Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Both parties ignored Texas Constitution
Houston Chronicle ^ | June 28, 2003 | KELLY SHACKELFORD

Posted on 06/29/2003 3:03:17 PM PDT by Houmatt

The Texas Legislature is about to open a special session called by Gov. Rick Perry to deal with congressional redistricting.

Why? Because in May, a very unusual political event occurred here, so unusual that media across the country covered the story. Comedy Central even poked fun at Texas, Denny's restaurants and the Holiday Inn in Ardmore, Okla. Fifty-one Democratic legislators had left Texas for Ardmore to prevent a quorum in the Texas House of Representatives and thus kill a bill on redistricting.

Republican leaders called these Democrats "childish" and "cowardly." They argued that true Texans stand and fight for their cause, even if they lose. The Democrats' supporters called them courageous and smart. They argued they simply used the political system and its rules to their advantage. Who was right?

Now that the dust has cleared, let's look. The biggest omission in all the media coverage and political stories has been the Texas Constitution.

Our state constitution provides for this exact situation, and it is amazing that the people of Texas have not been better informed of this key fact.

The founders of Texas gathered together during a hot Texas summer in 1845 to craft the first constitution of the state of Texas. They crafted a very thoughtful system, which included the requirement of a quorum of two-thirds. A quorum is the number of legislators required to be present before the House can begin. While only a majority is needed to pass a bill, there must be at least two-thirds of the House present to open business. This ensures the majority may not gather in secret without the opportunity for the minority to join the debate. It also ensures that a catastrophe, such as losing a large number of legislators in an accident or war, does not afford a political opportunity to the majority who could meet quickly before replacement representatives were appointed.

Yet these writers of the Texas Constitution also realized that legislators making up the minority could easily subvert this process and misuse the quorum requirement by simply refusing to show up (for example, fleeing to Oklahoma). This would allow the requirement of a quorum to be used as a bargaining chip rather than its real purpose of ensuring open participation and debate.

So these wise men added a provision to the quorum requirement (then Article III, Section 12) which is still in place today. Article III, Section 10 of the current Texas Constitution states that a smaller number of legislators than the quorum may "compel the attendance of absent members, in such manner and under such penalties as each house may provide."

Very simply, the Texas founders highly disapproved of intentionally being absent to avoid a quorum. They disapproved so much that they gave those legislators in attendance, though less than a quorum, great and expansive powers. The House members who are there may act "in such manner" and assess "such penalties" as they decide. Such expansive powers are rarely given -- to anyone.

The Texas founders clearly thought this was important. To do nothing to compel attendance of absent legislators is tantamount to allowing our constitutional legislative process to be intentionally hijacked for the political gain of a small group. The remaining House members have a constitutional duty to have criminal arrest warrants issued to compel the return of the missing legislators and fine them severely if they don't.

Neither Democrats nor Republicans are heroes in the May debacle. It is not courage but dereliction of duty to refuse to show up for your constitutional obligations in the Legislature. Quorum is intended to ensure the full participation of all voices, not the tyranny of the minority.

It is also wrong, as the Republicans did, to stand idly by and do nothing to enforce our constitution or the democratic-republican forum of government it sets in place. All that is necessary for the destruction of our state constitution system is for good men and women to do nothing.

I hope such a debacle never happens again, but if it does, criminal arrest warrants should be issued and penalties assessed, and they should be severe. Our constitution and state deserve nothing less.


TOPICS: Constitution/Conservatism; Editorial; Government; Politics/Elections; US: Texas
KEYWORDS:

1 posted on 06/29/2003 3:03:17 PM PDT by Houmatt
[ Post Reply | Private Reply | View Replies]

To: Houmatt
If Laney and the Democrats had done their damn jobs back in 2000, they'd have nothing to whimper about now.
2 posted on 06/29/2003 3:05:18 PM PDT by Xenalyte (I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Houmatt
I don't quite buy it. The dems left and went out of state to avoid being hunted down like rats. Where was the outrage calling for severe penalties, like jail time.

If the outrage was just from the Repubs, then they would be called partisans and be smeared even though the bad actors were the dems.

Also, the statute of limitations has not expired, is he willing the start a campaign to Jail the Subverters of his Constitution? If not he is just blowing smoke. Tell him Monica can recommend a good cigar.

DK
3 posted on 06/29/2003 3:13:08 PM PDT by Dark Knight
[ Post Reply | Private Reply | To 1 | View Replies]

To: Houmatt
From this distance, it appears that the Republicans played it badly. They sent out the Texas Rangers, they ranted and raved and threatened arrests, and then they backed down. So they ended up with the worst of both worlds. They looked bad-tempered and partisan while the Democrats looked comic and clever. The Democrats won the war of Public Relations.
4 posted on 06/29/2003 4:15:19 PM PDT by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Houmatt
It is also wrong, as the Republicans did, to stand idly by and do nothing to enforce our constitution or the democratic-republican forum of government it sets in place.

I don't understand this statement, the state Constitution provides for "compelling" the absent memembers' attendence. Isn't that what the Speaker tried to do? And what so many are objecting to?

5 posted on 06/29/2003 6:15:45 PM PDT by El Gato
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cicero
They sent out the Texas Rangers, they ranted and raved and threatened arrests, and then they backed down. So they ended up with the worst of both worlds.

