Each time the Missouri Legislature repeals something directly enacted by voters, it loses credibility, understandably frustrating and angering voters.
So what should lawmakers do in instances when they believe voter-enacted laws or amendments are unconstitutional or just plan wrong?
Gov. Mike Parson believes the so-called Clean Missouri amendment approved by voters through the initiative petition process last month is one of those.
Parson, in an interview with the Associated Press, said he wants lawmakers in 2019 to change the part of the amendment that revises the way Missouri’s legislative districts are drawn.
“Fundamentally, you think when the people vote you shouldn’t be changing that vote,” Parson told the AP. “But the reality of it is that is somewhat what your job is sometimes, if you know something’s unconstitutional, if you know some of it’s not right.”
We generally agree lawmakers should respect the will of voters, and resist the urge to repeal anything they directly enact.
The Missouri Legislature hasn’t always heeded that advice in the past. Eight years ago, when then-Missouri state Rep. Mike Parson didn’t agree with a voter-approved law imposing tough regulations on dog breeders, he led a legislative effort to repeal the measure and replace it with a tamer version, the AP reported.
That’s one example of lawmakers replacing voter-approved laws. The practice isn’t unique to Missouri; other state legislatures have done the same thing with various voter-approved laws.
We weren’t fans of the medical marijuana initiative petition amendment approved by voters last month, but we aren’t asking lawmakers to undo what voters did.
In the case of Clean Missouri, voters changed the Missouri Constitution, not just a law.
Republicans argue the redistricting change gives Democrats an unfair advantage and the voter-passed amendment is unconstitutional.
There’s evidence to suggest the Republicans might be right about the unfair advantage. An AP analysis found the new redistricting formula is likely to increase Democrats’ chances of winning elections and cut into Republicans’ super-majorities in the state House and Senate.
If the measure is indeed unconstitutional, challenging it in court — rather than simply repealing it — would be a better way to respect voters’ will.
Central Missouri Newspapers