Thread by @SCLiedel

Yesterday's action by the minority in the Michigan Senate to adjourn the body early seems to be at least 3 things:

(1) anti-constitutional;
(2) anti-majoritarian; and
(3) counter-productive.

#MIGov #mileg

1/

The People of Michigan, through their constitution, vested authority to preside over the Michigan Senate in a single officer:

the Lieutenant Governor (who is the president of the Senate).

This constitutional directive has been explicitly recognized in Senate Rule 1.101.

2/

The Senate (by majority vote) may adopt rules governing its procedure, but those rules must not be inconsistent with the constitution and are subject to constitutional limitations.

Senate Rule 1.101 provides that:

(1) the Lt. Gov is the Senate president; and

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(2) that the Lt. Gov. "shall shall preside over all sessions of the Senate".

That would be ALL sessions, including those sessions where members of a minority might want session presided over by someone other than the officer constitutionally charged with the responsibility.

4/

Given this is a constitutional function, and the Senate Rules mandate that the Lt. Gov preside, Senators with a motion or other business seeking to act constitutionally should always ask, is the Lt. Gov. available, willing, and able to preside over the business?

5/

Senate Rule 1.101 then provides if the Lt. Gov is "absent, the President pro tempore, Assistant President pro tempore, or Associate President pro tempore shall preside.".

Others preside only if the Lt. Gov. is "absent".

6/

So if the Lt. Gov. is in the chamber, near the chamber, or in the building, the default should be that he is the presiding officer consistent with the constitution.

A Senator or group of Senators evading that & avoiding the Lt. Gov. are evading the constitution.

7/

Failing to do so is disrespectful of the constitution, the office of Lt. Gov., and in this instance @LtGovGilchrist.

It's also inconsistent with the 2010 adjournment motion made by the then-minority leader, which was presided over by the constitutional officer--the Lt. Gov.

8/

The adjournment yesterday by a minority of senators also is anti-majoritarian / anti-democratic.

A majority of the senators elected had intended to take action to alter the Income Tax Act of 1967.

The action by the minority delayed that action.

9/

Arguably, adjournment was inconsistent with provisions of Mason's Manual of Procedure adopted by reference by a majority of the Senate in Rule 2.205.

Under Mason's Rule 202, a motion to adjourn is not in order for "dilatory purposes" or during committee of the whole.

10/

Under Sec. 204 of Mason's, the presiding officer cannot arbitrarily adjourn a meeting.

And legislative body determines when they adjourn. A legislative body is governed by a majority.

11/

"The motion to adjourn is particularly subject to abuse and the presiding officer should refuse to entertain in when used for obstructive purposes."

Mason's Sec. 209.

12/

"Whenever the presiding officer attempts to thwart the purpose of the office, the power resides in the assembly to pass the presiding officer by and proceed to action otherwise."

Mason's Sec. 576.

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"Under ordinary conditions, the authority of the presiding officer is derived wholly from the body itself. The presiding officer is the servant of the body to declare its will and to obey its command."
Sec. 578

The presiding officer serves the body, not a minority.

14/

"A presiding officer who has been elected by the house may be removed by the house upon a majority vote. . ."

Sec. 581.

15/

Legislative rules assure that will of the majority is effectuated:

"It is necessary that every deliberative body be governed by rules of procedure in order that the will of a majority of its members may be determined and revealed in an orderly manner."

Mason's Sec. 1.

16/

"The great purpose of all rules and forms says Cushing, is to subserve the will of the assembly rather than to restrain it; to facilitate and not to obstruct the expression of its deliberate sense."

Mason's Sec. 1.

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So, adjourning a legislative body inconsistent with the will of the majority of the body is anti-majoritarian.

18/

Finally adjourning the Senate in contravention of the majority's wishes is counterproductive.

If as a member you want to accomplish something for your constituents, you can only do so with the support of a majority of the body.

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It's also inconsistent with a fundamental lesson that many learned in kindergarten.

When things don't go your way, you don't pick up your ball and go home.

#MIGov #mileg

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