It is easy to fail to take notice, ignore, forget, or play down information that does not conform with expectations. So it is important to take notice when there is a “new normal” that is evolving.
Salt Lake Tribune writer Paul Rolly did us a service with his column, “The Legislature giveth, and taketh away”. He describes the “new normal” that is evolving regarding citizens’ initiatives.
In general, Legislators of nearly all political stripes dislike direct democracy in the form of citizens’ initiatives and referenda. It is a threat to their “representation.”
But there has been little for them to worry about in Utah where the process of qualifying an initiative for the ballot is as difficult as they can make it. It has not been much used.
In the past fifty years since 1960, 19 issues made it on the ballot and only five have been successful – one per decade on average.
Because of their rarity, legislators of the past took the results of this citizen action to heart, zealously protecting the decision of the people for decades -- even long past the time when it made sense.
For example, the long-running embarrassment of Utah’s laws on alcohol can be traced to the result of the 1968 “liquor by the drink” initiative; or the failure to protect our public health following the 1976 “Freedom From Compulsory Fluoridation and Medication Act.” Even the “Elimination of State Sales Tax on Food” was stymied for decades after it failed in a 1980 ballot test.
The turning point for this “new normal” came seven years ago in 2002 when the legislature found it could reverse much of the main intent of the “Utah Property Protection Act” passed by the voters in 2000.
At first, it was a timid move legislators made hoping that voters wouldn’t notice that their will had just been overturned.
Voters didn’t notice – and no legislator had to pay a political price.
Failure of the voters to be vigilant in protecting their decisions opened up the floodgates. The “term limits” bargain that the legislature made with voters in 1994 was struck down as it was about to take effect. Fluoride was placed on the ballot again. Sales tax started coming off food. The liquor laws were significantly changed. These long standing political articles of faith were breached with no political price – even in some cases with justifiable praise.
So when legislators got publically spanked on school vouchers, they feared the winds of change had come after a few short years of ignoring the public will. But few, if any, paid the price of losing their seat for this foolishness. The instigators agreed to respectfully wait a few years before trying again. A sigh of relief can be heard coming from Capitol Hill.
As legislators contemplate the ethics and redistricting initiatives, there is a patronizing feeling: allow the public throw a temper tantrum; it will not last long since it is so difficult to qualify initiatives for the ballot; citizens will probably not be organized enough to even get a vote; even if they do manage to pass these initiatives, legislators can safely ignore them and amend away all of the limiting aspects with impunity. All legislators need to do is act respectfully to voters and wait them out until the attention has abated.
This is the “new normal” for our super-majority GOP legislature. They have waited out a string of so-called RINO governors. They have waited out the attention spans of the voters. They have found ways to make end-runs around the attorney general and the courts. They have the power. They are the Hive.
Will you be assimilated? Is resistance futile?
