City kids
do not know the rules about corral gates, or so I
learned in vet school while on call to a dairy farm.
We five vet students followed the clinician across
the driveway to the big corral gate leading to the
dairy barn. Wired to the top pipe was a handmade
metal sign which read, “KEEP OFF THE GATE—VET
STUDENTS TOO.” I am uncertain as to how this rule
was enforced, but based on the bold font; I figured
the dairy farmer meant it. On the trip back to the
university, I explained the gate swing-versus-sag
rule to my city-kid colleagues in case they ever saw
a gate without a sign. It is important to know the
rules.
Our constitutional republic is a nation of rules
enacted after securing the consent of the governed.
This unique American experiment in freedom and
self-governance has bestowed more good upon humanity
in our short 236 years than the cumulative effort of
all the world’s other governments. In times of
turmoil, these rules have served us well as
demonstrated in Montana’s Senate Chamber on Friday,
April 4th. Here is the story from the beginning.
Montana enacted same-day voter registration rules in
2005. Treasure State Democrats have masterfully used
this rule to pad victories by bussing loads of
will-work-for-food constituents and college students
to the polls. Republicans scream, but those are the
rules. Since 2005, Montana Republican legislators
have repeatedly attempted to change the closing date
of voter registration to the Friday prior to the
election. In addition to lessening Election Day
chaos, this could weaken the electoral advantage the
Democrats gained in 2005. Every legislative effort
has been either repulsed by Democrats controlling
the opposing chamber or been vetoed by the Democrat
governor. The Republicans scream, but those are the
rules.
During this 63rd legislative session, Senate
Republicans passed referendum SB405 again changing
the registration deadline to the Friday before
Election Day. As a referendum, this decision will
bypass the governor’s veto and go direct to a vote
of the people. Because Republicans control both
legislative chambers, success is likely and this
makes the Democrats scream, but those are the rules.
SB405 was up for its third and final vote on Friday,
April 4th; the day of a looming transmittal
deadline. It either passed from the Senate to the
House on Friday, or it was dead legislation.
Senate Democrats knew they could not stop SB405 with
votes, so they arranged for one of their members,
Senator Augare, to be absent and made plans to make
a motion for a “Call of the Senate” when their
chamber convened. This puts the Senate in a lockdown
mode until the missing Senator could be found and
forcibly delivered to the chamber. This would run
out the clock on the 71st legislate day thereby
killing SB405 without a vote. The Senate Republicans
screamed, but those are the rules.
Senate Republican leadership recessed, strategized,
and conferred with legislative legal staff for
possible options. Senate President Essmann
re-convened the session, verbally opened and then
skimmed through the “Motions” section of the agenda
without calling on the Democrat Floor Leader Sesso
who was frantically waving his microphone so as to
move a “Call of the Senate”. Under Mason’s Rules,
the chair of every meeting has the prerogative of
recognizing who may speak, so President Essmann
simply did not recognize Senator Sesso. The Senate
Democrats screamed, but those are the rules. SB405
quickly passed third reading 28-0 and is now headed
to the House. Montana voters will likely see it on
their next ballot, so ultimately they will decide if
the Friday before Election Day is the proper
deadline for voter registration. Here is my point.
America’s founders established a phenomenal system
of organized checks and balances. Disputes,
discussions and debates may appear chaotic when
viewed from the outside, but those are the rules.
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