More gridlock on the way
Friday, Feb 15, 2008 - Posted by Rich Miller
* We discussed this a bit late yesterday afternoon, but there are now more news stories available, so let’s delve deeper…
Illinois House Speaker Michael Madigan wants to put curbs on Gov. Rod Blagojevich’s power, prompting a Republican leader to predict the legislature will “grind to a halt” this year.
Madigan, D-Chicago, is seeking to add a clause to most House bills preventing Blagojevich and his state agencies from writing their own rules about how to administer the laws.
Madigan believes the governor has abused his authority to do that, especially last fall when the Blagojevich administration unilaterally tired to expand health-care programs by rewriting eligibility requirements. The General Assembly didn’t approve the expansion, and Blagojevich said an obscure legislative panel did not have the authority to stop him.
“The issue today is one that could amount to a constitutional crisis,” said Rep. Barbara Flynn Currie, D-Chicago, Madigan’s top lieutenant. “The governor is not a lawmaker. He is an executive.”
Not only will the House put the clause in most House bills, she said but also will add it to any bills that originate in the Senate and are passed over to the House.
* House GOP Leader Tom Cross warned the Democrats that their proposal was folly…
“We will be bogged down in rules that (this special committee) has historically done for many, many years to the point that nothing gets passed and the people of the state of Illinois will not have their issues addressed in this session,” he predicted.
* Here’s the text of the rider that will be added to all relevant House bills…
Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.
If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.
* A bit of analysis from Aaron Chambers…
1) As a political matter, Madigan’s new strategy is a clear indication that his bitter feud with Blagojevich, a fellow Chicago Democrat, will continue into its second year. The prospect is both titillating (for us political junkies, anyway) and exhausting.
2) As a practical and legal matter, Madigan’s new strategy will make the already cumbersome and dynamic process of lawmaking downright insane. Again, fun to watch. But not so fun if you have an legislative agenda in Springfield and you actually hope to advance it.
The problem with advancing bills will be most acute when those measures reach the Senate, which has not yet signed off on Madigan’s idea and is not expected to since Senate President Emil Jones is a Blagojevich ally.
* More session stuff, compiled by Kevin…
* Group tells governor to ‘Invest in Kids‘
* Our Opinion: Governor must get real with budget plans
* Comptroller: Budget outlook gloomy
- Ghost - Friday, Feb 15, 08 @ 10:12 am:
I think peolle are missing the point. It was long ago recognized that the need to add lnaguage like this to every bill would be very cumbersome. The solution was the Administrative procedure Act and JCARR. Thus, rulemaking would be handeled and ovwerseen by a seperate more stream lined body. JCARR was beefed up to have authority to reject proposed rule. The Governor now claims JCARR has no authority to do this, as it is a LEGISLATIVE function. Thus, the Gov himself has brought down the need for legislative action on every bill to carry the protections which had originally ben handled by JCARR. This is the unfrotunate requirment brought about by the Governor and I am glad Madigan is doing it. The rest of the legisalture and Mr. Cross better be prepared to explain why they are unwilling to put the Governors rampant imperialistic weild of power in check, which is their job!
Cross needs to be a man and either stop blago or just be part of the problem. Its a good thing we have Madigan trying to do somthing, otherwise no one appears to have the stones to stop decifit spending by executive fiat and the Governors unchecked excercise of whim.
- Princeville - Friday, Feb 15, 08 @ 10:17 am:
Not so bad, maybe bills taking longer to fly through will help bills like Moment Silence/Prayer and the Smoking Ban to be better laid out. Passing bills without ways they are to be enforce isn’t a real great way to do business. For all the squeeling over “Evil Madigan”, the governor in my opinion has brought this ’stamp clause’ on all by himself. If Blago isn’t going to acknowledge JCAR what other way is there to make sure once laws are passed that they are not changed to suit the moments adgenda.
- Bill S. Preston, Esq. - Friday, Feb 15, 08 @ 10:18 am:
I’m not an admin law expert, but isn’t the way it’s supposed to work is that the legislature gives an executive committee a general grant of authority in a particular area, not unconstitutionally overbroad, and the executive committee thereby has the power to promulgate rules within that grant of authority?
