FROM THE GALLERY
State Legislation
QUOTES AND COMMENTARY FROM THE BATTLEFIELD OF IDEAS
"No political truth is of greater intrinsic value than . . . [placing the] authority of the legislative and judicial power in the same hands is the very definition of tyranny." James Madison
"Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in capacity to annoy or injure them. The executive not only dispenses the honors but holds the sword of the community. The Legislature not only commands the purse but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword of the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever." Alexander Hamilton in Federalist #78
"One single object . . . [will merit] the endless gratitude of the society, that of restraining the judges from usurping legislation." Thomas Jefferson
"The Court, in addition to the proper use of its judicial functions, has improperly set itself up as a third house of Congress - a super-legislature, as one of the justices has called it - reading into the Constitution words and implications which are not there, and which were never intended to be there. We have therefore reached a point as a nation when we must take action to save the Constitution from the Court and the Court from itself. We must find a way to take an appeal from the Supreme Court to the Constitution itself. We want a Supreme Court which will do justice under the Constitutional and not over it. In our courts we want a government of laws and not of men." Franklin Delano Roosevelt, March 9, 1937
"With the blessings of hindsight, and the assurance of an appropriate funding bill, I am satisfied with how things turned out. I am concerned, however, that our work may be 'too little, too late.' (Editor's Note: This is in reference to the Supreme Court's mandate that the schools fund an additional $858 million to the schools using the Augenblick Myers report on attaining a "suitable" education.) Having eclipsed the deadline, I don't know that it will be overlooked. We can only hope they didn't notice??? I know you did." Rep. Stephanie Sharp, R-Lenexa
"I am surprised and baffled by the Court's order. I thought the Montoy case was about improving the educational opportunities for Kansas children. I do not see how closing schools will accomplish this goal. Who will benefit?" [In reference to the "nuclear option" of a Constitutional amendment constraining the Kansas Supreme Court in allocating and distributing additional funds to schools above what the Legislature elected by the people has appropriated:] "I do not support suggestions that would take us down the nuclear path. If the Legislature acts in the next few hours [the Court's deadline to the Legislature] it can persuade the Court to not close schools." Sen. John Vratil, R-Leawood.
"The results here illustrate what can happen when legislators listen to the people of Kansas and act responsibly. Still, we have lots of work to do, especially when it comes to protecting Kansas taxpayers and maintaining our economic momentum over the past three years. I look forward to building on the cooperation of the special session as we work together to meet future challenges." Gov. Kathleen Sebelius in a July 8, 2005 press release.
"I supported the amendment, [an amendment to curtail the Court's powers] but could not support SB3 which added another $148.4 million to this year's appropriation! Increasing funding beyond the $143 million ordered by the court made no sense to me . . . also, a 'yes' is like giving the Supreme Court a tacit approval of their June 3, 2005 ruling, and setting the precedence for further future meddling of the court into the Legislature's authority to appropriate funds. The real train wreck may come next year when the legislature is ordered to ante up for school year 2006-2007 another enormous $568 million - unless the post audit study included in HB 2247 proves to the Supreme Court that this amount of increase is not justified. The schools needed the money this year - so I do not begrudge their windfall, but I am deeply concerned about the tax situation in the out years. Please note, I voted last year for the $83 million offered for school funding, but that bill was voted down by the Republican Moderates teaming up with the Democrats who adamantly wanted to raise taxes - so the schools got nothing! . . . This outrageous increase will put our beloved State of Kansas into an economic suicidal dive and confirm for all voters that the court's actions clearly represents 'Taxation without representation.'" Rep. Frank Miller, R-Independence, KS
"Mr. President: I vote 'no' on SB 3 [one of the Senate funding bills early in the special session [My constituents have spoken loudly and clearly that they expect me to defy the Kansas Supreme Court. Some have even suggested the justices be impeached. With such clear communication from the people I represent, I cannot vote for this funding bill which is an attempt to bow to the whims of a court which has clearly overstepped its bounds.
"This special session should have as its primary focus to preserve the constitutional powers of the Kansas Legislature. Instead, we are allowing ourselves to be manipulated into jeopardizing the future financial integrity of our state. Our schools receive 53 percent of our budget and our schools have turned out exceptional students, the need is not so great so as to lead us into debt as a state.
"This is not about the children. We are here to preserve and protect the foundation hat was formed by our founding fathers. Because I was elected to represent the people of the 23rd Senate district and the Supreme Court justices were not, I intend to protect the very foundation of our American government and way of life." Sen. Karin Brownlee, R-Olathe as posted in the Senate Journal June 23, 2005
"And it was for this very reason [taxation without representation was tyranny] that the founders gave control of the purse, of appropriations to the representative branches alone. To have done otherwise would have been a betrayal of the very principles they fought for and that some died for. And I think, if this is not too bold to say, that for us to bow to the idea of appropriations without representation in our day would be a betrayal of those same principles. Simply put, we must not do so." Rep. Lance Kinzer, R-Olathe in a floor speech before the Kansas Legislature regarding the Montoy decision by the Kansas Supreme Court.
These quotes give you an idea of the clash of worldviews in the Kansas Legislature during the special session. The Kansas Legislature did capitulate to the Kansas Supreme Court's demands but not without some very brave stands by representatives and senators alike. They recognized that Kansas was facing a constitutional crisis and that above all, the Kansas Constitution should be upheld. They held out for 12 days against insurmountable odds . . . including resistance and undermining of their efforts by members of their own party who worked with the governor's party to accede to all the demands of the courts. The legislative session was exhausting and came at great sacrifice to many of the legislators who have jobs, harvests to bring in, and families. The courts have won this round but at what cost both financially and constitutionally to Kansans? It remains to be seen next session when the financial cost will be realized . . . not only for what the legislature appropriated this year but for the Court's demand that another $585 million be appropriated. Where will this money come from? Some legislators were heard gleefully exclaiming in an elevator that "gaming" is just around the corner. Others warn ominously of huge tax increases. Questions to think about and ask yourselves and others: How will this help Kansas to attract businesses and new residents? What will be enough for the schools? When will the "blank check" stop? Where will the courts stop? What is to stop other agencies from approaching the courts and demanding more money? A list of legislators and their final vote as reported by the Associated Press on July 6, 2005 . . .
HOUSE
Of the 83 Republicans, 34 voted "yes," 48 voted "no" and one was absent.
Of the 42 Democrats, 41 voted "yes" and one was absent.
REPUBLICANS VOTING YES
Bob Bethell, Alden.
Mike Burgess, Topeka.
Pat Colloton, Leawood.
Ray Cox, Bonner Springs.
Barbara Craft, Junction City.
Kathe Decker, Clay Center.
Lana Gordon, Topeka.
Don Hill, Emporia.
Deena Horst, Salina.
David Huff, Lenexa.
Terrie Huntington, Mission Hills.
Jeff Jack, Parsons.
Dan Johnson, Hays.
Patricia Kilpatrick, Overland Park.
Carl Krehbiel, Moundridge.
Bill Light, Rolla.
Ward Loyd, Garden City.
Don Myers, Derby.
Dean Newton, Prairie Village.
Ed O'Malley, Roeland Park.
Mike O'Neal, Hutchinson.
Bill Otto, LeRoy.
Tim Owens, Overland Park.
JoAnn Pottorff, Wichita.
Ted Powers, Mulvane.
Charles Roth, Salina.
Stephanie Sharp, Lenexa.
Clark Shultz, Lindsborg.
Tom Sloan, Lawrence.
Dale Swenson, Wichita.
Jene Vickrey, Louisburg.
Kenny Wilk, Lansing.
Kevin Yoder, Overland Park.
Jim Yonally, Overland Park.
REPUBLICANS VOTING NO
Clay Aurand, Courtland.
Virginia Beamer, Oakley.
Anthony Brown, Eudora.
Steve Brunk, Wichita.
Richard Carlson, St. Marys.
Eric Carter, Overland Park.
Mary Pilcher Cook, Shawnee.
Don Dahl, Hillsboro.
Willa DeCastro, Wichita.
John Edmonds, Great Bend.
John Faber, Brewster.
Joann Flower, Oskaloosa.
Joann Freeborn, Concordia.
Pat George, Dodge City.
Mario Goico, Wichita.
John Grange, El Dorado.
Gary Hayzlett, Lakin.
Carl Dean Holmes, Liberal.
Mitch Holmes, St. John.
Steve Huebert, Valley Center.
Joe Humerickhouse, Osage City.
Becky Hutchins, Holton.
Bonnie Huy, Wichita.
Everett Johnson, Augusta.
Kasha Kelley, Arkansas City.
Richard Kelsey, Goddard.
Mike Kiegerl, Olathe.
Lance Kinzer, Olathe.
Forrest Knox, Fredonia.
Brenda Landwehr, Wichita.
Peggy Mast, Emporia.
Doug Mays, Topeka.
Bill McCreary, Wellington.
Joe McLeland, Wichita.
Ray Merrick, Stilwell.
Frank Miller, Independence.
Jim Morrison, Colby.
Judy Morrison, Shawnee.
Melvin Neufeld, Ingalls.
Todd Novascone, Wichita.
Lynne Oharah, Uniontown.
Robert Olson, Olathe.
Virgil Peck, Tyro.
Larry Powell, Kalvesta.
Scott Schwab, Olathe.
Sharon Schwartz, Washington.
Arlen Siegfreid, Olathe.
Shari Weber, Herington.
REPUBLICANS ABSENT
Jason Watkins, Wichita.
DEMOCRATS VOTING YES
Barbara Ballard, Lawrence.
Tom Burroughs, Kansas City.
Sydney Carlin, Manhattan.
Marti Crow, Leavenworth.
Paul Davis, Lawrence.
Nile Dillmore, Wichita.
Oletha Faust-Goudeau, Wichita.
Bill Feuerborn, Garnett.
Geraldine Flaharty, Wichita.
Vaughn Flora, Topeka.
Delia Garcia, Wichita.
Doug Gatewood, Columbus.
Bob Grant, Cherokee.
Tom Hawk, Manhattan.
Broderick Henderson, Kansas City.
Jerry Henry, Cummings.
Tom Holland, Baldwin City.
Nancy Kirk, Topeka.
Annie Kuether, Topeka.
Harold Lane, Topeka.
Bruce Larkin, Baileyville.
Judy Loganbill, Wichita.
Margaret Long, Kansas City.
Ann Mah, Topeka.
Melody McCray-Miller, Wichita.
Dennis McKinney, Greensburg.
Julie Menghini, Pittsburg.
Jan Pauls, Hutchinson.
Mike Peterson, Kansas City.
Eber Phelps, Hays.
L. Candy Ruff, Leavenworth.
Louis Ruiz, Kansas City.
Tom Sawyer, Wichita.
Bonnie Sharp, Kansas City.
Sue Storm, Overland Park.
Josh Svaty, Ellsworth.
Tom Thull, North Newton.
Mark Treaster, Pretty Prairie.
Jim Ward, Wichita.
Jerry Williams, Chanute.
Valdenia Winn, Kansas City.
DEMOCRATS VOTING NO
None.
DEMOCRATS ABSENT
Judy Showalter, Winfield
SENATE
Of the 30 Republicans, 16 voted "yes," 11 voted "no" and three were absent.
All 10 Democrats voted "yes."
REPUBLICANS VOTING YES
Pat Apple, Louisburg.
Jim Barnett, Emporia.
Terry Bruce, Hutchinson.
Pete Brungardt, Salina.
Carolyn McGinn, Sedgwick.
Steve Morris, Hugoton.
Roger Pine, Lawrence.
Roger Reitz, Manhattan.
Derek Schmidt, Independence.
Vicki Schmidt, Topeka.
Jean Schodorf, Wichita.
Mark Taddiken, Clifton.
Ruth Teichman, Stafford.
Dwayne Umbarger, Thayer.
John Vratil, Leawood.
David Wysong, Mission Hills.
REPUBLICANS VOTING NO
Karin Brownlee, Olathe.
Les Donovan, Wichita.
Tim Huelskamp, Fowler.
Nick Jordan, Shawnee.
Phil Journey, Haysville.
Kay O'Connor, Olathe.
Ralph Ostmeyer, Grinnell.
Peggy Palmer, Augusta.
Mike Petersen, Wichita.
Dennis Pyle, Hiawatha.
Dennis Wilson, Overland Park.
REPUBLICANS ABSENT
Barbara Allen, Overland Park.
Jay Scott Emler, Lindsborg.
Susan Wagle, Wichita.
DEMOCRATS VOTING YES
Jim Barone, Frontenac.
Donald Betts, Wichita.
Marci Francisco, Lawrence.
Mark Gilstrap, Kansas City.
Greta Goodwin, Winfield.
David Haley, Kansas City.
Anthony Hensley, Topeka.
Laura Kelly, Topeka.
Janis Lee, Kensington.
Chris Steineger, Kansas City.
DEMOCRATS VOTING NO
None.
Concerned Women for America of Kansas
P. O. Box 11233
Shawnee Mission, KS 66207
Phone/Fax: 913-491-1380
Email: director@kansas.cwfa.org
Web site: kansas.cwfa.org
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