Pocket veto reveals lack of political backbone

If some historian ever writes a sequel to John F. Kennedy’s “Profiles in Courage,” it definitely won’t include Gov. John Baldacci’s “pocket veto” of two bills that had passed the Legislature. This was a profile in political calculation. In refusing to take the heat for killing these two bills outright, the governor made it clear that nothing controversial would be allowed to blemish his run for re-election.

The first of the two bills, LD 1481, would have given residents 75 days to bring about a referendum to reverse or change a project permit, such as for construction or land use. The second, LD 1943, would have blocked the Maine State Housing Authority (MSHA) from giving a preference in contracting to companies that provide a certain level of health insurance to their employees.

To say I am extremely disappointed with the governor’s actions would be an understatement.

If Gov. Baldacci had taken the high road, he would have vetoed these bills in the time-honored fashion. The Legislature would then have had the opportunity to uphold his veto or override it. This override process, as per the Maine Constitution, requires a two-thirds vote in each chamber to enact a bill over the governor’s objection. It could have made for interesting and illuminating debates on both bills.

Instead, the governor essentially did nothing. He did not take a firm policy stance on the merits of the bills. He did not present a vigorous defense of his decision. He waited until the Legislature had adjourned – until it was too late – and then simply “pocketed” the bills. With the Legislature gone, the bills died, despite passage by the House and Senate.

My objection has nothing to do with the substance of the bills. My concern is with preserving the integrity of the Legislative branch. The 186 members of the House and Senate are there for a reason. We represent our constituents through our votes. When we vote to approve a bill, and then the governor squirrels it away in his “pocket,” the orderly and normal process of lawmaking is disrupted. We were effectively denied the ability to fully live up to our responsibility. Consequently, the Legislative branch and our constituents were ignored by the governor.

The pocket veto of LD 1943 is a case in point. Previous legislative action had defeated two bills that would have granted a preference in MSHA contracts to employers who can afford to provide health insurance to their employees. Such a preference would have given large companies a major advantage over small, local enterprises.

Despite the Legislature’s clear rejection of this policy, the MSHA director enacted it anyway, through rules. This was an act of defiance. To undo this usurpation of legislative authority, LD 1943 was submitted this session by a senior member of the governor’s own party. It would have blocked a bureaucrat’s ability to set her own policy in direct contradiction with the will of the Legislature.

LD 1943 passed the House unanimously. The Senate passed it 22-12. Despite such overwhelming support, the governor has chosen to kill this bill. Had he the courage to take a stand and veto it, the Legislature would have not only had the chance but the realistic prospect of overriding his veto. Apparently, the governor was unwilling to risk a political defeat.

LD 1481 was more closely contested. It dealt with a very controversial issue that was well-publicized. Once again, the governor decided to duck a tough issue. With his pocket veto, he obviously hoped the matter would quietly go away. This, of course, is not leadership. This is a craven capitulation to political expediency.

The speaker of the House and the Senate president can poll the members of the Legislature and, with enough votes, call the Legislature back into session to further work on these bills. There is no indication that they will do so. It seems they prefer to surrender their authority to their fellow Democrat rather than stand up for the branch of government they have committed to lead.

In protecting their governor in an election year over upholding the institution of the Maine Legislature, they have displayed the kind of political baseness that leaves citizens disenchanted with our system of government.

I am not advocating for a special session of the Legislature or even a “veto day.” I am certainly not interested in wasting the taxpayers’ money. However, the principle of the separation of powers is significant and meaningful. The governor, the speaker and the Senate president have chosen to disregard it for the sake of “protecting” a governor running for re-election. That is truly shameful

The Legislature must stand up for itself in relation to the executive branch, regardless of which party occupies the Blaine House. And the governor must be willing to take action – and the heat – if he is to lead this state.

Paul Davis, of Sangerville, is leader of the Senate Republicans