 2009 at 7:08 pm
Interesting piece by Williams. The governor says the proviso is unconstitutional. The AG’s office issues an opinion at Davis’ request saying it is unconstitutional. The state supreme court says it is unconstitutional. And yet the General Assembly does it anyway. Sounds like “tyranny” to me.
By fitsnews June 15, 2009 at 7:22 pm
CNSYD-
Damn dude Tom Davis was way too nice on you. Anyway, of course we welcome opinions “to the contrary,” but be prepared to have them sliced and diced by Sic’s superior mind.
Props on getting a shout out from the Senator, though.
-FITS
By CNSYD June 15, 2009 at 7:47 pm
Guys, I have no problem “cussin and discussin” any subject with you. I thought that was what made us a great country. We may choose to disagree but that is OK. I offer somewhat of an apology to Sen. Davis. I only knew what the Legislative Manual said about him. I have lived in the low country for too long where imports never fail to tell us how backward we are and how much better things are elsewhere that I am sensitive to statements from those not from here. Is our system in SC the world’s best? Hell no but it is the one we have until we change it. Statehouse watcher I have no knowledge of how to accomplish this but would a lawsuit against the legislature be appropriate? If a student can sue over the stimulus it must be possible. That way the dirty laundry gets displayed.
By Stupid is June 16, 2009 at 12:09 am
Why don’t you print the roll calls on those vetoes Sic
By Toyota Kawaski June 16, 2009 at 8:34 am
More hot air from a sanfraud blow hard.Keep it up Mr.One and done
By Recovering Lobbyist June 16, 2009 at 10:37 am
CNSYD: I was born in another state and moved to SC in high school. Attended college in this state and have lived here more than half of my life. I have contributed to my state, and this is my home as much as it is yours. Are you telling me I don’t have the right to my opinion? Sure seems that way.
You don’t have to be “from here” to know that we have vested the Legislative Branch with virtually all of the power. That violates a basic tenet of our form of government, which is to separate powers among three equal branches of government, with oversight from the “fourth estate” or media.
The problem is that if there is any wiggle room at all, our courts will find in favor of the Legislature for two reasons: the Legislature appoints them; and 2) the Legislature approves their budget. This being the case, the only solution is a litmus test for legislators: do you support clear and equal separation of powers in SC?
By CNSYD June 16, 2009 at 11:44 am
Recovering Lobbyist, to me your bio gives you plenty of right to try to evoke change and for locals to listen to you. My problem is those who come here as adults, especially at retirement, and want to show us hicks how to act. Our form of government in SC is what the SC constitution says it is. If one of the branches violates it then they should be held accountable. If we don’t like the form then we should try to change it. I still maintain that the relationship between the legislative and judical branches in SC is very much a parallel to the Federal government. If not, then why is Sotomayor going around kissing rings in the Senate. Also the US Constitution gives the power for funding budgets to the legislative branch not the judicial or executive. So how is it that different?
By Tyranny Redux June 16, 2009 at 11:48 am
Yes,there is a “legislative tyranny” in South Carolina — catchy phrase, Sen. Davis — and it exists not only laterally, with the legislature usurping executive branch functions and blatantly ignoring rulings by the judicial branch, but also horizontally, with it time and again imposing its will on counties and municipalities and generally running roughshod over the concept of Home Rule. “I’ve had about as much Home Rule as I can afford,” quips the President Pro Tem of the Senate, as he goes about the business of larding the state budget to protect a Confederate relic in North Charleston. The hypocrisy under the copper dome is so thick it is choking.
By Workin' Tommy C June 16, 2009 at 12:38 pm
Barbara Williams is pointing out the inherent corruption that results from an overly powerful single branch of state government. She properly recognizes the work of Tom Davis to get the word out and do something about it.
There are three major parties in this state now: Democrat, Neo-con RINO, & Jeffersonian (Constitutionalist) Republican.
The first two parties are all about themselves. They make laws that are the results of backroom deals that benefit their own cadre of cronies and get them re-elected for life. They are the “players” that are using hard-working citizens for footballs.
The latter “party” is the newly emerging group of people within the Republican Party who are absolutely fed up with the selfish and inherently corrupt shenanigans of big government thieves in D.C. and Columbia.
Supporters of Constitutional government are all about making good law only where necessary and then FOLLOWING IT! Thanks to a purposeful ignoring of the law of the land, politicians are smothering us in devalued dollars and chaining us with debt and an ever-growing spiderweb of tax and other laws designed to virtually enslave us at the state and federal levels.
By Charles June 16, 2009 at 12:39 pm
Before I begin, my bona fides. I am an fifth generation WASP South Carolinian.
Recovering Lobbyist, the Constitution of the United States sets out “our form” of federal government only. It was never intended to establish or even provide a guide as to the form of government adopted by each State. That decision was left totally unto the states themselves. For example I think one state even has a single legislative body. If a state chooses to vest more power in its legislative branch than the Constitution vests in the legislative branch of the federal government, or even experiment with pure democracy (as they have in California with their proposition system) that is totally up to the people of the state.
The only thing a state cannot do is violate rights granted under the US Constitution.
By Charles June 17, 2009 at 11:05 am
Working Tommy C I agree with you there are three parties in SC right now, but I do not agree with your analysis. The three parties are Democrat, Republican, and Libertarians calling themselves Republicans. I personally can’t think of any politician in SC I would consider Jeffersonian.
I would of course welcome an identification of such a politician and how he is Jeffersonian.
By Sam Adams June 23, 2009 at 3:22 pm
I agree that our state legislature is an absolute disgrace. They have about the same humility and intetrest in the good of our people as the Lords Proprietors did. Most have been there so long that they feel anointed not elected. They view dissenting opinions as “so much rabble” the “lower classes rattling their pitchforks”. These were actual comments from Brittish Tyranists before the felt the very sharp prick of those pitchforks.It is time to end the “cocktail party” in Columbia and throw out long term incumbents from both parties. With a federal government bound on trampling the constitution and any sad remnant of states rights we need real leaders not bottom feeders who seek only to line their pockets with pork. Let us begin with the Republicans who at least claim to be for less government. Please publish a list of those in our legislature who refused to work with our Governor against bating us with a pittance of our own tax dollars. And be warned you RINOs we are the new sons of liberty and rabble or not we are coming together. understimate our resolve at your political peril.