Archive for Fish & Wildlife

Feb
10

The Terrible Ten

Posted by: Wessler

Today, Democratic leadership in the legislature released, “The Terrible Ten,” their list of ten frivolous and unconstitutional bills.

Much has been said about the number of unconstitutional bills that Republicans have introduced this year. Some reports indicate that nearly 100 bills have serious questions of constitutionality. These bill waste precious time during a short legislative session and more importantly waste the taxpayers’ money.

These bill are the most clear examples that Republicans in the legislature have abandoned the goal of bringing jobs to the state and moving the economy forward, and instead have pursued an unconstitutional social agenda.

Below is “The Terrible Ten“:

HB 392—James Knox (R-Billings) wants to redefine the 14th amendment of the U.S. Constitution by requiring certain individuals born in our nation to apply for citizenship. One legislator’s attempt to make himself a U.S. Supreme Court justice, HB 392 could rewrite nearly 150 years of judicial precedent and discriminate against Native Americans and children of immigrants.

HB 382—Derek Skees’ (R-Whitefish) 1861 flashback would let a handful of legislators nullify any federal law passed since the signing of the Constitution.  Slavery, child labor, and universal voting rights could all be up for debate again.

HB 283—Liz Bangerter (R-Helena) would allow sex discrimination in insurance coverage–discrimination the Montana Constitution explicitly forbids.

SB 106—Jason Priest (R-Red Lodge) overreaches legislative responsibility when he attempts to force duly elected statewide officials to do his bidding by joining the national lawsuit against Healthcare Reform.  SB 106 is not just a clear violation of the separation of powers, but a clear statement that every Montanan does not need or deserve health care.

SB 114—Greg Hinkle (R-Trout Creek) would like to give each county sheriff authority over national security investigations.  SB 114 would leave anti-terrorism efforts up to dozens of uncoordinated sheriffs, a favorite of extremist groups across the country.

HB 284—Tom Burnett (R-Bozeman) wants to criminalize state employees for complying with federal law.

SB 161—Verdell Jackson (R-Kalispell) wants to invalidate laws prohibiting insurance company abuses.  In addition, he too would like to criminalize state employees.

HB 321—Krayton Kerns (R-Laurel) would end the Endangered Species Act in Montana, putting critical wildlife and habitats at risk.  He would like to wipe out the law, along with rare species.

HB 397—James Knox (R-Billings) wants to give funds to unaccredited learning institutions, instead of fulfilling the state’s constitutional obligation to provide every child with a quality education.

SB 125—Art Wittich (R-Bozeman) would prohibit Montana from complying with federal health care reform, violating the Supremacy and Commerce Clauses of the U.S. Constitution.

The Montana House today, along a party line vote, gave initial approval to HB292, which would put a question on the 2012 ballot that would amend the Montana state constitution.

If approved, the amendment would change the portion of the constitution that relates to our right to a clean and healthful environment, to include the right to an economically productive environment. This would severely damage the environmental protections that Montanans have come to enjoy. It would become much harder to hold companies that damage our environment accountable.

In addition, this amendment would introduce a huge degree of uncertainty in our constitution. For example, what happens if two industries have competing definitions of an economically productive environment? The tourism industry probably has a very different opinion of an economically productive environment than the mining industry.

The bill will go before the House tomorrow for final approval, before moving on to the Senate. If the bill receives 32 votes in the Senate, the measure will then go to the voters in 2012.

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