July 19, 2005
LEGISLATIVE POWERS (and former powers)

A public service announcement on the Washington State Constitution in response to two silly statements that were expressed today from unexpectedly diverse quarters:

ARTICLE II
LEGISLATIVE DEPARTMENT

SECTION 1 LEGISLATIVE POWERS, WHERE VESTED. The legislative authority of the state of Washington shall be vested in the legislature, consisting of a senate and house of representatives, which shall be called the legislature of the state of Washington, but the people reserve to themselves the power to propose bills, laws, and to enact or reject the same at the polls, independent of the legislature, and also reserve power, at their own option, to approve or reject at the polls any act, item, section, or part of any bill, act, or law passed by the legislature.

(a) Initiative: The first power reserved by the people is the initiative ...

(b) Referendum. The second power reserved by the people is the referendum, and it may be ordered on any act, bill, law, or any part thereof passed by the legislature, except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions

The first silly statement was from the Seattle Post-Intelligencer editorial board, which applauded the State Supreme Court for unilaterally erasing the people's (former) constitutional power to check the legislature through a Referendum. Note that the constititution does not explicitly delegate to the legislature the exclusive power to decide when a law is immune from Referendum as the Supreme Court and the P-I wish that it did.

The second silly statement today was by apparent Senate candidate Mike McGavick --

who said

I personally have been voting No on every Referendum that comes along, because I don't think that's how we ought to be governed.
Which makes about as much sense as saying that one doesn't vote for legislative candidates because one doesn't believe in the concept of a legislature. Given the number of voters who vote yes on at least some initiatives, it doesn't exactly place him in the mainstream of Washington politics. Nobody's perfect, and this one statement is by no means enough of a reason to reject McGavick's candidacy. But this was his answer to the very first question he was asked as an apparent candidate and it's not exactly an auspicious beginning. I think he'll have a little more work to do to inspire enthusiasm in the grassroots, let alone to lay claim to the nomination and dissuade other candidates from entering the race.

Posted by Stefan Sharkansky at July 19, 2005 05:21 PM | Email This
Comments
1. He's a believer in representative democracy. What's wrong with that? Most of our founders thought the same thing. I'm for retaining our right to initiatives and referendums, but that doesn't mean I don't think we overuse them. I've argued with too many people about their votes on initiatives to think that the average voter is well-informed about all the ramifications of certain policy decisions.

Posted by: ed on July 19, 2005 05:43 PM
2. The Seattle P-I editorial board is a bunch of bozos to call Tom Chambers a "conservative" state Supreme Court justice. Chambers was a liberal Democrat trial lawyer before being elected to the state Supreme Court.

Chambers gave $250.00 to Patty Murray on 05/15/1998 and $300.00 to Jay Inslee on 08/13/1998. $1,000.00 to Inslee on 03/17/2000. To Deborah Senn $250.00 on 05/27/1999, $500.00 on 11/19/1999, and $250.00 on 01/20/2000. To AlGore $1,000.00 on 09/30/1999.

Posted by: Richard Pope on July 19, 2005 06:13 PM
3. Huh...

Posted by: Danny on July 19, 2005 06:34 PM
4. If McGavick doesn't believe in the initiative process, then he's just another arrogant elitist jerk. That means he doesn't understand the most fundamental concept of American democracy; that government power is derived from the consent of the governed. The People get a say on everything.

This is gonna be a big fight in the primary.

Posted by: Mark on July 19, 2005 06:47 PM
5. Oops Mike, wrong opinion. Guess we would have another public servant who knows so much more than the public he serves. Won't get my vote which won't count anyway. Along with my opinion.

Posted by: cindy on July 19, 2005 07:06 PM
6. Oops Mike, wrong opinion. Guess we would have another public servant who knows so much more than the public he serves. Won't get my vote which won't count anyway. Along with my opinion.

Posted by: cindy on July 19, 2005 07:06 PM
7. Why did the anti- bogus emergency clase side not hammer at the word 'immediate' in the referendum clause. Everybody was using the word 'emergency'. There was no immediate need at the time the legislature ignored the will of the people and the constitution.

