|
Getting your Trinity Audio player ready...
|
by WILL FOLKS
***
South Carolina’s supreme court unanimously rebuked the all-powerful S.C. General Assembly this week – striking down an illegal pay raise that state lawmakers unconstitutionally awarded themselves earlier this year.
“Notwithstanding this court’s strong and longstanding respect for the separation of powers and legislative deference, where a legislative enactment clearly contravenes our constitution, we have a duty to declare the legislative enactment unconstitutional,” chief justice John Kittredge wrote in an opinion endorsed by all four of the court’s associate justices (John Few, George C. “Buck” James Jr., Garrison Hill and Letitia Verdin).
The move represented a rare rebuke of the legislature by the judicial branch – which typically does the bidding of the powerful lawmakers who control the appointment, reappointment, salaries and budgets of Palmetto State justices and judges.
And who are known to take revenge when justices go against them…
***
As FITSNews exclusively reported back in April, the overwhelming majority of South Carolina’s so-called “Republican” supermajority voted to give themselves an additional $25,500 apiece in taxpayer-funded compensation prior to November 2026. They did this despite the clear language of the S.C. Constitution (Article III, Section 19), which holds that “no General Assembly shall have the power to increase the per diem of its own members.”
In other words, lawmakers are only allowed to award pay raises to future legislatures – i.e. those General Assemblies chosen in subsequent election cycles. They are not allowed to appropriate additional funds to themselves.
The vote to insert the pay raises was requested by state senators Shane Martin, Matt Leber and Darrell Jackson.
Rubber-stamped by fiscally liberal, status quo governor Henry McMaster – these unconstitutional pay raises would have taken effect immediately, depriving taxpayers of an estimated $4.3 million in illegal compensation between now and next November.
Even worse? Rather than filing legislation and holding hearings on the proposal, lawmakers tried to sneak these pay raises into the state budget – avoiding public debate (and scrutiny) of their illegal action.
***
RELATED | LAWMAKERS EXPOSED
***
Fortunately for taxpayers, fiscally conservative state senator Wes Climer of Rock Hill, S.C. – and state retiree Carol Herring – filed a lawsuit in June to block their unconstitutional move, with the high court unanimously agreeing to keep the raises from being paid out while the issue was debated.
Late last month, we reported on new filings in the case which clearly showed lawmakers intended this money as a pay raise.
“Wes Climer showed tremendous courage in filing this lawsuit,” said former state senator Dick Harpootlian, whose law firm handled the case.
“The legislature is not above the law,” Harpootlian told FITSNews. “That is what this decision clearly states.”
“Today’s ruling by the South Carolina supreme court affirms what I’ve said all along: legislative compensation should never be increased midterm, and certainly not by stealth,” Climer told FITSNews. “The Constitution is clear – lawmakers cannot raise their own pay without first getting permission from the People via elections. It was disappointing that such an obvious principle had to be litigated, but I’m grateful the Court stood on the side of the Constitution and the people of South Carolina.”
“Public trust is earned by doing the right thing, even when it’s unpopular,” Climer added. “I opposed this pay raise not because the job isn’t demanding, but because how we govern matters. I’ll continue to stand up for transparency, accountability, and integrity in how the General Assembly conducts the people’s business.”
Justices were deferential to lawmakers in their language, but their ruling concluded unequivocally that sneaking these pay raises into the state budget was a constitutional violation.
***
***
“The (budget) proviso is unconstitutional beyond a reasonable doubt,” they noted. “No matter how well-intentioned or long-overdue, the result of the 126th General Assembly’s increase in in-district compensation without either limiting language in the proviso or delaying implementation of the increase to the seating of the 127th General Assembly is to increase its own compensation, which our state constitution expressly prohibits (emphasis original).”
Actually, any senators who cast a vote for pay raises taking effect in the next legislative session would also be voting for a pay increase for themselves (senators serve four-year terms, not two-year terms like their counterparts in the House of Representatives).
As previously noted, FITSNews has no objection to lawmakers being paid more money – so long as they accompany any funding increases with stringent anti-corruption legislation. In fact, eight years ago we proposed an inflation-adjusted $80,000 annual salary for lawmakers – although this pay hike would have been accompanied by “the most draconian anti-corruption measures South Carolina state government has ever seen.”
Under our proposal, lawmakers would have received a larger base salary – enabling more non-attorneys to serve – but their ability to profit from elected office would have been eliminated. Included within this draconian ban would have been constitutional restrictions on legislative meddling in other branches of government – including the elimination of the current legislatively controlled judicial selection racket.
“Until those reforms are enacted, lawmakers should not receive any additional taxpayer-funded compensation,” we editorialized at the time.
***
THE RULING…
(S.C. Supreme Court)
***
ABOUT THE AUTHOR…
Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and eight children.
***
WANNA SOUND OFF?
Got something you’d like to say in response to one of our articles? Or an issue you’d like to address proactively? We have an open microphone policy! Submit your letter to the editor (or guest column) via email HERE. Got a tip for a story? CLICK HERE. Got a technical question or a glitch to report? CLICK HERE.
12 comments
Here’s an idea: Tie any legislative pay increase to the same cost of living increase per year that thousands of retired teachers and state employees are given each year. At present it stands at ONE PER CENT per annum and hasn’t changed for years.
Excellent idea!
I think most state citizens would be understanding of a pay increase for legislators if they were aware they haven’t had a raise in 40 years, and their expense allowance hasn’t increased in about 30 years. We all understand the concept of inflation – especially in the last 4 years. Otherwise, only rich people can serve in the legislature. The average joe can’t absorb 25k in annual expenses and work for 80 days when you’re only getting paid for 40. I like Will’s oft-repeated proposal: give them a hefty pay raise and couple it with draconian rules to prevent self-enrichment by virtue of their position.
It didn’t have to go this way…if the appropriation was struck down in its entirely, it would seem that now they don’t even get the $1k/mo baseline.
Everyone deserves a livable wage.
No one deserves to use hierarchy, public or private, to unduly extract wealth from the working class for the benefit of themselves, their family, their friends, etc.
As always, the solution is clear: seize the means.
Agree This entire matter could fall under “criminal conspiracy,” which is a serious felony. Case law is clear.
All those lawyers who are lawmakers ought not to be law BREAKERS. Do not tell me they did NOT know it was illegal. Look at the dozens who voted for and passed this unlawful crap!
They should’ be given a pay increase, I agree. But like this?????? What a bunch of elected weasels! Crooks, liars, and thieves.
I do not want to hear their excuses. There are none. Remove them all and criminally prosecute. US Atty Gen Pam Bondi now knows.
Agree This entire matter could fall under “criminal conspiracy,” which is a serious felony. Case law is clear.
Who in the hell gave them legal advice that they could pull this crap?
This pay raise proviso attracted attention. Trust me, there are probably more egregious provisos that passed without any scrutiny. Provisos are where the lobbyists and legislators can camouflage their actions because very few read them. You can direct appropriations to a specific entity just by the language of the proviso. No one questions it because it looks innocuous. A line item appropriation speaks for itself.
There IS a God after all!
Hopefully someone is going to call the Poh Poh. Nothing but Shysters and thieves who do nothing for the compensation they get except look out for their buddies. Then theres Johnny in their pocket going on also. Call the Poh Poh!
Bastards should be in prison
Pay legislators 80K per year, require them to work full time year round either in Columbia or in their home district, ban secondary employment (can’t be a legislator and a lawyer), only get raises when regular state employees get a cost of living increase. This would cut down on a lot of the BS and allow some “regular” people to consider a run for office.