Actions by guv, Legislature make them above the law
August 1977. The Pennsylvania legislature had yet to pass a budget, and the impasse, in which every citizen felt pain, was inflaming tensions by the day. Lawmakers needed police protection, a 20-person melee broke out on the House floor, and boisterous protests were commonplace.
But perhaps most frightening was the sight of angry constituents literally pounding the front door of a legislator’s home (he was in Harrisburg) as his wife single-handedly stood up to, and somehow fended off, the belligerent mob, while his scared young children hid behind her for protection, certain that the door lock would not hold up should she need it.
Violence and threats are never the answer, but people’s frustrations were understandable. Back then, during budget impasses, spending freezes went into effect. Nothing, and no one, got paid. No bills. No salaries. No school funding. Not even paychecks for the legislators. Nothing. And that’s exactly how it should be. Only when everyone feels the pinch do rational heads prevail and things get done. But that’s not how Harrisburg does it anymore. Quite the contrary, damn near no one is affected by budget crises these days, and for good reason. Our elected officials concocted a plan that ensures no one feels the slightest pain. They break the law. That’s not hyperbole. appalling.
Here’s where Pennsylvania’s budget crisis stands:
1) First, a quick primer. Pennsylvania is required by its constitution to enact a balanced budget by June 30 of each year, one that must be passed by the Legislature and accepted by the governor. Should that fail to occur, the state is supposed to shut down until the politicians get their act together.
No one should get paid, and no state programs should be funded, from DMV services to schools to prisons. That way, the Legislature has incentive to quit playing games and pass a reasonable budget. Doing so is in the best interests of the people, and keeps the state’s fiscal position in good standing because Pennsylvania’s budget, like those of many businesses and families, would be balanced. It’s fact. And it current is In other words, the state would not spend any more money than what was allotted.
But since many of today’s elected officials are cowards, interested only in selfpreservation, they’ve decided that breaking the law is the most expedient way to “serve” the people, since an unaffected, and thus apathetic, public will keep them in office.
2) A note about how “everyone feeling pain” brings out the best in many people. During the ’77 impasse, the state police did not get paid, yet their performance was remarkable. Despite financial hardships, they were so diligent in protecting the public, including the unpopular legislators, that their rate of absenteeism was far below normal throughout the crisis. They put others ahead of themselves, and their selfless actions served as the shining example of what good citizenship means.
3) Lawmakers sent a $32 billion budget to Gov. Wolf, who, rather than sign it, did nothing, allowing it to become law. One problem: That budget comes with a massive multi-billion dollar deficit. To recap Civics 101: A balanced budget requirement means that spending cannot, by law, exceed revenue. So to “pass” a budget that is billions in the hole is unequivocally illegal, showing a flagrant disregard for the law. Their justification? They would figure out how to pay for it “later” — a classic sham answer.
The Republican-controlled Senate’s answer is to — what else? — raise taxes. Far be it for them to do their job, namely to run Pennsylvania in a fiscally responsible manner by cutting waste, streamlining government, and creating a favorable business climate for sustained job growth. Instead, they want to further penalize an already-overburdened citizenry by further raiding their wallets.
Among the hikes proposed are a severance tax on the natural gas companies (one that would decrease production and thus kill jobs). This, mind you, would be in addition to the hefty impact fees and billions in corporate taxes they already pay. And let’s not forget that Pennsylvania shamefully touts the second-highest corporate tax rate in the nation. As it is, the gas companies already shell out far more than their “fair share,” yet the Senate wants to drill them even more. Such a tax, if enacted, would have potentially devastating consequences, as gas companies would look for greener pastures elsewhere.
Nothing like trying to slaughter the goose that laid the golden egg, as the gas industry is the only one that can revive Pennsylvania’s fortunes.
Additionally, the Senate plan would slam consumers with tax increases on their energy consumption (electric rates, gas bills) and impose more levies on telecommunications/cell phone service and online purchases. But the most asinine “solution” would entail borrowing hundreds of millions, which solves absolutely nothing, since it’s robbing Peter to pay Paul. That’s like using one credit card to pay off another.
You can’t solve a problem until you know what that problem is. Clearly, the Senate has yet to figure out what most already know: Elected officials advocating irresponsible tax-and-spend polices are the problem.
4) The way to balance the budget is to make across-the-board cuts. Period. No exceptions. Many won’t like it, but will accept it so long as its equal pain for all, special treatment for none. But choosing budgetary “winners” while others get shafted — code speak for rewarding big campaign contributors — is a surefire way to generate intense animosity.
5) The reason many experience no hardship is because of a woefully bad legislating-from-the-bench decision by the Pennsylvania Supreme Court several years ago that mandated state employees be paid during a budget impasse. Wrong. Those justices need to revisit law school (and civics class) since it is solely the job of the Legislature to determine what monies get allocated, and to whom. The court has no business whatsoever telling lawmakers how to do their job. Incomprehensibly, the Legislature just accepted the court’s usurping of its authority, and never challenged that decision.
Does anybody ever do their job anymore?
6) Playing games with the budget is nothing new. For example, several years ago a budget was passed with phantom “revenue” generated by raiding the state’s MCARE medical compensation fund (which was deemed illegal and had to be returned) and hundreds of millions from the tolling of Interstate 80 — except that I-80 never got tolled. Given that those revenue sources disappeared, how did the Legislature and governor balance the budget thereafter? They didn’t, instead choosing to illegally operate in the red. Nothing’s changed.
7) What can be done? Several things. First, voters can contact their state representative, urging a “no” vote on the Senate bill so that a true solution can be achieved. Second, the state treasurer could refuse to issue payments for anyone or anything until the budget was genuinely balanced. Not only would such a move be the right thing, but if done in a populist way, it would immediately make the treasurer the most admired — and potentially powerful — politician statewide.
Legislators could be rebuked and “censured” —though only through the press, good-government organizations, and social media, since they obviously see no fault in their actions. And most significantly, albeit most difficult, the people could demand term limits and, in the meantime, vote out as many incumbents as possible. That’s not a panacea, but taking a hard line with candidates by demanding they follow the law and pass a balanced budget would go a long way. That type of voter “uprising” has precedent, as both parties suffered massive losses after legislators voted themselves an illegal pay raise in 2006.
Without respect for the rule of law, especially from lawmakers themselves, we are no different from a banana republic. Gov. Wolf and the Legislature need to stop shirking their responsibilities, start following the law, and do the job they were elected to do.
Or their political fortunes may become as out-of-balance as the budget.