THE LEGISLATIVE BRANCH

There is always a great deal of power in any legislature, but the Rhode Island legislature is constitutionally endowed with power that makes it even more powerful than most. This power largely comes at the expense of the Executive branch of government and derives from the way the Rhode Island Constitution was formulated.

That being so, the legislative branch can and does impact Rhode Islands general welfare in ways that may be somewhat foreign to most other states. While we do have a three branched government, the roots in our legal history do not make it similar to the way we normally consider a three branched government such as the federal government of the United States.

It is not that it is completely different, but the subtle differences make a large difference when governing. A weak Executive branch must make far more concessions to the governing legislature and as a result, clear and decisive policy is often the victim.

In Rhode Island the biggest function of the legislative branch is the approval of the budget. This budget is prepared and submitted by the Governor, but the two chambers of the legislature, and especially the House, have great control over it due to the need for it to be approved by that branch.

While I am not commenting on the separation of power it provides in a setting that has a viable two party system, the Rhode Island political landscape is largely one sided with much of the power concentrated in the Democrats. A century ago the same situation appeared in the reverse with a concentration of power in the Republicans. In both cases, this is not a healthy environment for a three branch government.

The legislature is controlled by the whim of the people in a manner that is far less accountable on the whole. That being so when the legislature spends money on policy it does so without full accountability. This has led to much of the fiscal problems related to the Rhode Island economy.

The legislature has the power to tax. A governor has a power to veto. But in Rhode Island there is no line item veto and so the governor must accept the packaged budget whole or reject it whole. This means that the governor has little say in what gets funded, excepting, of course, any recommendations that might occur in the budgetary preparation process.

The legislature is ruled by special interests and lobbyists. That is the nature of the beast. The think otherwise or to even consider arguments that such influence is trivial is sheer folly. Money for political campaigns comes from lobbyists. Lobbyists in turn stalk the legislature. Power is measured in money and voting block support.

The legislature in Rhode Island has steadfastly refused to give power to its citizens through the voter initiative process. Voter initiative is staunchly opposed by voting blocks that already have a lobbying interest in the legislature. Coincidence? I personally think not.

Still, the legislature has the power. The power to write law is a power to control the population. The overuse of the power borders on tyranny. The fact that law is being used on a regular basis to control the personal behaviors of Rhode Islanders is appalling, but until the people take action, there is little hope for change.

In the future I will attempt to expand on the areas set forth above. I will try to discuss ways that would make the system more responsive to the people. I will try to add to the thoughts on voter initiative. And I will speak to the entrenched lobbying interests that make Rhode Island politics so warped.