Photography by Kevin A. Roberts
The late comedian George Carlin warned, “Never underestimate the power of stupid people in large groups.”
In the case of the Missouri General Assembly, let’s be polite and not underestimate the power of people in large groups acting stupidly. After a session of bad legislation for which “stupid” is a kind characterization, the legislators have doubled down by sending a spate of toxic constitutional amendments to an even larger group—the voters—for an August 5 vote that could do lasting harm.
This is not politics as usual. Politics as usual has generally meant playing to the galleries, grabbing useful headlines and campaign donations, enacting some fraction of what has been promised to voters and contributors, and moving on to the next cycle.
Amending the state constitution is an entirely different matter: It’s playing with fire. Stupid legislation can be vetoed by the governor or overturned as unconstitutional by grown-ups in the judicial system. Stupid constitutional amendments cannot, unless they’re found to be in conflict with the U.S. Constitution.
There are five proposed amendments going before voters on August 5 (with more on the way in November), and only one even rises to the level of an amendment. That one would require that electronic communications and data be protected from unreasonable searches and seizures. It’s not a huge difference-maker, but it’s legit.
The other four amendments are at best cheap political statements designed to energize the right-wing base during an election year. (Gov. Jay Nixon has become adroit at scheduling these in a way that minimizes fallout to his Democratic party.) A few of the measures represent government at its worst, treating the state constitution like a campaign brochure.
It’s one thing for some fringy legislators to make headlines by suggesting it should be a crime to enforce federal gun laws. Maybe next they’ll want to pull out of the National Guard or replace all science classes with mandatory firearms training or make Cliven Bundy’s birthday a state holiday. But do that stuff within the confines of normal legislation.
These people would sooner hang a bust of Michael Sam to stare down the one of Rush Limbaugh in the Hall of Famous Missourians than engage in rational debate about state priorities and funding strategies for the long term. Everything is about cashing in politically today, and if that means having voters approve overly simplistic summaries of measures they haven’t read or understood, so be it. Maybe Missouri needs a constitutional amendment against legislators introducing bad constitutional amendments.
Here are the five ballot items, along with why four should be rejected.
1. House Joint Resolution No. 68
This constitutional amendment would impose a 0.75 percent increase in the state sales-and-use tax for 10 years to be used for transportation purposes.
Why it sounds like a great idea, in four words or less: God loves free highways.
First question normal people might want to ask themselves: Why on earth should Missourians turn their backs on the untold tens of millions of dollars that could be coming from out-of-state users of its highways in the form of higher fuel taxes and tolls?
Details of interest only to people who read: The most telling passage has gotten little public notice: Neither the state nor any county or municipality would be permitted to authorize or operate a toll road during the 10 years that the sales tax is in force. This is beyond stupid. The obvious way to fund transportation needs is through user fees, such as tolls, fuel taxes, and fares. If there were only one state in the nation to have tolls, it should be centrally located Missouri, which does indeed have federal tolling authority for Interstate 70. It is unfathomable that the state passes on tens of millions of dollars from out-of-state parties who use and damage its highways.
Mayor Francis Slay supports the measure because it is believed that it would bring $1.49 billion to the area over the tax’s 10-year life, but it’s the wrong funding source and an unfair, regressive tax that is already high enough. Whatever benefits are predicted by advocates could just as easily be reaped from the right kind of tax.
Worst consequence of passage: This measure sentences Missouri to at least another decade of irrationality with regard to transportation funding. If the state is going to raise sales taxes—a dubious idea at best—there are far more pressing (and appropriate) needs for such revenues.
2. House Joint Resolution No. 11
This one poses the question to voters, “Shall the Missouri Constitution be amended to ensure that the right of Missouri citizens to engage in agricultural production and ranching practices shall not be infringed?”
Why it sounds like a great idea, in four words or less: God loves our farmers.
First question normal people might want to ask themselves: Is anyone really trying to persecute our farmers and ranchers?
