Responsibility for bills rests solely with Legislature

“[T]he great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachment of the others. “

James Madison The Federalist Papers Federalist No. 10

Date: Nov. 23, 1787

Many of us are familiar with the concept of a separation of powers; the division created within the Constitution to protect against one branch usurping power and becoming abusive to the citizens of the United States. One branch would make law, one branch would execute that law, and the third would adjudicate the law. As expressed by James Madison in the quote above, each branch should have sufficient power, and motive, to keep the others in check by protecting its jurisdiction and enumerated authority. Unfortunately, the past generation of politics has produced a growing acceptance of executive branch edicts, receiving of judicial opinion as law, and a legislative branch that does not have the will to defend its rightful sphere of authority.

Idaho’s Constitution provides the same structure of government as our federal Constitution. We do not often see apparent lawmaking by our judicial branch, but there is frequently an overreach from the executive branch into the legislative branch. Besides the normal coercion upon lawmakers that can be expected from the executive branch, a change in procedure that occurred thirty years ago has given the executive branch the ability to interject itself into the legislative process. Currently, executive branch agencies are allowed to construct and present their own legislation, without the oversight of a legislator. Often times this legislation is benign, merely rearranging or removing old statute. Frequently, however, the proposed legislation is much more complex and will have a large impact upon the citizens of Idaho.

It is my contention that no matter how large or small the legislation may be, it is solely the responsibility of the elected representatives to present and create law. Our responsibility is to our electorate and not to the convenience of an agency, or the desires of the executive branch. We are the ones who can be held accountable through the electoral process, as opposed to appointed, or hired persons who are accountable to their superior within the organization.

Our committee process allows legislators to decide which pieces of legislation will continue through for a vote by each legislative body, and this has been used as an example of why there isn’t a problem with our current practice, but the presence of undue influence from executive branch bills remains. Not only does the executive branch have the ability to “run” legislation, but lobbying firms, and special interest groups are allowed to as well.

I am interested in protecting the purity of our constitutional republic, and specifically the legislative branch, which I am a member of. I see these actions as not only an overreach from the executive branch, but an abdication of authority by the legislative branch as well. The solution is to require that a legislator be the primary sponsor of each piece of legislation, and be responsible for it all the way through the process. This would oblige anyone wishing to advance legislation to find a legislator who sees merit in their idea, and who would be willing to promote it within the body.

In the past, agencies and lobbyists have respected the original intent, and have seen their ideas successfully advanced through the legislature, with a legislator at the helm. If we can return to the initial arrangement, it would result in not only a strengthening of the legislative branch, but also a strengthening of the voice of the people through those most responsible to them.

Sage Dixon represents Idaho’s District 1B covering Bonner and Boundary counties.