Posted by: Don on July 19, 2005 07:08 PM
8. Voting no on a referendum is a rejection of the law passed by the legislature.

Posted by: tdf on July 19, 2005 07:33 PM
9. There's a big difference between somebody not agreeing with part of a state constitution versus part of the U.S. Constitution. The U.S. Constitution was assembled by some of the greatest minds in the history of the world. It is THE supreme law of the land. A state constitution is a nice document assembled by some bright people as part of one of many steps towards statehood. A state constitution is subservient to the U.S. Constitution, and there are 49 other docuements of equal value. So it is hardly as "special" as the U.S. Constitution.

I personally have no problem with initiatives. If there is a problem, it's not because they are "out of control," it's because of their inherent nature. For example, $30 car tabs. The argument in favor is simple and appealing. $30 bucks instead of $300. Everybody likes that. The position against is much harder to defend: that money is necessary, here are reasons why, and by the way how will we replace that money. Or the animal trapping initiative. The argument in favor is easy: stop killing animals in inhumane traps. The argument against is much tougher: nobody is poaching lions and tigers, and this amendment would make it tough to catch moles in our yard.

But, back to McGavick's comments--I found myself far less offended by his disbelief in inititiatives than I would have been if he didn't believe in the 2nd or 10th Amendment.

Plus, he didn't say he thinks the process should be repealed, he just didn't think it was the best way to govern. Growing up, it is like the attitude of my parents towards guns. My parents never felt any inclination towards having a gun in the house. They were in no way opposed to the Constitutionally-protected right to bear arms, they simply felt that we did not need a gun in our suburban neighborhood where the only crime ever committed was when I set up two lighted reindeers to look like they were humping eachother during Christmastime.

Posted by: ARS on July 19, 2005 07:41 PM
10. Yikes!

That certainly wasn't in McGavik's bio!

Major *wrong* call there Mikey!

(Back to my list.....Let's see what Diane Tebelius looks like...)

Posted by: Deborah on July 19, 2005 07:44 PM
11. He'd better explain those remarks, pronto, if he wants my support.

Posted by: steve_dog on July 19, 2005 08:31 PM
12. Geez ... the guy isn't even in office yet and he is already resenting the power of the people.

Just like all politicians and apparently wanna be politicians to have disdain for the Constitution.

Idiot Senator Leahey today said that current US Supreme Court is the most activist of his lifetime. Give me a break; the problem is that the US Congress has tried more often lately than during the previous part of his lifetime to find a route around the Constitution.

VAWA is perfect example. The US Congress tried to justify it by saying that the supposed epidemic of violence against women (what a load of crap, by the way) affect interstate commerce. The Supreme Court denied that on its face. That was an easy one.

So, what does Congress do? They are in the process of reauthorizing the worst legislation since Jim Crow.

You won't be surprised to see Patty Murray and Maria Can't co-sponsoring it. But David "I hate fathers" Reichert is co-sponsoring it in the House. He calls it the most important legislation he will ever be associated with.

Now, let's think about that. Reichert says an unConstitional peice of bigoted legislation is the most important he will be associated with. Now, what does that tell you about this political panderer.

Posted by: BananaLand(aka Iguana) on July 19, 2005 08:35 PM
13. The best comment is from TDF above noting that voting 'no' on a referendum is voting against the bill that is referred. In other words by voting 'no' McGavick is actually siding with the people putting out the referendum. So his clueless statement indicates he doesn't understand the difference between initiative and referendum. It was actually something Dino Rossi said frequently in the '04 campaign that he was voting No on all **initiatives** because he thought it was time to give 'em a rest and get new leadership in Olympia. That's different from voting No on all **referenda** where the choice is simply to accept or reject the enactment put before the voters.

But maybe the statement is not mere pandering and is actually to be believed: in that case, McGavick voted against the gas tax in R-51 (but wasn't Safeco a big supporter? Wasn't McGavick's former boss Slade Gorton co-chair of the Yes on R-51 campaign? Seems unlikely); voted against unemployment insurance changes favoring large corporations like Safeco in R-53; and voted to do away with charter schools, favored by Republicans and conservatives and opposed by the teachers unions, in R-55. Not to mention voting against the funding for construction of Qwest Field in R-48, right next door to his own Safeco field. Again, unlikely.

