Founders Quote: "At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account."
--Thomas Jefferson, letter to Monsieur A. Coray, 1823
It seems that Democrat leaders in DC and Salem have a disease these days that seems to be spreading. Acting in an Unconstitutional manner, which I call ‘Unconstitutionalitis’.
The Obama administration keeps losing in Federal Court time and again for actions they have taken that have been ruled unconstitutional by the courts. One of the latest examples is the ruling that NLRB appointees appointed during the US Senate’s recess were not constitutional. It seems the Obama administration’s ‘catch me if you can’ attitude will fail in the end as they are rebuked by the courts time and again.
And now, Oregon Democrats in the Legislature are trying the same thing. They are proposing raising taxes in a scheme that goes around Oregon’s constitutional requirement for a 2/3rds vote of each chamber to pass a tax increase. AFP OR has a great recap of this issue for you to try to understand. It is titled “Games of the Greedy Oregon Legislature”.
In my years in the legislature, I have never heard of this particular scheme, though I understand the thinking behind it. You see legislators will always find a way around the rules to do whatever they want, as long as they have the votes, Constitution be damned!