This article from the Star Tribune provides a great example of why it’s bad to write policy into constitutions. Essentially, Minnesota passed a “Legacy Amendment” in 2008 that dedicated a portion of the state’s sales tax revenue to projects concerning the arts and the environment. While the amendment was certainly well meaning—what self-respecting liberal doesn’t like clean water, parks and orchestras?—it has created a whole host of problems for lawmakers who are trying to pare down a gigantic budget deficit without slashing programs that provide things like healthcare for homeless people.
While we might all like to have more parks and art museums, I think we can all agree that it’s probably better to prioritize saving peoples’ lives over trail maintenance. When well-meaning citizens write spending policy into the state constitution they prevent well-meaning legislators from effectively triaging during an economic downturn. Any constitutional amendment which mandates specific levels of spending or a particular program, be it a liberal Legacy Amendment or Pawlenty’s ill-conceived budgeting amendment, should be kept off the books.
I’m getting sort of sick of Tim Pawlenty’s new-found affinity for stupid gimmicks:
The state’s general fund budget would be frozen in line with revenue received during the previous budget period under a constitutional amendment proposed today by Gov. Tim Pawlenty.
The amendment, if placed on next year’s ballot by legislators and approved by voters, would limit government spending and force legislators to set firmer priorities, Pawlenty said.
This is really stupid idea. For one, any sort of policy that forces the government to slash spending during an economic downturn is necessarily going to lead to some pretty perverse cyclical consequences. Further, on a more philosophical note, I’m extremely uncomfortable with putting checks in the State Constitution that are not needed to ensure a functioning democracy. What I mean by this is that Pawlenty’s proposal, while debatable on its meager merits, is a policy proposal, not a constitutional matter. It’s important to constrain the powers of the legislature when it comes to issues like freedom of speech and other fundamental rights which are necessarily to ensure a healthy democracy; it is very dangerous, and frankly a little bizarre, to limit the power of legislature when it comes to policy measures.
Policy should be debated and voted on by the state legislature, not by the voters. Let too many referendums pass and too many constitutional constraints slip into place and you’re looking at the prospect of Minnesota devolving into a Californiaesque quagmire. I think that’s something we would all like to avoid. Pawlenty’s silly constitutional amendment should fall on that point alone.