Our Minnesota Constitution - Speed Bump or Law?

It may come as a surprise to voters, because it is so often ignored by our legislators, that our Minnesota constitution requires that each bill considered contain a "single subject".

Article IV, section 17 says:

Laws to embrace only one subject. No law shall embrace more than one subject, which shall be expressed in its title.

Unfortunately, legislative sessions are chock full of "omnibus" bills, and deals that attach desired provisions onto other unrelated bills.

The word you hear on the House or Senate floor is germane.  Objections are sometimes raised about whether a particular amendment or provision is germane, but these objections are routinely dismissed by a ruling from the chair.

You might wonder why the courts have not put a stop to this.  In short, our state Supreme Court has not been doing its job. The state supreme court has been as reluctant to enforce this provision as legislators have been enthusiastic in ignoring it. This article by Tim Pawlenty in 2000 outlines the history of case law.  The article paints a picture of prudent restraint, but I call it something else.  A Supreme Court that holds up deference to the legislature as a primary principle rather than a tie-breaking guideline is not doing its job.  The court is supposed to be a check on the power of the legislature, and to ensure that the constitution is followed. Our Minnesota Supreme Court has failed to stand up for the plain language and intent of our constitution.

As a consequence, lawmaking has largely degenerated into a vehicle to deliver on the agenda of the interest groups that helped elect the legislators.  Deals are done.  The definition of germane is stretched beyond recognition. Many bills, full of provisions intended to attract votes, are 10, 50 or 200 pages long - well beyond what other legislators can properly digest, much less what an average citizen can understand and follow.  Both the DFL and the GOP do this. The pressure on them to deliver on agenda is intense, but the DFL embraces this attitude toward the law, while many in the GOP see it more as a necessary evil to get re-elected.  In neither case is it acceptable.

In Minnesota, these questions are ultimately decided by the voters.  Minnesotans elect all the legislators, the governor and the justices on the Supreme Court.

These are the last few days of the legislative session.  The laws, taxes, mandates, regulations, standards, and fees passed in the next few days will apply to all of us, many for the rest of our lives.  It is up to us as citizens to know what our legislators are doing.  We must make our voices heard.

The single subject rule in legislation is intended to keep citizen involvement realistic, keep the dealmaking under control, and force legislation to stand on its merits rather than side agreements between the players.

My modest suggestion - let's demand that our legislators follow our constitution - for a change.