It seems here that both the Speaker and the Governor want all or nothing - which is not the way it’s supposed to work. I was under the impression that we had adults working in Springfield, but with this and Delgado throwing temper tantrums, it seems like we have a bunch of little kids fighting in a sandbox. It’s a shame.
- Huckleberry - Friday, Feb 15, 08 @ 10:21 am:
What if it’s not an amendatory act. What if it’s new legislation, creating a new act. Does it matter?
- IncrediblyDumberThanYouThink - Friday, Feb 15, 08 @ 10:55 am:
No one is trying to curb the Administration’s power. Some are suggesting consistency is a good idea. Most are saying the legislature is a co-equal branch of government.
Hard to tell who is getting bigger laughs right Tom Cross and his “worries” about gridlock or Blaggodiot and the “concern” about the need for emergency rules.
What folly!
This from the madman who has called 19 special sessions to address his whims, spent millions on silly, losing lawsuits, fired family and friends, all name of egomania.
It seems certain that the Cross for __________ (anything statewide)boomlet is over too.
- Leroy - Friday, Feb 15, 08 @ 11:16 am:
“predict the legislature will “grind to a halt” this year.”
A year without a slew of “BAN THIS!” “INCREASE THE PENALTY FOR THIS!” “RESTRICT THESE PEOPLES RIGHTS!” “RAISE THIS FEE!” “MICROMANAGE THIS OBSCURE SITUATION!” laws is like a day without sunshine.
- Huh? - Friday, Feb 15, 08 @ 11:29 am:
A man’s gotta do what a man’s gotta do.
Madigan has to try to curb blago.
blago has to thumb his nose at everybody.
- A Citizen - Friday, Feb 15, 08 @ 11:34 am:
Requiring the bill to include detailed specifics of implementation and operation will add a tremendous amount of work to drafting the bills. Good! Not all bills become laws but all bills will have to be developed to the point they could be implemented. That alone should cut down on the number of bills introduced. Should be able to meet the end of session deadline easily. As to curtailing the guv - from what? He does not have the authorities he tries to exercise. An added benefit will be the cost savings in lawsuits against his actions that will be avoided. Madagin’s on the right path here. Great display of a common sense approach to controlling the erratic behavior of a known megalomaniac!
- GoBearsss - Friday, Feb 15, 08 @ 11:44 am:
I can’t wait until they start setting the names of project managers, meeting times, organizational charts and website language into legislation.
That will be fun.
- Skirmisher - Friday, Feb 15, 08 @ 12:35 pm:
This does not necessarily spell gridlock, but it will take us back 25-30 years to the days when a great deal more thought and wordsmithing was necessary in legislative enactments. The JCAR process alowed legislation to be much less specific than in former times, but it also had the unhappy effect of allowing the General Assembly to cobble together very vague or rather very general legislation at the last possible moment and then deal with the specifics through the rulemaking process. Now a great deal more thought and effort will have to go into legislative language to make the intent (and the limits) of the legislation quite clear. There will still be a need for administrative rules, but not quite so much interpretation will be left up to the devices of the agency rulemakers and to JCAR. In any case, the Governor has effectively trashed the old system under which we have worked for many years and now we will simply must revert to the old system. From the viewpoint of everyone except those legislators who prefer to be purposefully vague and nonspecific, this has the potential of improving the process in that it will almost certainly increase the level of public scrutiny on everything that comes out of the General Assembly. In any case, Madigan doesn’t need new legislation to accomplish this. He can simply halt any enactment that is not sufficiently detailed in specifying how it is to be implemented.
- Rich Miller - Friday, Feb 15, 08 @ 12:39 pm:
===This does not necessarily spell gridlock===
It does if the Senate rejects the idea and MJM refuses to budge.
- Captain America - Friday, Feb 15, 08 @ 1:02 pm:
One can only hope that a compromise can be struck: Governor A agress to comply with established JCAR processes instead of governing by fiat. Otherwise, I find myself of the uncomfortable postion os siding with the most rational member of the three tops, Mike Madigan, again. Legislative authoization and appropriation Should precede program implementation/execution by a Governor.
