I am getting tired of Government by Tantrum.

Our Missouri Senate has been an unfortunate participant for several years, some years so badly that some recent legislative sessions were among the most unproductive in state history.

The latest tantrum was last week’s display of political pettiness not at all befitting a chamber that used to be known for its deliberative and far more collaborative approach to governing.

It seems that some senators were so upset because the Missouri Supreme Court had the audacity to rule that the Senate had passed an unconstitutional bill that they forced cancellation of the annual State of the Judiciary address by the Chief Justice W. Brent Powell.

That oughta teach that uppity court a lesson.

The State of the Judiciary address goes back to 1974 when Judge Robert T. Donnelly asked for the legislature’s support of modernizing the court system. It was the early days for widespread use of computers in government and the court needed more people to use this newer technology to produce a more efficient court system.

But some Republican Senators were filibustering, keeping senators from going to the House of Representatives for a joint session for this year’s speech.

In the past, the Senate (and the House) would just have gone to work writing a bill that didn’t violate the Constitution.  But Senator Rick Brattin ranted about “a runaway court” that he claimed was created to be the lesser of the three branches of government. And he threw in some other disrespectful comments not worth repeating here. Senator Adam Schnelting, whose is a licensed realtor and minister, complained of the court’s continued “usurpation of power.”  He charged the court had usurped the power of the Senate to pass laws that apparently are above review.

Senator Nick Shroer, who is a lawyer, accused the court of legislating from the bench, in effect vetoing a bill. Somehow he did not think the court should have the power to interpret the law and protect us from serious legislative mischief.

The court ruling, by the way, was 7-0, including three judges appointed by our immediate-past governor, Mike Parson.

State Representative Rudy Veit, a lawyer who practices in Jefferson City, suggested, accurately, that the Senate’s carrying-on was “immature.” He told a reporter that one of the court’s roles is to determine when the legislature doesn’t follow the constitution in writing laws.

He’s right. The Senators are wrong. The founders created three separate branches of government and set up a system of checks and balances that protects citizens from one branch rule.
The legislative branch passes a law. The President or governor can veto it or sign it. If it’s a bad law and arguments against it are sufficient to prove it so, the courts can void it. There is nothing that prohibits a legislative body from rewriting its proposal so that it fits within proper legal guidelines. A mature Senate would be doing that.

The senators’ filibuster that resulted in the cancellation of a speech traditionally short on drama but long on the business of the court system was disrespectful of the court and the constitution.

The courts are government’s referees. Their rulings at the higher levels sometime carry an unspoken message: “Try to do it better next time.”  Petulance in the face of such an admonition serves no purpose and delays getting down to work doing better.

The Missouri Senate would be well-served if some of its members demonstrated the kind of maturity that is expected from the deliberative body that senates at the national as well as state level are supposed to be.