Before Saturday, no Maine governor had used the line-item veto authority given to the state’s chief executive in 1995. So it is understandable that there is confusion about what lawmakers must do. But that does not excuse the Legislature’s abdication of its responsibility to respond to the governor’s action.

On Saturday, Gov. Paul LePage used the line-item veto to strike two items from a supplemental budget overwhelming passed by lawmakers the day before. The two items were changes in general assistance and psychiatric hospital payments.

The governor said he couldn’t let these items stand because lawmakers weren’t doing enough to reduce welfare spending.

The only place where the Legislature’s responsibility in such instances is spelled out is in the House and Senate rules. The House rules regarding line-item vetoes say that lawmakers “shall act upon the disapproved item or items within 5 days of receiving the bill or resolve from the Governor.” The Senate rules include the same language, but exclude Sunday from the day count.

Legally, the word “shall” is interpreted to mean “must.” Think of rental agreements and contracts — and The 10 Commandments. So, House action is required by Thursday; the Senate by Friday.

Democratic lawmakers say they are ready to reconvene this week to vote on whether to uphold or override the governor’s line-item vetoes. Republican leaders say they’ve asked their members and most don’t want to return to Augusta this week and that the issues raised by the governor will be considered by lawmakers when they reconvene in May to handle budget changes for the Department of Health and Human Services.

Asking their members what they want to do constitutes the action required by House and Senate rules, the Republican leadership says.

By this logic, Republicans, through a behind-the-scenes, nonpublic vote, decided to sustain the governor’s line-item vetoes.

This is cowardly at minimum. Worse, it is a violation of public trust and legislative requirements.

All three members of Republican leadership in the Maine Senate are running for Congress, as are two Democrats in the Legislature. Would they abdicate the U.S. House or Senate’s budgetary responsibilities to the president, whether he be Barack Obama or Mitt Romney?

This abdication is especially odd given that the supplemental budget was passed by such lopsided votes. It passed the House with a 105-30 vote. The Senate vote was 35-0.

Did huge numbers of lawmakers secretly support Gov. LePage’s move to further cut general assistance funding? Were they too scared to vote against the budget to make this point? But now they’ll hide behind the governor’s veto?

“The political spotlight now should rest on the Republicans in the Legislature who voted for the provisions LePage vetoed,” University of Maine political scientist Amy Fried, a progressive, wrote on her blog. “Their decision not to reconvene to vote on the vetoes suggests they may be trying to have it both ways, to vote for the bipartisan compromise and then to refuse to uphold it.”

There is little recourse to right this wrong. Only the Legislature can enforce its own rules. So far, no lawmakers have stepped forward to insist that the House and Senate follow their rules regarding the line-item veto.

The true loser in this scenario is the public, which is left in the dark — and will likely have to pay higher taxes due to the unchallenged budget changes.

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59 Comments

    1. The idea of stepping up to the plate is to hit a home run, or at least get on base.  It is not to strike out on purpose. 

    2. In the case of the R legislators, backed off from the plate and called unnecessary “time”.  Should be called “out”.

  1. Republican leaders say they’ve asked their members and most don’t want to return to Augusta this week. Yes it was just way to bothersome for republican lawmakers to do the job they were elected to do. Come November 6th the voters of Maine not Kevin Raye, Bob Nutting or Paul Richard LePage will have their say and something tells me Maine voters will say they don’t want republicans returning to Augusta in January. 

    1. The republicans found a way to support what they believe in and get rid of the stuff that was being forced into the budget.  When are the Dems finally going to realize that GA needs to be fixed and reducing the number by 5% does not meant the straight face test when yuo say it addresses the welfare issues in the state.

        1. Maybe it is time to stop providing the hand out and actually make people stop living off the system.  Most major population centers have to take on the surrounding towns issues as well.  How about those that need assistance under this program report to the city hall and work for the city cleaning parks, picking weeds and generally improving the towns they live in to get their assistance.

