The Problem of Power: Is this Amendment the Solution?
By Claire Aldridge
On the back of the ballot in the 2022 Kentucky General Election, there will be two amendments for vote. The first is one that is not often discussed. The amendment aims to control the power of the governor with regard to legislative sessions. During Covid-19, many were frustrated by the mandates imposed by Governor Beshear, along with the inability of the House and Senate members to do anything about it because they were out of session. The amendment seeks to solve the problem by repealing Sections 36, 42, and 55 of the Kentucky Constitution.
Before discussing the results of repealing those sections, a brief summary of how Kentucky’s legislature works is needed. On odd numbered years, the General Assembly has thirty legislative days during which they can vote and pass laws[1]. The legislative session is then required to end by March 30th [2]. On even numbered years, the General Assembly has 60 legislative days during which they can vote and pass laws[3]. The required end date is April 15.[4] When they are out of session, there are still meetings and committees that continue to work and prepare for the next legislative session. According to the Kentucky Constitution, currently, in order to have a special session, the Governor must be the one to call the General Assembly into session as well as approve and set the agenda.[5]
What the amendment will do:
The amendment will remove the required end dates for legislative sessions. Instead, the legislature can “. . . establish by general law or joint resolution the date the regular session shall end.”[6] Ultimately, the legislative session must end by December 31st and the General Assembly can spread out their 30 or 60 legislative days as desired.[7] The amendment will also allow the Speaker of the House and the President of the Senate to call the General Assembly into a special session for no more than twelve days each year and to set the agenda without the Governor.[8] These changes may sound wonderful, but are they beneficial in the long run?
Interestingly enough, there are a few states that do not place a limit on the legislative end date. “Currently only 11 states do not place a limit on the length of regular session. In the remaining 39, the limits are set by constitution, statute, chamber rule, or indirect method.”[9] The eleven states that impose no limit are Idaho, Illinois, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Vermont, and Wisconsin.[10] It seems that the majority of the states view a limitless end date as a bad practice.
Without a set legislative end date of March 30th on odd years and April 15 on even years, the General Assembly could meet for a few days every month. This would allow their committees to get things voted for and passed all year long. Instead of being limited to a part-time legislature, it would begin to look more like a full-time legislature.[11] Is that best for Kentucky? Will this amendment decrease the overreaching power of the governor at the expense of creating a bigger government?
In addition, only five states give the ability to call a special session to the Speaker of the House and President of the Senate.[12] Most require a “joint resolution” of all members to call for a special session.[13] Perhaps this is because power is more equally balanced when many members agree to have a special session instead of two people alone being the only ones needed to make the decision.
November 8th:
Kentucky voters have to ask if this amendment will be beneficial in the future. The truth is, Governor Andy Beshear will not be the Governor of Kentucky forever. This amendment may work well while he is in office, and while there is a Republican super-majority in the House and Senate, but what would be the outcome if the roles were reversed? What would it look like if Kentucky had a Republican Governor, but a Democratic supermajority in the House and Senate? If that was the case, the Speaker of the House and the President of the Senate would be Democrats. The Democrat-leaning legislature would be able to meet without end date limitations. They could spread out their allotted 30, or 60 days over the entire year if so desired. During this time, they would constantly be able to vote and pass pieces of legislation. The Speaker of the House and President of the Senate would also be able to call a special session and set the agenda, without the Governor. What power would the Governor then have to counteract their actions? He does have veto power; however, the legislature can override the Governor’s vetoes by a majority vote in both chambers[14]. If the roles were to be completely reversed, the Democrats would be able to override the Republican Governor’s vetoes. Furthermore, without a set end date, the legislature would be able to meet and do so when needed.
In conclusion:
It must be asked; will this amendment potentially reign in big government or create a greater government? Perhaps this amendment is not the best way of combatting some of the excessive power that the Governor holds, especially during times of emergency, like Covid-19. Perhaps the answer is to scrutinize the laws that give the Governor so much power during times of emergency and repeal some of them. Many Kentuckians may be upset at Governor Beshear. To many, this amendment may look appealing and may seem to be a safe answer. But is it a safe and beneficial solution? Is the increase of governmental power ever a good idea? Why do not more states follow a similar course as outlined in the new amendment? Should Kentucky voters vote “Yes,” or “No”?
Works Cited
Cooperrider, Andrew. “The Amendments Explained.” Podcast video. YouTube, September 20, 2022. https://www.youtube.com/watch?v=SOO5xKJU4mQ&t=1165s.
Kentucky General Assembly. “Constitution of Kentucky.” https://apps.legislature.ky.gov/law/constitution.
_____. https://apps.legislature.ky.gov/lrcsearch.
Legiscan. “Kentucky House Bill 4.” https://legiscan.com/KY/text/HB4/2021.
National Conference of State Legislatures. “Legislative Oversight of Emergency Powers.” June 14, 2021. https://www.ncsl.org/research/about-state-legislatures/legislative-oversight-of-executive-orders.aspx.
________ “Legislative Session Length.” July 1, 2021. https://www.ncsl.org/research/about-state-legislatures/legislative-session-length.aspx.
1998, Acts ch. 26, sec 1, 39A.010. (1998). https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=21694.
1998, 39A.100. (1998). https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52714.
[1] “The Amendments Explained,” podcast video by Andrew Cooperrider, September 20, 2022, https://www.youtube.com/watch?v=SOO5xKJU4mQ&t=1165s.
[2] K.Y. Const. Section 42.
[3] “The Amendments Explained,” podcast video by Andrew Cooperrider.
[4] K.Y. Const. Section 42.
[5] “The Amendments Explained,” podcast video by Andrew Cooperrider.
[6] “KY HB4 | 2022 | Regular Session.” March 22, 2022 LegiScan. Accessed September 25, 2022. https://legiscan.com/KY/bill/HB4/2022.
[7] “The Amendments Explained,” podcast video by Andrew Cooperrider.
[8] Representative Michael Meredith, email message to author, September 19, 2022.
[9] “Legislative Session Length,” National Conference of State Legislatures, July 1, 2021, https://www.ncsl.org/research/about-state-legislatures/legislative-session-length.aspx.
[10] Ibid.
[11] “The Amendments Explained,” podcast video by Andrew Cooperrider, September 20, 2022, https://www.youtube.com/watch?v=SOO5xKJU4mQ&t=1165s.
[12] Senator Adrienne Southworth, email message to author, September 19, 2021.
[13] “Legislative Oversight of Emergency Executive Powers,” National Conference of State Legislatures, June 14, 2021, https://www.ncsl.org/research/about-state-legislatures/legislative-oversight-of-executive-orders.aspx.
[14] Kentucky General Assembly. https://apps.legislature.ky.gov/lrcsearch.