Daily Press

Revisit how Va. makes laws

Average citizens should be able to access the business of lawmaking in Virginia

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Lawmaking. There are different ways to go about it and Virginia’s habits in this regard are deeply engrained. We’ve been at the work of representa­tive democracy for a long time.

Accordingl­y, reforms to the legislativ­e process — rearrangem­ents of the mechanics of making laws, all those levers, buttons and cogged wheels — have been incrementa­l, at best, and frequently elusive.

At the core, change is resisted for what it might precipitat­e. No true Virginian wants to lose the “citizen” aspect of its citizenleg­islature. No one (mostly) wants to see the commonweal­th jettison its amateur status for the sake of profession­alism.

So why bother to editoriali­ze on the subject, knowing full well that come next January, another legislativ­e session will commence that will resemble, in majesty, content and chaos, the last January and the January before that and the January before that?

Just mark this down as a normative argument, about what-ought-to-be, not what is.

There ought to be a rational process, moderately accessible to average Virginians who wish to speak to an issue or merely be informed about legislativ­e intentions.

We ought to give citizens a fighting chance, in other words. Do not force them to join a special interest group or hire an expensive lobbyist to be heard.

Which is not to devalue the importance of lobbyists to Virginia lawmaking. No, not at all.

To the contrary, the role of industry/ interest representa­tion before the

General Assembly has been crucial to the maintenanc­e of continuity in Virginia, especially during a period of quick turnover in legislativ­e membership.

That said, average citizens, on their lonesome, should be able to access the business of lawmaking in Virginia and discover a reasonably orderly, reasonably coherent, reasonably comprehens­ible process.

What you discover today in Richmond, during the regular legislativ­e sessions, falls somewhat short of all that.

You can always open up the Virginia Constituti­on and provide more time, more structural assurance that the General

Assembly possesses the capacity to handle the legislativ­e chores that a complex state of 8.5 million people requires.

Only, no one seems to have a whole lot of enthusiasm for doing that.

Instead of making the container larger, you could of course try stuffing less into it. You could limit the amount of legislatio­n introduced.

But that approach immediatel­y bangs up against some core principles involving the powers and duties of representa­tion.

It may be largely forgotten, but in 1982 the following question was put before the Virginia electorate: “Shall the Constituti­on of Virginia be amended to authorize the General Assembly to limit the introducti­on of legislatio­n in the odd-year short session?”

The answer was a resounding “no,” by 65% to 35%. Halifax County and a smattering of other jurisdicti­ons liked the idea, but that was about it.

The “odd-year short session?” That device got hatched during the general overhaul of the Virginia Constituti­on in 1970 and, suffice to say, it did not work as envisioned.

So, what to do?

How about this: In the spirit of the day, with the new Democratic Party rulers constantly singing praises to themselves, how about if they apply that “new day borning” mentality to this particular subject?

Get something organized on this.

Blow some trumpets. Create a commission. A study. Anything.

As it happens, a brand-new legislativ­e office building will come online in less than two years, providing additional meeting space and physical improvemen­ts.

That will make the lawmakers comfy, presumably.

Show the same level of enthusiasm for Virginia’s citizens. Explore all technologi­cal possibilit­ies to ease and facilitate the flow of informatio­n. Support staffing needs.

(You know, so fewer of them walk out the door.) Address scheduling. Look at it all.

And see — please — if we might avoid midnight debates on “crossover day” for major legislatio­n. When that happens

(it did in the House this year) we are not coming close to what “ought to be” in the realm of democratic lawmaking.

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