Missouri, the Seuss State, and the importance of “no”

“I call them Thing One and Thing Two…                                                                             Then those things ran about                                                                                               with big bumps, jumps and kicks                                                                                        and with hops and big thumps                                                                                             and all kinds of…tricks.”

Dr. Seuss’s Cat in the Hat gave us two Things and they have become part of our conversation in various ways through the years. The story comes to mind because history has never given Missouri a Governor-Lieutenant Governor combination with the same first names. Until now. Mike 1 and Mike 2.  Governor Mike Parson and Lieutenant Governor Mike Kehoe.

Missouri has had five governors and three lieutenant-governors named John, but the state capitol has never had two Johns at the same time.  We’ve had three Josephs as governor and one Joseph as lieutenant-governor.  But never together.

But on June 1, 2018, Missouri began to enter the Seussical Era. And now we have a couple of cats wearing a couple of new hats. Mike 1 and Mike 2.

As the good doctor wrote in another of his other best-selling ruminations on life:

“Oh, the places you’ll go! There is fun to be done!
There are points to be scored. There are games to be won…
Fame! You’ll be as famous as famous can be,
with the whole wide world watching you win on TV.

Except when they don’t
Because, sometimes they won’t.”

We wish Mike 1 and Mike 2 a service without big bumps, jumps and kicks or tricks.  However:

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There is another issue beyond the legality of the appointment that piques our interest about the twoship of state government.

Article 4, Section 10. There shall be a lieutenant governor who shall have the same qualifications as the governor and shall be ex officio president of the senate. In committee of the whole he may debate all questions, and shall cast the deciding vote on equal division in the senate and on joint vote of both houses.

The Missouri Constitution carries over language written in 1875.

Today we pick a philosophical fight that suggests the lieutenant governor should always break ties in the senate and on those occasions when there is a joint vote by both the House and the Senate (the provision was written at a time when Missouri’s U. S. Senators were elected by the legislature) with a “no.”

Our argument is certainly open to discussion and we would welcome it in the comment area at the end.

Under our Constitution, the lieutenant governor is both fish and fowl, both legislative and executive in nature, the successor to the chief executive if something befalls the chief executive, and the presiding officer in the upper house of the legislative branch.

To test this idea, let’s suggest a circumstance in which the presiding officer in the upper legislative house breaks a tie with a “yes” vote on a bill.  Before the bill is truly agreed to and finally passed, the chief executive becomes unable to perform the duties of that office, thus elevating the person who broke a tie on a piece of legislation into a position of signing the bill into law.  The situation is at best awkward.  Under certain circumstances, signing the bill could create a conflict of interest because a vote cast to keep an issue alive during the legislative process might conflict with a new governor’s obligation to serve all of the people of Missouri.

So, let’s argue, the tie should always be broken in the negative.  Why?

Because it is the responsibility of those chosen by the people in the legislative districts to represent those constituents in finding agreement on a proposed law affecting all Missourians.  The Executive Branch, which is not chosen to specifically balance the rights of specific constituents, should not take legislators off the hook.

If the legislature, which is entrusted with enacting statutory policy that one should expect to be fair to all, cannot draft a policy that draws majority support, then its failure should not be excused.  And the lieutenant governor should not excuse that failure by voting “yes.”

Please note that we began by referring to this as a philosophical fight. In the real world, of course, there is partisanship and special interest favors to be considered, which is why a lieutenant governor who happens to be of the same party as the majority in the state senate is likely to let the majority party off the hook by turning a failure into a partisan success.

A “yes” vote to break a tie dismisses the value of half of the state’s population.  A “no” vote recognizes the place of both sides in the system of government, and demands that the people’s representatives work harder on an equitable policy for all.

A “yes” vote is politics.  A “no” vote is statesmanship.

Let me know what you think......

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