Details of interest only to people who read: This is one of several carbon-copy measures introduced across Midwestern states purporting to stand up to intrusions into the freedoms of farmers and ranchers. Among those, apparently, are the freedom to operate puppy mills without government harassment and the freedom to be free of animal-welfare laws and environmental regulations that are bad for agribusiness. After leading the successful fight for a ballot proposition to regulate puppy mills (only to have it eviscerated by the legislature), the Humane Society of the United States is opposing the measure.
Worst consequence of passage: If you like the idea of puppy mills, you’ll love this blank check to farmers and ranchers—some rather sizable corporate operations—in the name of keeping government out of their lives.
3. Senate Joint Resolution No. 36
This proposed legislation declares that “the right to keep and bear arms is an unalienable right and that the state government is obligated to uphold that right.”
Why it sounds like a great idea, in four words or less: God loves our guns.
First question normal people might want to ask themselves: Are they finally admitting the Second Amendment doesn’t actually do this and that the militia clause actually means gun ownership isn’t an unalienable right that can never be regulated?
Details of interest only to people who read: A joint letter from Jackson County Prosecutor Jean Peters Baker and St. Louis Circuit Attorney Jennifer Joyce to Speaker of the House Tim Jones warned that “the only ones that stand to benefit from this measure are gang members, drug dealers, domestic abusers, and other criminals.” Or as NRA CEO Wayne LaPierre likes to call them, “decent American firearms owners.” The amendment would remove any restriction on concealed weapons and proudly declare that gun rights are inalienable, and “any restriction on these rights shall be subject to strict scrutiny, and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.” Your ammunition and accessories would now be protected from the government, just like your guns. The bill does stop short of requiring that all Missouri residents pack heat—but not by much.
Worst consequence of passage: In a state in which a majority of voters rejected concealed carry as recently as 15 years ago, this legislation would chill any sort of sane gun-control measures for all time. As if the NRA needed any help.
4. House Joint Resolution No. 48
This constitutional amendment would require the Missouri Lottery Commission to develop and sell a Veterans Lottery Ticket, with proceeds going to the Veterans Commission Capital Improvement Trust Fund.
Why it sounds like a great idea in four words or less: God loves our veterans.
First question normal people might want to ask themselves: Why divert lottery revenue from public education, where it’s so sorely needed, to veterans’ funding that more properly should come from federal sources?
Details of interest only to people who read: The creation of a new lottery ticket will not increase the disposable income of ticket buyers by a penny, so it’s hard to imagine they will buy more tickets—they’ll likely just purchase different ones. That can only mean fewer dollars for public education and more for the veterans’ trust fund. In light of the Veterans Affairs scandals, it represents good politics for Republicans to have this on the ballot. That’s the only thing good about it.
Worst consequence of passage: This would have a significantly negative impact on state funding for public education, which simply is unacceptable. Veterans certainly deserve our gratitude and support, but it should come from federal sources primarily and not at the expense of Missouri’s kids.
Finally, there’s one measure that’s worth supporting:
5. Senate Joint Resolution No. 27
This resolution states that people shall be secure in their electronic communications and data from unreasonable searches and seizures as they are now likewise secure in their persons, homes, papers, and effects.
Why it sounds like a great idea, in four words or less: Everyone hates the NSA.
First question normal people might want to ask themselves: Do we really think spies from the National Security Agency or other government agencies will be panicked by this? Can’t you just hear them saying, “We’d better not snoop in Missouri. They’ve got a constitutional amendment stopping us”?
Details of interest only to people who read: As long as we don’t pretend this measure will impact the big-picture NSA issues, there’s no reason not to enact it. The content of cellphones and other electronic devices should be as protected from unreasonable searches as homes and persons are. Not all courts have seen it that way, so this would provide clarity. It’s a little creepy that this is a Tea Party measure sprung on the General Assembly at the 11th hour, with debate cut off, and that it probably was mostly intended for partisan political purposes in 2014. But that’s not as creepy as having the government disrespect your electronic privacy. It’s worth a yes vote. Now, if only there were a way to protect Missourians from unreasonable legislators.
SLM co-owner Ray Hartmann is a panelist on KETC Channel 9’s Donnybrook, which airs Thursdays at 7 p.m.
