When writing the U.S. Constitution, the Framers declared their objective to “secure the blessings of liberty for ourselves and our posterity.” Had they been drafting Louisiana’s constitution, they would have needed to add, “to set the number of members of the LSU Board of Supervisors and the cost of license plates.”
There is little disagreement that our constitution is too long and too complex, forcing reluctant voters to weigh in on confusing and frequent amendments. In the midst of an outmigration crisis, a looming fiscal cliff and an economy that remains stagnate in a sea of Southern boom, it is time for the Legislature to take on serious constitutional reform.
Richard Nelson
House Bill 800, currently being considered by the Legislature calls for a limited convention to simply remove provisions that are not fundamental law from specific articles of the constitution. This would not substantively change existing law but would give our elected representatives the flexibility to change removed provisions by a two-thirds vote. For example, Article VII of the constitution provides for many restraints on spending and revenue. Between constitutionally mandated expenditures, dedicated funds and tax exemptions, past governments have deprived current and future leaders of the ability to respond to present-day challenges.
The constitution mandates two-thirds of the state’s non-discretionary spending, more than the entire discretionary budget. Dedicated funds further tie up billions of dollars across dozens of funds. While certain items like the homestead exemption and the Minimum Foundation Program that funds K12 education should maintain constitutional protection, safeguards can still be achieved outside of the constitution.
Simply removing certain funds and providing for them in law, while maintaining a high vote threshold to amend, allows the Legislature to appropriately provide for citizens while ensuring taxpayer dollars are going to the priorities of today, not those of 50 years ago.
Without changing substantive law, the convention could quickly address what needs constitutional protection and leave future policy debates for the Legislature. Using current legislators as delegates, along a limited number of gubernatorial appointees, will also expedite the process as we have already chosen them to represent us.
Finally, the timing of the convention is perhaps the biggest controversy. Some say we should wait, rather than have a convention this summer as currently proposed. However, we have spent a half century since the last constitution was adopted discussing, studying and proposing constitutional changes. Shifting provisions to another section of law can be accomplished in a matter of weeks. Calls to delay will likely never be satisfied. A new proposed constitution would be on the high-turnout presidential ballot this fall, and therefore is the best opportunity for the most input from the public, who will have the final say.
If I’ve learned anything from politics, it’s that there are two things people hate: the way things are and change. Constrained by our constitutional framework, we have failed time and again to innovate and compete with neighboring states that continue to poach our citizens and businesses. I am happy to live in a time when government is being accused of moving too fast.
If we want to preserve the blessings of Louisiana for ourselves and our posterity, we cannot wait to enact necessary constitutional reforms.The biggest failure is a failure to act.