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Dewhurst: I'm honoring tradition and precedent
Houston Chronicle ^ | July 31, 2003 | LT. GOV. DAVID DEWHURST

Posted on 07/31/2003 8:47:29 AM PDT by Dog Gone

IN a recent editorial, the Chronicle urged me to adhere to Texas Senate tradition as the Legislature addresses congressional redistricting during a special session. Of course, I will do that -- but the result may not be what the Editorial Board has in mind.

One Senate tradition is showing up for work just like every hard-working Texan does every day. Contrary to what our Senate Democrats say, there is no right in the Texas Constitution for legislators to break a quorum. In fact, the constitution provides each legislative house with the ability to compel attendance of absent members to achieve a quorum.

Another Senate tradition is completing the work at hand. Eleven of our Senate Democrats left town on July 28 before we completed the special session. That left stranded $120 million in badly needed new highway funding, $800 million that needs to be reclassified to avoid harming school districts, and $676 million that must be appropriated into general revenue. This money should be spent on public education, increasing Medicaid and CHIP medical provider reimbursement rates, and help for children, the frail and elderly.

When Senate Democrats fled the state, they tried to claim that Senate tradition always requires a two-thirds vote on any matter. That's partisan spin. Tradition and precedent actually dictate that the two-thirds vote should not govern in redistricting, particularly in special sessions.

In 1971, 1981 and 1992 special sessions on redistricting, Lt. Govs. Ben Barnes, Bill Hobby and Bob Bullock did not require a two-thirds vote on redistricting. In fact, the two-thirds vote was not used in at least 20 special legislative sessions in the last half-century alone.

The situation facing a 1992 redistricting special session was almost identical to that faced by the Legislature this summer. A three-judge federal court in late 1991 had drawn a state legislative map that most Senate Democrats found objectionable. The court map, one publication said, dramatically shifts the balance of power in the Senate, creating at least the opportunity for a Republican majority.

At a special session called by Gov. Ann Richards starting Jan. 2, 1992, Lt. Gov. Bob Bullock, a Democrat, publicly announced that he did not have 21 votes, or a two-thirds margin, to change the court map. So he purposefully abandoned the two-thirds tradition, establishing what we now know as the Bullock Precedent.

There were only nine Republicans in the 31-member Senate at the time, but three Democrats also preferred the court-drawn map. But none of the 12 senators refused to participate in the process. They didn't run away to New Mexico or Oklahoma. Instead, they stayed and fought for what they believed in. In the end, the majority approved its Senate map by an 18 to 12 vote, well short of the two-thirds usually required.

Interestingly enough, with Democrats in the majority, there were no editorials written in 1992 demanding that the two-thirds vote be maintained.

Congressional districts in Texas today are essentially those drawn by a partisan Legislature in 1991. At that time, a national publication called the Texas map the most outrageously gerrymandered redistricting effort in the nation, resulting in Democratic strength in our congressional delegation well beyond its representation among voters.

Our congressional lines are even more outdated today. When the Legislature failed to draw new lines to accommodate Texas' two new congressional seats in 2001, the job fell to a federal court. The judges made the fewest changes possible to the existing 1991 map, in essence protecting incumbents.

Democrats, now in a minority, understandably want to cling to that 1991 map for as long as possible. But the plan's integrity, always dubious, is now in tatters. It's even more unrepresentative today, thanks to population changes, voting trends and distortions caused by incumbency, including taxpayer-paid staff, free mailing privileges, fund-raising advantages and media coverage.

The result is unfair representation. For example, a strong majority of Texas citizens support President Bush and his policies, while the majority of the state's congressional delegation does not.

State legislators, elected representatives of the people, have a constitutional duty to draw legislative seats. Even the president pro tem of the New Mexico Senate -- a Democrat and one of our senator's Albuquerque hosts -- declared earlier this year that redistricting should be done by legislators, not by the courts.

The two-thirds vote is a useful management tool employed by lieutenant governors to encourage consensus, bipartisanship and civility in the Texas Senate during debate on policy legislation that affects Texas citizens. I value that tradition and will do everything in my power to retain it.

But as Lt. Govs. Bullock, Barnes and Hobby and others have recognized, that tradition must be set aside on redistricting, particularly in special session. I will honor the precedents created by virtually all lieutenant governors -- my predecessors -- over recent decades. At the end of the day, in a democracy, the majority decides.

Dewhurst, a Republican, is lieutenant governor of Texas.


TOPICS: Government; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: redistricting
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To: justlurking
The Senate has rules regarding attendance or not being absent without an approved okay. However I find no penality specified in their rules for failure to attend. They do provide for expelling a member for misconduct with a 23rds vote.

