You might have missed it in the news this week, but Maryland’s Board of Public Works had to approve two settlement payments related to lawsuits related to laws passed by the Maryland General Assembly.
In the span of two years, Democrats in the General Assembly violated both the First Amendment and the Commerce Clause. Sadly, all involved were expressly told that the bills were unconstitutional before they ever passed. Lawyers, activists, and fellow legislators testified to that fact.
But they passed the bills anyway.
What’s worse is the fact that the legislators who knowingly passed these unconstitutional laws face no consequences for their actions. The $450,000 for the settlement regarding generic drugs came from the Department of Health and the Office of the Attorney General. The $400,000 for settling the political ads suit comes from the Maryland State Board of Elections, who could probably really use that money to help prepare for November’s General Election
$850,000 of taxpayer money gone. And all because Democratic members of the General Assembly insisted on passing legislation they knew to be unconstitutional.
So I have a modest proposal. Instead of forcing agencies to pony up the money to cover the cost of legal proceedings, settlements, and award money related to unconstitutional laws passed by the General Assembly, maybe it’s time to make the legislators pay. So here’s a modest proposal:
Sponsors of legislation found to be unconstitutional will be personally liable for 25% of the state’s legal costs. A sponsor who is liable for the costs can include the Governor if the bill is an administration bill, a department head if it is a departmental bill, or a county delegation if it is a local bill. The costs will be equally divided among co-sponsors of the legislation.
A Governor who signs a piece of legislation found to be unconstitutional will be personally liable for 5% of the state’s legal costs.
Any legislator who votes for a piece of legislation found to be unconstitutional will be personally liable for a pro-rated portion of the remaining 70% of the state’s legal costs.
A legislator, Governor, or department head still in office or still employed by the state will have their pay withheld until they have repaid their debt to the state.
A legislator, Governor, or department head who has left office or is no longer employed by the state will be sent a bill with payment-in-full due to the Department of the Treasury within 30 days.
The period of liability will last only for the first five years after the legislation goes into effect.
I’m not naive enough to believe that legislators would ever agree to these changes. The same legislators who have already chosen to knowingly pass unconstitutional legislation without fear of punishment would never agree to put themselves at risk. But can you imagine the difference in legislating if people actually had to face consequences for their actions?
You would see a drastically different level of legislation passed in Annapolis. You would see higher quality legislation in total, bad legislation would be less likely to pass, and legislators would (hopefully) more reasonable in the ideas they bring forth for consideration or even vote for.
These changes will never happen, but we need to continue to call out legislators and state officials who champion bad legislation with no fear of facing any consequences for it.