| We love irony, so how delicious to see the | | | | state constitution says it can't. |
| government class end up on the wrong end of | | | | There is little pressure to amend the federal |
| the "Don't Put that in Our Sacred Constitution" | | | | constitution, then. The federal government is |
| argument. | | | | always figuring out ways to expand its power. |
| For those not fortunate enough to live in Oregon, | | | | For those seeking to thwart the state |
| supporters of using a huge increase in the state's | | | | government, however, amending the state |
| cigarette tax to fund expanded health care for | | | | constitution is often the most efficient way to |
| children lacked the votes in the 2005 Legislature | | | | achieve a short-term, political objective. |
| to pass a statute, but, had the votes to put | | | | Indeed, the reason the Democrats in the 2005 |
| Measure # 50 - a constitutional amendment - on | | | | Legislature couldn't get enough votes to enact the |
| the 2007 ballot. | | | | cigarette tax increase by statute dates back to |
| That's ironic because it's usually the government | | | | 1996 and Ballot Measure 25. That initiative, |
| class using the "Not in the Constitution" argument | | | | approved by 54 % of the voters, required that |
| to defeat constitutional amendments that would | | | | three-fifths (3/5) of the legislature approve of |
| cause them grief, usually limiting their power to | | | | any new taxes. |
| raise taxes. | | | | Since it only took a simple majority to refer the |
| "Tax policy is too transitory and political to be set | | | | constitutional amendment to the ballot, and, since |
| by constitutional amendments which can only be | | | | water flows down hill, the tax supporters grabbed |
| changed by a subsequent vote of the people," | | | | at the best option they could see and, hence, the |
| they argue. "Constitutions should be reserved for | | | | futile attempt to put a specific product tax in |
| long-term statements of principle." | | | | Oregon's Constitution. |
| This ignores the fact that Oregonians have | | | | This pressure to monkey with Oregon's |
| amended their Constitution over 200 times since | | | | Constitution offers no real concern for two (2) |
| 1902. | | | | reasons: |
| Back to Ballot Measure 50, the 2007 measure | | | | 1) The fact that Ballot Measure 37 - a statutory |
| that would have put the cigarette tax in Oregon's | | | | initiative rewriting Oregon's hallowed land-use rules |
| Constitution. | | | | - kept the legislature tied up in knots for a |
| Like water over Niagra, money poured into the | | | | number of years should be a clue to the |
| state to defeat the proposal. | | | | malcontents that the easier task of initiating |
| Big tobacco spent many millions to defeat the | | | | statutes is sufficient to really mess with the state |
| measure. One of their main selling points: | | | | government; and, |
| Constitutions are sacred documents, and, shouldn't | | | | 2) America is a federal system. It wasn't always |
| be soiled with the muck of politics. | | | | true, but, because of developments in federal law |
| This notion that even state Constitutions should | | | | over the last 100 years, most federal |
| be revered and elevated high above the political | | | | constitutional claims can be brought in state court, |
| fray betrays an understandable confusion about | | | | and, the federal courts can void most any state |
| state constitutions, in particular, and, the evolution | | | | law. |
| of federalism, in general. | | | | So, even though the Oregon Constitution can be |
| Most important is the fact that the federal | | | | easily amended, the basic guarantees of the |
| Constitution is a grant of power - the federal | | | | federal Constitution - most importantly the Bill of |
| government can do only what the federal | | | | Rights - remain available to Oregonians. |
| Constitution says it can - while Oregon's | | | | Not even changes in the state Constitution can |
| Constitution is a limit on power - the state | | | | take those away. |
| government can do anything it wants, unless the | | | | |