In sum, the statement is probably a "palpable attempt at dissimulation" calculated to pander to elite opinion, not an impressive first turn out of the gate for sure.

Posted by: Aloysius the Cat on July 19, 2005 09:14 PM
14. ARS,
You're point about the differences between state constitutions and the U.S. constitution is well taken, but my point was that it is reasonable to have beefs with direct democracy. Initiatives are a fine way to smack Olympia down when it gets out of hand, but it's a bad idea for the general public to be making complex policy decisions because they don't have to weigh all sides. Given the average person's interest in politics and they're interest in keeping abreast of the issues, direct democracy has some real problems.
To everyone else,
There are 6 million people in Washington, most of whom aren't pouting on SoundPolitics message boards. As someone who's worked in campaigns, I can tell you that the cranky people who call and e-mail wanting a candidate's position on the 47 pet issues nearest and dearest to their hearts aren't worth responding to. After all, they're only 1 vote.

Posted by: ed on July 19, 2005 11:05 PM
15. ARS,
You're point about the differences between state constitutions and the U.S. constitution is well taken, but my point was that it is reasonable to have beefs with direct democracy. Initiatives are a fine way to smack Olympia down when it gets out of hand, but it's a bad idea for the general public to be making complex policy decisions because they don't have to weigh all sides. Given the average person's interest in politics and their interest in keeping abreast of the issues, direct democracy has some real problems.
To everyone else,
There are 6 million people in Washington, most of whom aren't pouting on SoundPolitics message boards. As someone who's worked in campaigns, I can tell you that the cranky people who call and e-mail wanting a candidate's position on the 47 pet issues nearest and dearest to their hearts aren't worth responding to. After all, they're only 1 vote.

Posted by: ed on July 19, 2005 11:05 PM
16. "I personally have been voting No on every Referendum that comes along, because I don't think that's how we ought to be governed."

o_O

What happened to a government by the people and for the people? That was quite the silly statement.

Posted by: Cydney on July 19, 2005 11:52 PM
17. Ed, I've argued with too many people about their votes on initiatives to think that the average LEGISLATOR is well-informed about all the ramifications of certain policy decisions.

Posted by: Brian on July 20, 2005 12:26 AM
18. I recall Rossi saying something very similar during a televised debate with Gregoire. When asked how he was going to vote on the upcoming initiatives, his response was something along the lines that he didn't vote for initiatives because he didn't believe that's how things should work. I can't quote it exactly.

I have no problems with initiatives and will vote for the ones I believe in; but it's always bothered me how initiatives seem to always get approved, no matter what it's for. That's why I don't fall for the signature-gatherer's line that a signature doesn't equal a vote. No, it pretty much does equal a vote; and I'm not putting my signature down for something that I don't want to see passed.

Posted by: Trick Nasty on July 20, 2005 07:15 AM
19. Even with the initiative process we have the rule of law. The people simple can't vote and make certain actions legal. The initiative process must be in accordance with State and US Constitution. The initiative is still subject to judicial rule and executive implementation. The initiative is close to direct democracy but is still not direct democracy, direct action by the people still has checks and balances on it. Then after two years the legislature can alter the initiative. Even if an initiative gets the signatures, is overwhelming approved, it still will not become law if it violates other fundamental laws and rights.

McGavik statement is worrysome, it shows a lack of knowledge of the initiative process, and respect for the true source of sovereignty in our Republic.

Posted by: JCM on July 20, 2005 07:18 AM
20. Good catch, Shark.

Keep it in perspective as to what position he is running for- US Senate. A freshman Republican Senator will have only twice the power a reelection of Cantwell would have. It still isn't much. He still has to toe the line.

Being a CEO of Safeco will give him some say, but not a whole lot in "seniors rule" Senate.

What concerns me more is that he may very well turn out to be liberal in Republican clothing. These initiatives were about keeping our taxes down (as they are some of the highest in the nation); if he is against them, he is for "tax and spend" philosophy. Am I wrong?

Posted by: swatter on July 20, 2005 07:38 AM
21. McGavik=kerplunk.

