January 24, 2003
BY DAN RYLANCE
While Madison burns with the Tommy Thompson fires of fiscal mismanagement, some of his loyal Republican foot soldiers want to destroy representative government. They propose to amend the Wisconsin Constitution to require a two-thirds vote of both houses to raise taxes.
There will be many games played this winter in Madison. A proposal, however, that tears away the power of representative government is not wise public policy. |
The idea is not new. Nationally, Republicans have run for years on an amendment
to the federal constitution to require a balanced budget. They, of course, now
have abandoned the idea because balancing the federal budget is no longer a
priority of the Republican Party. In Wisconsin, last year, Governor Scott McCallum
proposed that any tax increase must be approved by a referendum of the people
before it could become law. In the 54th Assembly race last fall Republican incumbent
Gregg Underheim touted the two-thirds idea as one of his seven points of light
against Democratic challenger Jim Genisio.
What's wrong with proposal?
First, we should be mindful of what a constitution is in our form of government.
It is a broad, nonpartisan document that sets forth in general terms how we
govern. It is not a legislative document that can or should be changed to accommodate
partisan planks to deal with a current Republican financial mess. If Wisconsin
legislators don't want to ever raise taxes then they should never vote for them.
Period.
Second, in today's climate passing any tax increase with a simple majority
is almost impossible. So to tie the hands of the Legislature by a Constitutional
amendment to a two-thirds requirement is in effect making it politically impossible
for the Legislature from ever passing any tax increase. This, of course, is
their intent: No tax increase ever in Wisconsin. This is not sound or wise public
policy. It removes the Legislative branch from ever having the flexibility to
raise taxes should the good of the state require it and once in the Constitution
it will never be repealed.
Third, the proposal is politically irrelevant to solving the current fiscal
crisis. Fortunately, not even Wisconsin Republicans are allowed to pass a constitutional
amendment quickly. It must be passed twice by the Legislature and then approved
by a statewide referendum. So at the earliest it would appear on the 2004 state
wide ballot and could not go into effect until 2005. Even then it might never
work. What would happen if it did pass and the Legislature still passed a tax
increase? Would the courts then step in and prevent it? Can you name any state
laws today that are unconstitutional? Underheim knew this proposal was irrelevant
to 2003 when he proposed it to Genisio in his debates with him. Unfortunately
Genisio did not respond to it or Underheim's other six points of light, either.
This was simply a smoke screen which cannot do anything to deal with the current
budget deficit in Wisconsin.
Fourth, the proposal lacks representative integrity. In our form of representative
government, legislators are elected to represent the people. They are given
power to raise revenues and spend those dollars on programs that will benefit
the people who elected them. Why abdicate or restrict this power of representative
government to the Constitution? No guts? Why not require all major decisions
of state government to be approved first by the people? How would are form of
government work then? There are already significant checks and balances between
the executive and legislative branches to deal with the pros and cons of a tax
increase. The governor, for example, can veto any tax increase or spending bill
and the Legislature can override the veto by a two-thirds vote. Isn't this enough
protection?
There will be many games played this winter in Madison. A proposal, however, that tears away the power of representative government is not wise public policy. If the Republicans, and for that matter Democrats believe that they can get out of the current fiscal crisis without raising taxes let them try. But if the time arises when the people say you can no longer cripple us with poor services or we cannot afford any more fee increases, we must give them the flexibility to raise taxes if this becomes the best solution to years of Republican mismanagement of state government in Wisconsin.
Rylance is a former editorial writer for Knight Ridder newspapers who
now lives in Oshkosh and is a frequent contributor to this web site.
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