House update: Differences abound in how one defines ‘constitutional legislation’
By Rep. David Floyd
50th District State Representative
Wednesday, March 20, 2013, 11:55 a.m. – The first public oath I ever took was for service in our country’s military. A young lieutenant had us hold up our right hand and said “Repeat after me – I, (state your name…”) and then we repeated the remainder of the oath of office, as we were prompted. What is it that I was asked to pledge in that oath? You might think it was to defend America’s shores, or support the American people. But no, it was “I, David Floyd, do solemnly swear that I will support and defend the Constitution of the United States of America…”
Notice a few things about that oath. First it is a “solemn” oath, meaning that it is undertaken seriously, not causally; it is a grave thing to which you are giving your pledge. Second, your oath is to support the Constitution because that is the foundation of all that separates the United States from the rest of the world.
I’m not certain how non-veterans view the flag or the National Anthem, but I know that every veteran, no matter if they were a P.O.W. or a combat veteran or completed a rigorous survival course, stands at attention when the Stars & Stripes are presented. We get a little tight in the throat when the National Anthem is played. In the mind of a veteran our Constitution is bundled with these.
For elected officials in Kentucky, the oath of office begins in a similar manner: “I do solemnly swear that I will support…” the Constitutions of the United States and the Commonwealth of Kentucky. And so when elected officials treat our Constitutions in a cavalier manner, it grates. Yet it happened again this legislative session. Two examples follow.
HB 89 called for collection of DNA on arrest for any felony, no matter if that collection is relevant to the case. After that bill passed the House, I asked an attorney who is a member of the House if that did not pose any constitutional problems. He said “Absolutely! Unreasonable search and seizure, due process, right of privacy!” Even knowing all this, he (and other defense attorneys) voted for it. Why? Perhaps it was for political reasons.
HB 416 was passed with less than a constitutionally required 3/5 majority. Every member of the House knew this was unconstitutional. In fact, earlier in the same week we had recalled HB 73 for the same reason; it needed a new vote because it passed the first time with less than the required 3/5 majority. But that fact was inconvenient on HB 416, so what did the majority do? Winked at each other and passed it to the Senate.
A few years ago on national television, a member of our House was asked, if she had to choose between obeying the Constitution and pressing her public health bill forward, which would she choose? Her answer was that she would choose her bill. In today’s parlance, that is called a “fail.” It’s as if she took her oath of office with her fingers crossed behind her back.
Some legislators feel that they can pass legislation which “might be” unconstitutional, since a citizen can always challenge the law in court. In the first place, that is a blatant violation of a sacred oath; in the second place, most citizens have neither the means nor the inclination to challenge a law in court. And perhaps that is why some legislators regard the constitution as a mere inconvenience; no one will hold them accountable to their oath, and they will push their agenda through the statutes.
These actions generate a deep groaning in the spirit of a veteran. It should be of great concern to every Kentuckian, for if our Constitutions have no meaning, if elected leaders do not feel constrained by constitutional limitations, then We the People are not safe. If these lawmakers continue to prevail in elections, then citizens have no legal guarantees, not even in our Bill of Rights.
Finally, at the ceremony that recognizes their assumption of duties, elected officials should be made keenly aware of the seriousness of their sacred pledge. Do you know who is present when you “state your name” and the oath of office is administered to you? Your parents may be with you, your wife and children, the official administering the oath. However, the last words in the oath leave no doubt about another guest Who is present while you make this solemn pledge: “So help me God.”
The best part of my job is hearing from you. Coffee with Dave is at the New Hope Food Mart on Saturday. We begin at 10 a.m., I buy the coffee and hope to see you there. Special guest this week is Sen. Jimmy Higdon!
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