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It’s the process that matters!
As a Republican Legislator in Massachusetts, many times my point of view does not prevail. Our efforts to increase local aid, strengthen our criminal justice system and keep taxes low are often overridden by the Majority Party. As a political party in this blue state, my GOP often complains about abuses of the legislative process, but it is not only conservative proposals that face the procedural abuses of the Beacon Hill political culture. A proposed health care Constitutional Amendment which would guarantee “comprehensive, affordable, and equitably financed health insurance coverage” for all state residents was not allowed to continue through the process and reach the voters. Let me be clear, I oppose universal health care, but the underlying issue is not the point of this story. It is the integrity of the process itself that most concerns me.
Supporters of the proposed amendment followed the rules and collected enough signatures to put the question before their representatives and senators. During the first vote on the question, ninety-two members voted in favor. If allowed to come to the floor again, the amendment needed the approval of just one-quarter of the Legislature or fifty affirmative votes on a second vote to be placed on the ballot. Unfortunately, when the proposed amendment came back to the Constitutional Convention for the required second vote, there would be no vote at all, and the question died. Despite the fact the Constitution requires a formal “yes” or “no” vote those who control the process choose simply not to honor the plain meaning of our State Constitution.
The Committee for Health Care for Massachusetts who was the driving force behind the proposed amendment filed a lawsuit. The complaint asked the Massachusetts Supreme Judicial Court to consider the ninety-two votes from the first vote as votes in favor of the amendment during the first required vote was adequate to place it on the ballot in November of 2008. While the Massachusetts high Court rejected the request, the Court noted that this was the second time in the past three years legislators failed to uphold their Constitutional duty to vote on a proposed constitutional amendment after citizens had obtained the required signatures.
This question was brought forward by the people of the Commonwealth under Article 48 of the Massachusetts Constitution, and just like other issues, the rights of the people of Massachusetts to redress their government had been denied and apparently there is no remedy. From my point of view and as declared by our Supreme Judicial Court, not casting a vote on a proposed constitutional amendment is not consistent with the intent and plain meaning of Article 48. The signers of these petitions have a right to have a vote, and once again this right has been denied.
Article 48 also provides the necessary protections against potential abuses of special interest groups or corrupt individuals to invalidate the acts by their elected representatives in the Legislature. From my perspective, Article 48 is a brilliant addition to the personal rights of the citizens as it reinforces other Constitutional protections established by our Founders, including the separation of powers between the branches of government, frequent elections of legislators and the ability to impeach a governor.
Wherever you stand on this issue, you should be extremely concerned that the initiative petition process is being ignored by many of your elected officials. This is a dangerous precedent being set by your government, and I am fearful what abuse of the democratic process may be next.
I welcome your comments on this issue or any other matter dealing with your State Government. Please feel free to call my District Office at 508-888-2158 or e-mail me at electjeffperry@aol.com.
Jeffrey D. Perry
R- 5th Barnstable District
Office Hours
In an effort to be available to his constituents, State Representative Jeffrey Davis Perry (R-Sandwich) has established a District Office to meet with concerned citizens of the 5th Barnstable District. Representative Perry or an aide will be holding the following regular office hours each week:
1st Friday: |
9:30am - 11:00am |
West Barnstable Fire Station |
2nd Friday: |
9:30am - 11:00am |
Bourne Town Hall |
3rd Friday: |
9:30am - 11:00am |
Barnstable Senior Center |
4th Friday |
9:30am - 11:00am |
Mashpee Town Hall |
All Fridays: |
2:00pm - 4:00pm |
Sandwich Office |
Evening appointments or home visits are also available upon request and Representative Perry urges you to contact him at either his Sandwich or Boston office at:
State House Information
Representative Jeffrey Perry
Beacon Hill
State House, Room 136
Boston, MA 02133-1054
Phone: (617) 722-2800 x8743
Fax: (617) 722-2819
Email: Rep.JeffreyPerry@hou.state.ma.us
District Office Information
Representative Jeffrey Perry
449 Route 6A
Post Office Box 1435
Sandwich, MA 02563
Phone: 508-888-2158
Fax: (508) 888-1179
Email: ElectJeffPerry@aol.com
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Legislative Tracking System
