Legislative Notes
Overreach isn’t happening with SB 442
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The separation of powers among the three co-equal branches of government are essential; and I agree that no branch should be able to overreach its bounds. I want to tell you why this overreach is not happening with SB 442.
In Montana, our Constitution does not allow the Executive branch to have the final say over bills adopted by the Montana Legislature, which is the Senate and House of Representatives collectively.
The ongoing dispute regarding SB 442 is about preserving the separation of powers. The Executive branch exercised the right to veto, but no matter how the final events played out, the Legislature was deprived of our ability to review that action through a veto poll, until now.
The recent legal process sought to ensure the Legislature’s constitutional right to conduct an override. The Court issued the following statement, “The legislature was thus deprived of an opportunity to override the veto of Senate Bill 442 and draft the policy contained therein into.” The Courts have not told the Legislature to do anything. The Courts have simply directed the Secretary of the State and the Executive branch to comply with the Constitution, and that compliance simply gives the Legislature the opportunity to vote to override a bill that 130 of us supported.
One may be inclined to say there are other remedies in place, like a special session. However, a 1982 Constitutional Amendment (C-12) was passed by the citizen voters of Montana, in part, to ensure that the Legislature would have an override opportunity without having to call ourselves back into session at a great expense to the taxpayers. The very nature of that amendment to the Constitution was to protect the Legislature’s override authority, keep it within a specific process and restrain the burden on the Montana taxpayer.
The Judge’s order on SB 442 has preserved the right of the Legislature to review a Governor’s veto and in fact, has made our power even greater by closing this loophole, ensuring that future governors do not try to steal the Legislature’s constitutional authority again with this procedural trick. There is no scenario in Montana law that allows a Governor’s veto to go unreviewed. Supporting a pocket veto is playing politics with the lives and wellbeing of our constituents and should not be encouraged.
The ruling from the Court protects the Legislative body by showing that an override should not be avoided through creative timing nor by sitting on a veto until one chamber adjourns, nor any other loophole or “procedural gap.”
The “now” is that there should be no advantage taken of today’s rules. The Constitution is clear in the intent and stands above rules on this matter. While the rules are always changing and in-flux, that does not mean that positive legislation, which brought so many Montana’s together finally, should be sacrificed for political games, that undermine the work we do collectively.
The Courts preserved the Legislator’s ability to weigh in on the governor’s action. We legislators have taken an oath of office to protect and defend the Constitution and discharge the duties of our office with fidelity. Refusing to partake in the duties of a legislator does not preserve the separation of powers doctrine, and it most certainly doesn’t benefit the citizens of Montana.
Do not make SB 442 the sacrificial lamb of the 68th Montana Legislative session. I am asking you to vote with me and choose our people over the political games that get played. Please vote on the override and send your ballot in.a