Exactly. For the first two days or so the republicans did their duty and tried to compel their attendence. Then they saw they were getting smeared in the media (which was gonna happen anyway no matter what they did) and backed down. They had several options left to get the 'rats back. In addition to the constitution, the state open meetings law allows legislators to seek a court injunction to (a) disperse a quorum meeting in secret or (b) disperse less than a quorum conspiring to meet in secret. The Ardmore 'rats were doing both - quorums of several committees were present in Oklahoma and the whole group was definately less than a quorum conspiring in secret. A court injunction would have effectively smoked out the 'rats from Oklahoma, meaning they would either have to disperse or they'd be in contempt and face the penalties that brings with it...and the bad PR. That last part could entice some of the 'rats from swing districts to depart, and they only needed 5 to do so.

6 posted on 06/29/2003 7:00:09 PM PDT by GOPcapitalist
[ Post Reply | Private Reply | To 4 | View Replies]

To: Houmatt
Republican elected officials are cowards and afraid to do anything. They will do nothing.
7 posted on 06/29/2003 7:56:23 PM PDT by Jabba the Nutt
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jabba the Nutt
I agree. Perry won't do anything because he is a spineless RINO. We all still remember that he was once a democrat.

8 posted on 06/29/2003 8:56:13 PM PDT by I got the rope
[ Post Reply | Private Reply | To 7 | View Replies]

To: Houmatt
Reminds me of the failure of the Republicans in the US Senate. They are so frightened of offending their fellow pols that they do not use the tools at hand.
9 posted on 06/30/2003 12:40:25 AM PDT by RobbyS
[ Post Reply | Private Reply | To 1 | View Replies]

To: Houmatt
Yet another reason to know your Constitution. I think a fine for the absent Democrats, starting at $100 and doubling every day thereafter, might have brought a quorum pretty quickly.
10 posted on 06/30/2003 2:55:46 AM PDT by tdadams
[ Post Reply | Private Reply | To 1 | View Replies]

To: GOPcapitalist
The Texas Constitution allows for the governor to have missing legislators taken into custody and brought to the legislature when a quorom is absent. But it is not a criminal or civil offense, and no court is going to get involved. Also, once the legislative session is over, the power to arrest the errant legislators is gone.

In short, the Republicans did all that they could through legal means to bring the runaways back. What you propose is legally unfounded and politically ill-advised.
11 posted on 06/30/2003 3:49:40 AM PDT by Iwo Jima
[ Post Reply | Private Reply | To 6 | View Replies]

To: tdadams
There is no legal basis for fining a missing legislator.
12 posted on 06/30/2003 3:50:29 AM PDT by Iwo Jima
[ Post Reply | Private Reply | To 10 | View Replies]

To: Iwo Jima
There is no legal basis for fining a missing legislator.

Apparently in the Texas constitution there is.

From the article:

The remaining House members have a constitutional duty to have criminal arrest warrants issued to compel the return of the missing legislators and fine them severely if they don't.

13 posted on 06/30/2003 3:55:14 AM PDT by tdadams
[ Post Reply | Private Reply | To 12 | View Replies]

To: tdadams
The writer of the article is simply misinformed, both legally and politically. Once the quorum is lost, the legislature has no power to do anything, including enacting new penalties for absent lawmakers.

And politically, it just wouldn't sell. This whole episode was a huge black eye for the Democrats, much like the Wellstone funerally. The Republicans could and should have done more in response, but they did all right. Next time (and there will be a next time), I expect the Republicans will do better. And the Democrats will pay a huge political price at the polls.
14 posted on 06/30/2003 4:10:14 AM PDT by Iwo Jima
[ Post Reply | Private Reply | To 13 | View Replies]

To: Iwo Jima
You say the writer is incorrect, but I have a hard time believing this would be published in the Houston Chronicle unless an editor had done some basic fact checking. Reading the article, it sounds to me like the author has studied the Texas constitution and wrote this on the basis of what she found.
15 posted on 06/30/2003 4:16:01 AM PDT by tdadams
[ Post Reply | Private Reply | To 14 | View Replies]

To: Houmatt
State taxpayers should stop paying taxes...
16 posted on 06/30/2003 5:49:24 AM PDT by grumple
[ Post Reply | Private Reply | To 1 | View Replies]

To: Iwo Jima
But it is not a criminal or civil offense, and no court is going to get involved.

Quorum breaking is not a criminal offense, but violating the Texas Open Meetings Statute is. I believe its a misdemeanor count with a 6 month jail term. Violations of the Open Meetings Statute are in two forms:

1. When a quorum meets outside of open business and without public notice (there were quorums of several committees and subcommittees present in Ardmore)

2. When less than a quorum conspires to meet outside of open business and without public notice (which is by definition what the Ardmore plot was)

In the case that either occurs, the law prescribes a manner of recourse. It is NOT simply going to the DA to order an investigation, which is how the idiots at the state GOP tried to enforce these statutes (they took it to liberal Democrat DA Ronnie Earle in Travis County, who essentially ignored them). Rather, the law specifically requires that they take it to state district court and seek an injunction ordering the dispersal of the violators of either part of the statute. Further, the statute of limitations has not run out yet on the Ardmore incident and each of them could still be prosecuted under this law...but the idiots at the state GOP are afraid/too incompetant to do so.

17 posted on 06/30/2003 10:17:58 AM PDT by GOPcapitalist
[ Post Reply | Private Reply | To 11 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson