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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-21-08 03:48 PM
Original message
Opinions on the "Frankenstein veto" bill?
Edited on Fri Mar-21-08 04:14 PM by undeterred
'Frankenstein veto' vote may have far-reaching implications
David Callender — 3/21/2008 7:15 am

It hasn't drawn nearly as much attention as this spring's nasty state Supreme Court race, but a proposed constitutional amendment on the April 1 ballot could have even more far-reaching effects.

Voters are being asked to consider an amendment to rein in the governor's ability to rewrite budget bills — and potentially to create new legislation that lawmakers never considered — through the use of the veto pen.

Under the amendment, the governor would be banned from stringing together words from different sentences to create a new sentence. The governor could, however, still strike out individual words within a sentence to change its meaning and could still rewrite budget numbers to raise or lower spending within a budget.

Sponsors of the amendment say it would help to rid the state of the so-called "Frankenstein veto," in which governors have stitched together words across pages of budget language to form new sentences.

For supporters of the amendment, the most extreme example of the "Frankenstein veto" came in 2005 when Democratic Gov. Jim Doyle crossed out more than 700 words in the budget bill to shift $330 million from the state's transportation fund to local school aids.

Doyle's move thwarted efforts by majority Republicans in both houses to box him into the politically unpalatable position of forcing schools to make huge program cuts or raise property taxes. Doyle argued that his veto pen saved both taxpayers and local schools; lawmakers were unable to muster the two-thirds vote needed to override the veto.

Although Doyle, as attorney general, criticized Republican Gov. Tommy Thompson's use of the partial veto during the 1980s and 1990s, Doyle has said that as governor he now understands the need for it as a counterbalance to the Legislature.

While Doyle's spokeswoman Jessica Erickson maintained that the governor has no official position on the amendment, she added that the veto power "has been an important check on the Legislature" when it has "gone to extremes" in spending or cutting vital programs.

Most of the impetus for the amendment has come from Republican lawmakers, but one of the co-sponsors of the measure is Democratic Sen. Tim Carpenter of Milwaukee.

Carpenter said he supports the amendment because "it's a good government reform issue. It's institutional, not partisan."

Carpenter acknowledged that pushing through such a proposal when a Democratic governor is in power might not have earned him brownie points with Gov. Jim Doyle or some of his Democratic colleagues. But, he said, "it's not meant as a personal attack on Gov. Doyle."

Carpenter said the current veto powers allow any governor — Democrat or Republican — "to create law by veto and I don't think that's what the balances of the three branches should be."

He predicts the referendum will pass easily, though he concedes that public discussion of the proposal has been eerily quiet.

"I worry a lot of people won't know it's on the ballot," he said, but added that he was cheered to see it was prominently displayed on the absentee ballot he recently cast.

One of the most persistent critics of the partial vetoes, however, warns that the constitutional amendment won't do all its sponsors promise because the governor will still be able to rewrite individual sentences.

"It's a terrible amendment," said Madison attorney Fred Wade, who led efforts in the 1980s to strike down the partial veto as an unconstitutional infringement by the governor on the Legislature's power to make laws. "It's gibberish."

Wisconsin voters gave governors the partial veto power in the 1930s, when the state budget was consolidated from a series of bills that the governor could sign or veto individually into a single omnibus act.

But generally it wasn't until the 1970s and 1980s when governors began to get creative with their veto powers, which included striking out individual letters to form new words and sentences, he said.

Voters approved an amendment in 1990 to eliminate the so-called "Vanna White veto," named for the letter-turner on the "Wheel of Fortune" TV show, but left the partial veto intact otherwise.

Wade warned that because of the gaps in the language in the current amendment, even if voters approve the amendment on April 1, "we're going to have to do this all over again."

'Frankenstein veto' vote may have far-reaching implications
David Callender — 3/21/2008 7:15 am

It hasn't drawn nearly as much attention as this spring's nasty state Supreme Court race, but a proposed constitutional amendment on the April 1 ballot could have even more far-reaching effects.

Voters are being asked to consider an amendment to rein in the governor's ability to rewrite budget bills — and potentially to create new legislation that lawmakers never considered — through the use of the veto pen.

Under the amendment, the governor would be banned from stringing together words from different sentences to create a new sentence. The governor could, however, still strike out individual words within a sentence to change its meaning and could still rewrite budget numbers to raise or lower spending within a budget.

Sponsors of the amendment say it would help to rid the state of the so-called "Frankenstein veto," in which governors have stitched together words across pages of budget language to form new sentences.

For supporters of the amendment, the most extreme example of the "Frankenstein veto" came in 2005 when Democratic Gov. Jim Doyle crossed out more than 700 words in the budget bill to shift $330 million from the state's transportation fund to local school aids.

Doyle's move thwarted efforts by majority Republicans in both houses to box him into the politically unpalatable position of forcing schools to make huge program cuts or raise property taxes. Doyle argued that his veto pen saved both taxpayers and local schools; lawmakers were unable to muster the two-thirds vote needed to override the veto.

Although Doyle, as attorney general, criticized Republican Gov. Tommy Thompson's use of the partial veto during the 1980s and 1990s, Doyle has said that as governor he now understands the need for it as a counterbalance to the Legislature.

While Doyle's spokeswoman Jessica Erickson maintained that the governor has no official position on the amendment, she added that the veto power "has been an important check on the Legislature" when it has "gone to extremes" in spending or cutting vital programs.

Most of the impetus for the amendment has come from Republican lawmakers, but one of the co-sponsors of the measure is Democratic Sen. Tim Carpenter of Milwaukee.

Carpenter said he supports the amendment because "it's a good government reform issue. It's institutional, not partisan."

Carpenter acknowledged that pushing through such a proposal when a Democratic governor is in power might not have earned him brownie points with Gov. Jim Doyle or some of his Democratic colleagues. But, he said, "it's not meant as a personal attack on Gov. Doyle."

Carpenter said the current veto powers allow any governor — Democrat or Republican — "to create law by veto and I don't think that's what the balances of the three branches should be."

He predicts the referendum will pass easily, though he concedes that public discussion of the proposal has been eerily quiet.

"I worry a lot of people won't know it's on the ballot," he said, but added that he was cheered to see it was prominently displayed on the absentee ballot he recently cast.

One of the most persistent critics of the partial vetoes, however, warns that the constitutional amendment won't do all its sponsors promise because the governor will still be able to rewrite individual sentences.

"It's a terrible amendment," said Madison attorney Fred Wade, who led efforts in the 1980s to strike down the partial veto as an unconstitutional infringement by the governor on the Legislature's power to make laws. "It's gibberish."

Wisconsin voters gave governors the partial veto power in the 1930s, when the state budget was consolidated from a series of bills that the governor could sign or veto individually into a single omnibus act.

But generally it wasn't until the 1970s and 1980s when governors began to get creative with their veto powers, which included striking out individual letters to form new words and sentences, he said.

Voters approved an amendment in 1990 to eliminate the so-called "Vanna White veto," named for the letter-turner on the "Wheel of Fortune" TV show, but left the partial veto intact otherwise.

Wade warned that because of the gaps in the language in the current amendment, even if voters approve the amendment on April 1, "we're going to have to do this all over again."

'Frankenstein veto' vote may have far-reaching implications
David Callender — 3/21/2008 7:15 am

It hasn't drawn nearly as much attention as this spring's nasty state Supreme Court race, but a proposed constitutional amendment on the April 1 ballot could have even more far-reaching effects.

Voters are being asked to consider an amendment to rein in the governor's ability to rewrite budget bills — and potentially to create new legislation that lawmakers never considered — through the use of the veto pen.

Under the amendment, the governor would be banned from stringing together words from different sentences to create a new sentence. The governor could, however, still strike out individual words within a sentence to change its meaning and could still rewrite budget numbers to raise or lower spending within a budget.

Sponsors of the amendment say it would help to rid the state of the so-called "Frankenstein veto," in which governors have stitched together words across pages of budget language to form new sentences.

For supporters of the amendment, the most extreme example of the "Frankenstein veto" came in 2005 when Democratic Gov. Jim Doyle crossed out more than 700 words in the budget bill to shift $330 million from the state's transportation fund to local school aids.

Doyle's move thwarted efforts by majority Republicans in both houses to box him into the politically unpalatable position of forcing schools to make huge program cuts or raise property taxes. Doyle argued that his veto pen saved both taxpayers and local schools; lawmakers were unable to muster the two-thirds vote needed to override the veto.

Although Doyle, as attorney general, criticized Republican Gov. Tommy Thompson's use of the partial veto during the 1980s and 1990s, Doyle has said that as governor he now understands the need for it as a counterbalance to the Legislature.

While Doyle's spokeswoman Jessica Erickson maintained that the governor has no official position on the amendment, she added that the veto power "has been an important check on the Legislature" when it has "gone to extremes" in spending or cutting vital programs.

Most of the impetus for the amendment has come from Republican lawmakers, but one of the co-sponsors of the measure is Democratic Sen. Tim Carpenter of Milwaukee.

Carpenter said he supports the amendment because "it's a good government reform issue. It's institutional, not partisan."

Carpenter acknowledged that pushing through such a proposal when a Democratic governor is in power might not have earned him brownie points with Gov. Jim Doyle or some of his Democratic colleagues. But, he said, "it's not meant as a personal attack on Gov. Doyle."

Carpenter said the current veto powers allow any governor — Democrat or Republican — "to create law by veto and I don't think that's what the balances of the three branches should be."

He predicts the referendum will pass easily, though he concedes that public discussion of the proposal has been eerily quiet.

"I worry a lot of people won't know it's on the ballot," he said, but added that he was cheered to see it was prominently displayed on the absentee ballot he recently cast.

One of the most persistent critics of the partial vetoes, however, warns that the constitutional amendment won't do all its sponsors promise because the governor will still be able to rewrite individual sentences.

"It's a terrible amendment," said Madison attorney Fred Wade, who led efforts in the 1980s to strike down the partial veto as an unconstitutional infringement by the governor on the Legislature's power to make laws. "It's gibberish."

Wisconsin voters gave governors the partial veto power in the 1930s, when the state budget was consolidated from a series of bills that the governor could sign or veto individually into a single omnibus act.

But generally it wasn't until the 1970s and 1980s when governors began to get creative with their veto powers, which included striking out individual letters to form new words and sentences, he said.

Voters approved an amendment in 1990 to eliminate the so-called "Vanna White veto," named for the letter-turner on the "Wheel of Fortune" TV show, but left the partial veto intact otherwise.

Wade warned that because of the gaps in the language in the current amendment, even if voters approve the amendment on April 1, "we're going to have to do this all over again."

http://www.madison.com/tct/news/278090

The whole thing sounds like a game to me- this will also be on the April 1 ballot and I'm just not sure how to vote on it. :shrug:

Edit: I just emailed my (Democratic) State Senator to ask his opinion on this - I think our legislators have time to respond to us before the election.
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sybylla Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-21-08 04:35 PM
Response to Original message
1. In the end, it's about balance of power
Should the legislative branch get to make the laws and enact a budget? Should the Governor merely be an administrator or should he get to "remodel" those laws with a partial veto to protect the citizens of Wisconsin from bad legislation?

It's all a matter of perspective - whether or not your party is in control at the time makes the line-item veto more or less palatable. There's a lot of things we would have had to do without if Governor Doyle couldn't line item veto the Republican Legislature's budgets and bills.

I'm told that this constitutional change passed the legislature with almost complete unanimity, but why not. It yanks back power from the executive branch.

And yet, the line item veto obscures responsibility for crappy lawmaking and budgeting. If the Governor only had two choices - sign the budget on the dotted line or veto the whole, who would have taken the blame for the bad budgets the Republican's keep trying to pass. How long would their lame asses have been warming seats in the legislature if the public knew the whole truth about what they have tried to do? If voters had to see the effects of programs slashed and school budgets decimated, but our glorious road builders got all the money they needed, maybe the Republicans would have been out on their ears long ago.

So, yeah, how do you decide which way to vote. :shrug: Beats me.
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ewagner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-21-08 05:06 PM
Response to Original message
2. I hated it
when Tommy used it and I suspect that someday the people of Wisconsin will be stupid enough to elect another Repub to the Governor's office, so I'm in favor of doing away with the "frankenstein veto".

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Jimbo S Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-21-08 05:17 PM
Response to Original message
3. When Thompson had it
he essentially could create his own budget, circumveting the legislature. Voided the checks-and-balances of government.

With Doyle having it, it was case of what comes goes around comes around.

Partisan politics aside, I think it would be best to end the line item veto.
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CarbonDate Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-22-08 03:25 AM
Response to Original message
4. I think we should end it....
...while the Republicans are still in favor of ending it. Let's not wait until they have control of the veto pen.
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-24-08 11:36 AM
Response to Original message
5. Thanks for all the feedback.
Edited on Mon Mar-24-08 11:37 AM by undeterred
Nobody seems to like it.

Governor's selective veto at issue
Amendment would end stitched-together phrases

Posted: March 23, 2008
Madison - The words Frankenstein veto won't be on the April 1 ballot.

That's just the sound-bite phrase used by legislators who want to limit the veto authority of Wisconsin governors. Those lawmakers want voters to approve the question on the ballot that asks whether the Wisconsin Constitution should "be amended to prohibit the governor, in exercising his or her partial veto authority, from creating a new sentence by combining parts of two or more sentences of the enrolled bill?"

Lawmakers who pushed the amendment through the Legislature and sent it to voters say it is needed to prevent the growing practice of governors cutting out whole words, sentences and paragraphs and stitching together words to move cash around in ways never passed by the Legislature.

Momentum in the Legislature grew for the constitutional change after Democratic Gov. Jim Doyle:

• In 2005, chopped some words and stitched together others in the Legislature's budget, moving $427 million from the transportation fund to public schools - a diversion the Legislature never approved.

• In 2007, turned the 2% limit on property tax increases the Legislature imposed on counties and local governments into a 3.86% limit by striking language and stringing together the remaining words.

Vetoes like that make the Legislature "merely advisory," Madison lawyer and constitutional law specialist Fred Wade said in the March edition of Wisconsin Lawyer. Some legislators are less kind.

"The Frankenstein veto has made a mockery of how Wisconsin laws are made," said Sen. Sheila Harsdorf (R-River Falls), who sponsored the constitutional change. "This is simply not how democracy is supposed to work," said Republican Sen. Scott Fitzgerald of Juneau. "It has created a one-man government."

Democrats who backed the change include Sen. Tim Carpenter (D-Milwaukee). "It is fundamental to the integrity of the legislative process that we don't create entirely new laws simply by veto," Carpenter said in a statement. No major statewide marketing or advertising efforts are planned for or against the proposed amendment.

The April 1 vote will be the first attempt in 18 years to rein in what political scientists say has become the most powerful veto authority of any governor in the nation. But even if it passes, Wisconsin governors will still have broad veto powers, Wade said.

Doyle believes that if the change becomes law, "it will be harder" to protect against wasteful spending approved by the Legislature, said Doyle spokeswoman Jessica Erickson. Erickson would not say whether Doyle will vote against it. "It's up to the voters to decide," she said.

http://www.jsonline.com/story/index.aspx?id=731244
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-25-08 03:13 PM
Response to Original message
6. This Frankenstein issue was created during
Thomson's reign? So eighteen years later the Republicans are now in favor of getting rid of the powerful pen....I don't have an opinion one way or another on this, but do find the timing on this a bit interesting.
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MessiahRp Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-31-08 07:26 AM
Response to Reply #6
7. This is most definitely a case of Republicans being partisan hacks as usual
They have been trying everything in the Assembly to limit Doyle's ability to get things done and remove any power he has since he was elected and this is no different. It's hilariously hypocritical of them to be doing this now when they practically cheered Tommy Thompson for using the pen even more aggressively than Doyle does now.

While I don't want the Republicans having the power in their hands we have such a bitter partisan GOP Assembly that I can see the line item veto being one of very few tools Doyle has to fight back with.

Since those two issues conflict in such a way, I'm torn and may just abstain from that question on my ballot. I'm not sure yet.

I will be voting for Lena Taylor and Louis Butler down here though.

Rp
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bobthedrummer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-31-08 03:19 PM
Response to Original message
8. I'm voting No-we've seen what the Assembly and Senate have become, fascists. n/t
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-31-08 03:24 PM
Response to Original message
9. Example of Doyle's use of Veto to reshape the Budget:
Edited on Mon Mar-31-08 03:32 PM by undeterred
http://www.legis.state.wi.us/senate/sen10/news/FrankensteinVeto.pdf

Point made by my State Senator (who wasn't advising me one way or the other):if Governor Doyle had not had this power, public schools would have been raided and our public education system negatively affected.

So. We're going to keep Doyle in office, and then Barbara Lawton, right?
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sybylla Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-31-08 07:08 PM
Response to Reply #9
10. Yes, the line item veto did save us when we needed it
Edited on Mon Mar-31-08 07:09 PM by sybylla
But it's my understanding this doesn't eliminate all partial veto powers. Seems to me the op suggests he will still be able to veto sections. Just not words. Had that been his only option, it's hard to say what Doyle would have done. The budget was so late last year. I expect the schools would have lost those transportation aids without the "Frankenstein" veto. Teachers would have been laid off. Programs cut. Schools closed. And the Republicans would have had to answer for it. That veto kept the pukes from making funding of schools a political issue - which is great for the kids but not so great for politics. Perhaps a little well deserved retribution from the voters for their stupidity would go a long way toward changing the way people look at the two parties in this state.

That's the tough part about the yanking the veto away. At least he could salvage the budget bill and preserve as much as possible the important components before the government shut down. But it keeps the idiots on the other side of the aisle from having to answer for their extreme legislation when the gov can at least pare it down into something more palatable.

And yet if the parties in power were switched, we know exactly what a puke governor would be doing to our budgets and bills. Many of the Dem legislators I've talked to about it think removing the Frankenstein veto is a good thing. But they haven't been able to explain exactly why.
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