His Freudian position on initiatives is all I needed to know.

He could be a great senator... just somewhere else.

Posted by: Who.... me? on July 20, 2005 07:59 AM
22. And Steven... could you explain this to me:

If McGavick's statement, wherein he confirms either his ignorance of the state constitution or his disrespect of that document (making him, to me, anyway, unacceptable) isn't enough to reject this clown out of hand... much like he rejects referendums out of hand... then what, exactly IS enough?

Posted by: Who.... me? on July 20, 2005 08:34 AM
23. In y'all's haste to dismiss Mr. McGavick, do not forget your high school civics. Senator McGavick will be holding a federal legislative position and will not have one iota of authority to adjudicate state constitutional matters. In a senatorial context, his thoughts regarding the effectiveness of initiatives are about as meaningful as his positions on curbside garbage collection reform. Similarly, when considering candidates for school board, I tend to ignore their thoughts on Defense Department procurement of next-generation stealth naval Destroyers. So should a position open up to be supreme ruler of the world with final authority on all the laws of all the jurisdictions, maybe Mr. McGavick wouldn't be our choice for that postion. But don't be so quick to rule him out of Senate contention.

Posted by: ARS on July 20, 2005 09:29 AM
24. One of my dislikes of Gregoire and Locke are their ability to throw gasoline (money) on fire (problems) and expect the problem to disappear while they were with Ecology (Gregoire) and a legislator overseeing DSHS (Locke).

If you have been against all the initiatives, what is your stance, Mr. Gavick, on taxes? You can't just generate money that doesn't exist. In the private sector, you could throw away money to improve your bottom line, but we don't want that approach in the public sector.

Hopefully, the comment on initiatives was a brain fart and can be excused due to the infancy of the campaign.

Posted by: swatter on July 20, 2005 10:26 AM
25. I'm with Stefan. This is a grassroots effort. We must be patient and wait and see.

Posted by: cc on vacation on July 20, 2005 11:22 AM
26. McGavick's remarks were troubling, not because they offended to the core my beliefs in democracy, but because they were a careless, flippant and arrogant soundbite from somebody who should have enough experience and common sense to know better.

When he's out exploring, perhaps he'll explore the notion of thinking before talking and that while a lot of people in DC might be really impressed because he used to be chief of staff to Slade, let's not forget that he has to win over the same people that threw his boss out of office and elected a dot com moron like Cantwell.

If he wants the party to smartly clear the deck, then he owes us the effort to engage his brain before his mouth.

Memo to the incoming comm dir - bad mouthing the idea of allowing the people to vote on how they should be goverened is the kind of talk that should be reserved for country club dinners with the Bellevue crowd.

Posted by: Kevin on July 20, 2005 11:29 AM
27. The Seattle P-I editorial that Stefan linked on this posting called Tom Chambers a "conservative" justice, simply because he favors the constitutional right of referendum. In reality, Chambers was a very liberal (and principled, to the extent of course that a liberal can be principled) Democrat prior to running for the state Supreme Court in 2000. Chambers also made large donations to liberal Democrat candidates in the several years preceding filing for office.

Is anyone going to take the Seattle P-I to task for this? I know the overall editorial is a lot more outrageous, but the basic facts they are building their opinion on are also outrageous and incorrect.

Posted by: Richard Pope on July 20, 2005 12:27 PM
28. By the way, I don't want everybody to think I'm staunchly defending what McGavick said, I just don't want it to get blown out of proportion and him to lose votes from his base before he's even filed with the FEC.

His answer made him look EXTREMELY rusty, politcally speaking. Never answer more than what you were asked (unless you're just looking for trouble). I can think of several answers which would have been much better, and his campaign certainly needs to work on many things. He could have answered "while I am strongly opposed to tax increases, I understand that many of the roads in our state are in urgent need of fixing, and I am concerned that simply overturning the decision of the legislature will afford the state no means to improve our roads in the forseeable future." Or he could have said in a sarcastic tone "My donors will be paying for my gas for the next year, and after that I'll be crusing in DC, so I see nothing wrong with a 9 cent hike." Or simply, "Joel, on issues like these, I am but one voice among millions of concerned Washingtonians." Yeah.

