THE LEAGUE OF WOMEN VOTERS OF SOUTHEASTERN CT
SECT LWV: CONSTITUTION DOES NOT NEED CHANGING
By Barbara Brockhurst
Special to The Times
Connecticut residents, along with voting for president and other candidates on Tuesday, will be asked to decide two referendum questions.
The first is mandated every 20 years by our constitution and asks: “Shall there be a Constitutional Convention to amend or revise the Constitution of the State?”
The League of Women Voters of Southeastern Connecticut, in agreement with the state League, urges that you vote “no.”
Several advocacy groups in Connecticut are financing a campaign urging a “yes” vote on this question. A convention would provide them the opportunity to propose a specific amendment, one that would make the passage of future amendments to our constitution easier.
Under our current system, all proposed amendments first are introduced in our state legislature, where they face careful scrutiny and re-writes by legislators who vet all proposals for fairness and enforceability, among other criteria.
Only those amendments that pass in the legislature are then put into referendum form for approval by voters. This process does present a barrier to passage, but advocates are encouraged to work with legislators toward ultimate passage of sound legislation.
Members of the “yes” coalition, however, are asking that we bypass the legislative scrutiny by permitting a process called “Initiative and Referendum.” Such legislation permits proposed constitutional amendments be put directly on the ballot and then passed by a majority of the voting public.
A number of states have this provision and there are now many examples of laws passed this way. Notable among them is California’s Proposition 13, which passed in 1978 and led to profound and problematic changes that were largely unforeseen by the citizens who voted for it.
The unfortunate truth is that a majority of voters consistently can be persuaded to approve a variety of amendments to their state constitutions. Special interest groups finance “vote yes” campaigns that have succeeded in cluttering constitutions with well intended, but ultimately dysfunctional, state laws.
When presented only with a choice of “yes” or “no” concerning a complex issue, voters might reasonably feel they have little choice.
The “yes” coalition says that our elected legislature is, by passing on proposed amendments prior to referendum, preventing the voting public from having the benefits of self-government. This could not be further from the truth. The role of legislators and, indeed, of the governor in a functioning democracy is to ensure that the concerns of their constituents are reflected in all legislation ultimately passed. Our responsibility, as voters, is to advise them and, if they are not responsive, to vote them out.
A Constitutional Convention is not needed for any other reason than to consider a provision that is, at best, unnecessary. If this referendum passes, the cost to taxpayers just to convene the convention will be significant in a year when we are in no position to afford it. Significant future costs associated with administering referenda also would result from passing the Initiative amendment.
The second state referendum question on the ballot seeks approval for a change to our constitution that recently was approved by our legislature. It asks whether 17-year-olds whose birthday falls between a primary and the corresponding general election be allowed to vote in the primary. The League does not have a position on question two, but this change to our election laws seems reasonable.
Barbara Brockhurst is co-president of the League of Women Voters of Southeastern Connecticut. The League is a non-partisan political organization open to women and men. The group encourages active participation in government and works to increase understanding of major public policy issues and to influence public policy through education and advocacy.
Published Oct. 30, 2008