I’m not partiularly opitmistic that a reasonable compromise will be struck by the three tops. More gridlock seems inevitable if Jones keep enabling Blago’s excesses. Senator Jones - It’s ok to hate Madigan if you must, but it’s not ok to enable an unidicted coconspirator and likely future felon.
- GoBearsss - Friday, Feb 15, 08 @ 1:09 pm:
Does this mean legislators will actually have to start reading bills, now?
- Rich Miller - Friday, Feb 15, 08 @ 1:14 pm:
No
- wordslinger - Friday, Feb 15, 08 @ 1:29 pm:
Appropriate, given the executive’s overreach.
Lawmakers on the state and national levels need to do more to protect their constitutional powers from executive abuse.
- Southern Right - Friday, Feb 15, 08 @ 1:42 pm:
Another 3 years to go. I rarely find myself in support of any Chicago politician. I’m really in favor of most of Madigans work. The exception being getting a capital bill going. Can’t let the Governor get any ribbon cutting PR. This extra words on these bills will save taxpayers millions from the little emporer.
- shermans ghost - Friday, Feb 15, 08 @ 3:14 pm:
Considering the accomplishments in the last few years, I don’t see gridlock as much of a negative. (said on slightly tonque-in-cheek)
- overkill - Friday, Feb 15, 08 @ 4:01 pm:
This is overkill on Madigan’s part. The solution is to put more details into legislation, or give the authority to the executive to implement through rulemaking with public input. The back and forth between the executive and JCAR is not necessary if the legislation is written carefully the first time around.
- IncrediblyDumberThanYouThink - Friday, Feb 15, 08 @ 4:33 pm:
Southern Right:
The capital bill is ready to go
The gamblers, Blaggodiot and his allies seem a little queasy because they will need to pay more for the windfall and take a little more oversight; but no big deal.
Just tell Tom Cross & the SockPuppets to vote for the bill they negotiated with Madigan last year.
Blowhard Bill Countdown clock 10 months, 27 days and 19 hours and 27 minutes.
- Squideshi - Friday, Feb 15, 08 @ 4:42 pm:
I think Madigan is going about this in the wrong way. Yes, Blagojevich has abused the administrative rule process, in my opinion; however, the solution is to strengthen JCAR–not put a special provision, like this, into each and every bill.
- Rich Miller - Friday, Feb 15, 08 @ 4:43 pm:
Squid, you’re wrong. The GA did strengthen JCAR and the governor signed the bill into law. Then he said JCAR meant nothing and ignored the law he signed.
- Mr. Wizard - Friday, Feb 15, 08 @ 7:46 pm:
Society and government (including the GA) exists only only on a thin edge of civility, with the implied assumption that everyone will essentially play by the rules. We are seeing it crumble, in IL and elsewhere. There is no “legal” or “political” solution to this problem. Both sides can trot out any reason to obstruct the other. The next 3 months will be interesting.
On the other hand, as any staffer knows, anything that shrinks the number of bills introduced would be more than welcome.
- Anonymous - Sunday, Feb 17, 08 @ 9:01 pm:
It is an election year, and Madigan is getting his fellows together to take a public stand against a very unpopular governor. Blagojevich will be an issue this Fall if he takes Madigan’s bait and Rod will lose if he chooses to fight.
The pressure will be on Jones to decide if he wants to stick with Blagojevich or turn a deaf ear. Madigan’s strategy innoculates Jones slowly, so that Emil can back away from the Governor.
The pressure will also be on the Senate Majority Leader who is running for Congress this year. If Jones fights Madigan over this and gridlocks the General Assembly, then Baldermann has new proof that Halvorson is a part of the problem in Springfield, not a solution for Washington. Jones owes Halvorson for her loyalty and I think he will attempt to defuse this Madigan bomb by turning away from Blagojevich this summer.
We’ll see. Madigan is on the right attack with this. The General Assembly will not want another year of gridlock and the pressure will be on the Senate and Blagojevich to avoid losing another year.
- boogie - Tuesday, Feb 19, 08 @ 11:13 am:
when is the capitol bill along with gaming bill up for a damn vote already? us people upwards in the state that are struggling to make ends meet, would like to know. and we are sick and damn tired of the games. get real people. you all sound like a bunch of whiners. namely the gov and madigan. we want results not bs!