Posted by: ARS on July 20, 2005 12:27 PM
29. I would love to see a credible conservative try for Cantwells Senate seat, but McGavick isn't impressing me. Voting a blanket "no" to every Referendum or Initiative because "he doesn't think that is how people we ought to be governed" sounds like political elitism at it's worst. I don't like the term "governed" in the first place. It sounds like a bunch of people in robes up on a hill pointing fingers down at the lowly "common folk" and saying, "I'm up here, you're down there so you must do what I say". Mr. McGavick, IT'S A TWO WAY COMMUNICATION! You first LISTEN, then govern based on what you learn, along with what got you elected. If you fail to listen and make the wrong choice, (voting for a 9 cent gas tax for example...) the lowly folk will band together reverse you. Get it?

Posted by: Scott C on July 20, 2005 04:01 PM
30. ARS opines:

"In y'all's haste to dismiss Mr. McGavick, do not forget your high school civics. Senator McGavick will be holding a federal legislative position and will not have one iota of authority to adjudicate state constitutional matters."

I respond:

And I could care less.

I want my senator to respect ALL of the rights of the people, certainly not only at the Federal level, but at the state level as well.

What this guy is telling those of us who DO support that part of this state's constitution concerning political power emanating from the people and that other pesky section, quoted in Stephen's post here, is that we're idiots.

I don't give a damn WHAT he "likes." I want to KNOW that he will support and defend ALL of my rights, including those of initiative and referendum.

Those rights are explicit in this state's constitution. If he doesn't like it, he can go back to the insurance biz.

Posted by: Who.... me? on July 20, 2005 04:41 PM
31. http://www.mikemcgavick.com
Mike will run for senate

Posted by: McGavick on July 20, 2005 07:15 PM
32. Pity.

Posted by: Who.... me? on July 20, 2005 08:17 PM
33. ARS's distinctions between the US Constitution and the Washington State Constitution ring hollow.
While the US Con is the "law of the land" as he says, the WA State Con is the "legal controlling authority" within the boundaries of this state and that makes it critically important to the citizens of this state.
Actions normaly speak louder than words but in this case his words are loud and clear! He doesn't "think" this is the way we should be governed?? What he "thinks" does not matter, what the state constitution says does matter. These are rights reserved to the people and he just tosses them aside....I'm with Cindy and Deborah...he won't get my vote
And is it just me or does ARS sounds like his campaign manager???

Posted by: Blueknight on July 21, 2005 01:41 AM
34. While I vote on all initiatives and referenda, I can understand Mike McGavick's position.

Imagine what would happen if our state constitution were different, and we had no initiatives or referenda.

After this previous session, the people would have no recourse whatsoever except voting out the Democrats in control who passed all the horrible legislation in the first place.

Unfortunately, too many people in the mushy middle support Democrats in the state legislature because they like their loose spending habits, yet they support initiatives that cut taxes. I would venture to guess that ten percent of the people vote in that manner. This translates into Democrat majorities in the state legislature.

Furthermore, too much voter anger is siphoned away in initiatives. With I-912, the legislators responsible for the gas tax increase will not be held accountable for their vote! And these same legislators will figure out other ways to accomplish their agenda, despite the setback caused by I-912. We have seen this again and again in recent history.

Finally, the Democrat legislators passed much more than a ten-cent gas tax. It is impossible to overturn everything they have done via the initiative process.

With all that said, the fact of the matter is that our state constitution will never be changed. Initiatives are here to stay, for better or worse. We must, then, remember to put as much energy into "voting out the bums in office" as we do in gathering signatures for the No New Gas Tax initiative.

Posted by: Tim B. on July 21, 2005 06:37 AM
35. My observations of current or former CEO's of mega companies is they don't strike me as the type who will listen to the little guy 5 layers of management below them. In the case of Initiatives and Referenda, it's a whole bunch of little guys. His statement validates my unfortunate opinion. But I realize politics isn't like being a CEO. Maybe he just needs time to find his footing...so I'll give him time. But I and other Republicans who might nominate him will be carefully listening to every word.

Posted by: Scott C on July 21, 2005 01:20 PM
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