Commentary; Posted: 9/1/04

Legislature needs to follow its own rules

In one of the braver, less appreciated moments of last legislative session, Rep. Mark Olson, R-Big Lake, rose on the House floor as early morning sunlight began to filter into the House chambers. The past legislative session had just ended.

Olson, a stickler on parliamentary procedure with a fondness for speaking on the duties spelled out in the State Constitution, began to lecture the bleary-eyed lawmakers on the importance of following the rules.

The Minnesota Legislature constantly breaks its own rules, Olson told the lawmakers. Things are slammed together at the last minute.

Major bills are passed without having been read by all the lawmakers.

Whether the House, which had just finished a marathon all-night session, was in a mood to listen to Olson is questionable.

Maybe they should.

In July, a Ramsey County District Court judge threw out the stateís new concealed carry law passed by the Legislature in 2003.

Like other controversial bills in recent memory, concealed carry was a product of parliamentary gamesmanship. It was attached to a DNR technical bill and some say reasonably. But Judge John T. Finley said otherwise, determining that supporters used this parliamentary gamesmanship as a vehicle to carry it through the Senate.

The frustrated concealed carry advocates had been unable to maneuver the bill through the Senate for years. But with the adroit ploy, they finally succeeded.

Likewise, the controversial womenís right-to-know, or 24-hour abortion waiting bill, made use of a similar vehicle.

In the latter case, the abortion bill was attached to legislation relating to circuses.

Some lawmakers believe that using less orthodox methods is a legitimate means of passing bills ó of getting the work done.

Youíve got to be flexible, one local lawmaker recently argued. Perhaps rules are made to be broken.

But in a political climate in which some lawmakers warn against the anti-democratic affects of ìjudicial activism,î it would seemingly behoove the Minnesota Legislature to follow cast iron procedures that puts legislation out of the reach of the courts.

The instructions are all there, Olson might point out. They just have to be followed.

Will they?

ó An editorial from the ECM Editorial Board. The Forest Lake Times is part of ECM Publishers, Inc.

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