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Letter to the editor

Legislators need a lesson in history

By MARTIN DYCKMAN
Published May 1, 2005

TALLAHASSEE - In one of its more grotesque current absurdities, the Legislature is proposing to instruct the schools in how to teach American history.

Schools already know perfectly well how to do that. The Sunshine State Standards are excellent.

What they need from the Legislature is not more meddling, but more time. Too much of it is spent prepping for tests the Legislature requires that have nothing to do with history, civics or any other practical prerequisite of citizenship.

Considering how some of our legislators disrepect our history, they have no business presuming to tell anyone how to teach it.

In a series of events beginning on July 4, 1776, and culminating in the ratification of the Constitution 13 years later, the American people refused to remain "subjects" of a hereditary monarch.

Instead, we are citizens of a republic whose political leaders owe their powers and their loyalties to the people.

Not just to certain lobbyists, but to all the people.

That is supposed to be hornbook knowledge.

But if Florida legislators truly respected it, they would not be trying in so many devious, lobbyist-driven ways to cripple the initiative process that was written into Florida's Constitution four decades ago.

That happened during a rare window of genuinely representative government, opened by the Supreme Court's "one man, one vote" decisions that overthrew Florida's rural oligarchy, the Pork Chop Gang. After a steady regression, however, the Florida Legislature is once again flush with the arrogance of people who do not think they can be defeated.

The worst of the current legislation is not the bill aimed at harassing initiative campaigns - bad as that is - but a proposed constitutional amendment that would make them pointless.

This cunning piece of work is HJR 1727. It is similar in some respects to the Senate's SJR 4, in that it proposes to limit initiatives to subjects affecting an existing constitutional provision, the "basic or fundamental right" of a citizen, and the structure of state government. That is not terribly restrictive, although the "pregnant pig" and "bullet train" amendments probably would not have qualified.

But the House version also adds that no initiative "shall deprive the branches of government of any existing powers granted in these articles."

"What that's saying is, "If you pass this amendment, you can't change the Constitution any more,' " remarked Senate Majority Leader J. Alex Villalobos, R-Miami.

One obvious - and intended - result would be to kill Common Cause's initiatives providing for an independent commission, guided by fairness standards, to redistrict the Legislature. That would deprive the Legislature of the power it uses to protect incumbents.

It would also prevent at least three other sorely needed reforms that will never happen except by initiative:

Restoring the judicial nominating commissions to the political independence they enjoyed before Gov. Jeb Bush. This would diminish the governor's power, and not a moment too soon.

Regulating public utilities under the governor and Cabinet, exactly like banking, insurance and securities. This would deprive the Legislature of the power to control appointments to the Public Service Commission, which it applies in practice to the exclusive benefit of telecommunications companies that play the Legislature like a video game.

Requiring the Legislature to periodically review, reconsider and justify every special-interest tax exemption. This would infringe on the Legislature's power to give the lobbyists gifts that keep on giving year after year after year.

The House Judiciary Committee proposed a clean version of HJR 1727, which could be faulted only for not giving the voters the ability to write laws, instead of constitutional amendments, by initiative. It was corrupted by the elections committee and passed by a vote of 88 to 27 on the House floor. Reps. Kevin Ambler of Tampa and Frank Farkas of St. Petersburg were, to their credit, two of the three Republicans who voted "no."

I am told the Senate will not pass it in that form. Wiser members, certainly, will not want to share next year's ballot with such a conspicuous insult to the people. The 12-year term limit amendment is already on the ballot. If that is to have any chance, HJR 1727's next stop needs to be the trash can.

[Last modified April 30, 2005, 23:59:18]