21 posted on 07/31/2003 9:55:32 AM PDT by deport
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To: deport
23rds s/b 2/3rds
22 posted on 07/31/2003 9:58:10 AM PDT by deport
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To: Dog Gone
That is one powerful retort!
23 posted on 07/31/2003 10:04:17 AM PDT by Coop (God bless our troops!)
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To: Torie
The argument as presented by the Lt. Gov. regarding redistricting.... Sorry I left you off the pings above.
24 posted on 07/31/2003 10:11:07 AM PDT by deport
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To: Dog Gone; All
This is what our press line needs to be:"We are doing what three Democrat Lt. Gov's done before." If they don't relent then say Hobby, Bullock, and Barnes have don't.
25 posted on 07/31/2003 10:16:42 AM PDT by grapeape (Hope is not a method. - Gen. Hugh Shelton)
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To: MeeknMing
Contrary to what our Senate Democrats say, there is no right in the Texas Constitution for legislators to break a quorum.

What ever happened to the good old "tradition and precedent" of putting the bums in jail?

26 posted on 07/31/2003 10:17:14 AM PDT by Brownie74
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To: Brownie74
It appears that we're trying to divide and conquer. If we can entice one Rat to return, we have a quorom. Promise a committee assignment or some pork.

Or go the dirty route and create a family emergency for one of them.

Do something.

27 posted on 07/31/2003 10:22:15 AM PDT by Dog Gone
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By the way, I actually do know how to spell quorum, but somebody forgot to tell my fingers.
28 posted on 07/31/2003 10:23:23 AM PDT by Dog Gone
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To: Dog Gone
I supposed. In the interest of fair and balanced, I'm sure ! lol !

29 posted on 07/31/2003 10:24:41 AM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Coming Soon !: Freeper site on Comcast. Found the URL. Gotta fix it now.)
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To: Dog Gone
I read somwhere that it was costing them $159.00 a day to stay in the motel. Where are they getting the money?
30 posted on 07/31/2003 10:29:49 AM PDT by Brownie74
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To: Brownie74
Supposedly, the money is coming from the campaign warchests that each of these senators has.

Whether that's true or not, I don't know. I'm quite sure that Rat contributors will make sure that these lawmakers are not paying out of pocket.

31 posted on 07/31/2003 10:32:02 AM PDT by Dog Gone
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To: mtbopfuyn
"declare seats vacant and call for a vote"

ARE YOU SERIOUS - CAN THEY DO THAT ..??

If they can .. I'd do it - just to watch them scramble.
32 posted on 07/31/2003 10:33:02 AM PDT by CyberAnt ( America - You Are The Greatest!!)
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To: justlurking
"legislation introduced next session to provide the basis for an office to be declared vacant if these tactics are used again"

Excellant! Time for HARDBALL!!
33 posted on 07/31/2003 10:34:34 AM PDT by CyberAnt ( America - You Are The Greatest!!)
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To: Dog Gone
Excellent!
34 posted on 07/31/2003 10:35:17 AM PDT by Bobsat
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To: Dog Gone
If the money is coming from their campaign warchest isn't that illegal?
35 posted on 07/31/2003 10:35:41 AM PDT by Brownie74
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To: Brownie74
I don't know, but I have to assume that the GOP is looking into it.
36 posted on 07/31/2003 10:39:19 AM PDT by Dog Gone
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To: justlurking
"When this is all over, I expect there will be legislation introduced next session to provide the basis for an office to be declared vacant if these tactics are used again."

And they will prevent the law from being passed by skipping the state.
37 posted on 07/31/2003 10:49:08 AM PDT by No Truce With Kings (The opinions expressed are mine! Mine! MINE! All Mine!)
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To: Dog Gone
Dewhurst had me worried a couple of months ago; he was not on my favorite list. But since the special sessions began, he has been an articulate defender of the Republican position. I think he was playing good cop, bad cop (now we need really bad cop). Redistricting will happen on our terms if we hold our ground. The Dems will embarrass themselves before that portion of the electorate which even remotely follows the news and which hasn't already swallowed the Kool-Aid.

The drawback in Dem tantrum part deux is that the Dems are setting a horrible precedent DENYING Texans (with likely copycats in the future) representation and embarrassing the state, even as those same cowards take one from the crybaby victimhood liberal playbook. I called John Whitmire's office yesterday, though I doubt it will do any good.
38 posted on 07/31/2003 11:04:25 AM PDT by Tex_GOP_Cruz
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To: Tex_GOP_Cruz
I really don't understand this stunt by the Rats. This has gone way too far for the Republicans to cave in now. They can't stay in New Mexico forever, and eventually the Republicans are going to win. They might as well admit it.
39 posted on 07/31/2003 11:13:40 AM PDT by Dog Gone
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To: No Truce With Kings
And they will prevent the law from being passed by skipping the state.

As I noted to someone else, I don't expect it to pass. But, it will put truant legislators on the hot seat.

Quorum requirements are there to prevent a minority from enacting legislation. It was not intended to be used by a minority to prevent action.

The alternative is for the House and Senate to put some teeth into their own rules about legislators absent without permission.

40 posted on 07/31/2003 11:15:26 AM PDT by justlurking
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