          1. HAHAHA and then they can get hit by a car or hurt their back and be on the towns worker comp now that is really going to make my taxes go down. Oh yea and we can hire 3 or 4 more full time employees to oversee these individuals picking up litter or pulling weeds.

          2. OK now you half to pay workers comp on them who will baby sit the kids of parents now you will half to get phicales to see how fit they are to do the job

          3. You’re rhetoric is way off base.  Nobody lives off the system.  Anyone forced into the system due to poverty (that’s how they qualify) knows that the little assistance they receive is not a livable wage.  Also, in short order they are forced out by law.  Nobody wants to live like that, and they don’t to an acceptable degree in the richest nation on earth. 

      1. Willie Sutton found a way to get money from banks.  That doesn’t mean he acted morally or legally.  

      2. Just how did the minority Democrats “force” anything into the budget, especially in the Senate, which voted unanimously?

    2.  It’s like asking the kids if they want to go to school today.  We already know the answer.

    3. Don’t want to go back even though thye have to (shall = must).  Sounds juvenile at best, illegal and irresponsible at worst.

    4. By 11-6-2012, the Lepage, Raye,Nutting threesome will be tired old news, as in the revised Three Stooges flick. 

  2. When will the BDN actually have the guts to print who writes their editorials, my guess is someone from the Maine Democratic Party leadership.  I listened to the Senate minority leader on the radio this morning and this editorial could be a transcript of his comments.  

      1.  those are just editors not necessarily the writers. I mean they obviously have final say on what to run but op-ed pieces are usually reader submitted.

        I actually said this in response to the “Use your Head” article, If I were to contribute to a news papers opinion section which is carte blanche to write a subjective article I would make my beliefs known and plaster my name too it.

        It is fairly shady that people don’t take credit for many editorials. Probably John Martin trolling haha.

        1. Authored opinion pieces are Commentaries, typically appearing on the page facing the editorials.  Editorials by definition are written by the editors unless labeled otherwise.

        2. The editorial page editors write the editorials. I can assure you that nobody on the outside of the paper ever writes an editorial (and that nobody in the newsroom ever writes an editorial).

    1. It is common knowledge who the editors are at the BDN.  It doesn’t make a hill of beans difference which of the few wrote it.  It’s the message that matters sir, not the messenger.  More importantly it is the majority of Mainers’ who agree with them that matters most.     

  3. These folks seem to take about as much interest in doing their jobs as they do the welfare of Maine’s neediest people. That is to say they’re extremely LAX in regard to both. Shameful is about the only word that fits (Or can be printed here) in describing these compassionless do nothings. At the moment it looks as though the GOP/Tea Party and Mr. LePage have just bent over and told the entire state population to kiss their butts. Come November they best be prepared for our feet hitting them on the keysters/keisters as they’re all escorted out of their high offices.

    1. Doesn’t this remind you, even a little bit, of the procedural stunt that Democrats in Wisconsin employed(leaving the State to block a Republican-instigated vote) late last year?  I’d agree with Fried when she suggests that there was a behind-closed-doors agreement to support the Governor without a recorded vote through Republican-initated inaction.
      I’m trying to figure out what a ‘keyster’ is. Did you mean to say ‘keister’?

  4. If the republicans allow this precedent to be established, we will have permanently shifted the balance of power in Augusta.  Issue a last minute line item veto and a phone call and the sum of the entire legislative session has been changed.  This is not democracy.  I am not against the line item veto but I would like it to be established that all future users of this tool(or weapon) should be subjected to face the entire legislature rather than have his(or her) “people” declare the matter over.  

    1. You can rest assured that the law(s) that allowed this sham to take place will be corrected once the decent and just people of Maine restore sanity to Augusta.  

  5. More selective outrage at the BDN.  The Dems adjourn the legislature early and then call a fake emergency session at a cost of millions to the taxpayers in order to pass a simple majority budget and not a peep from the BDN.  LePage actually saves the taxpayers some money and the BDN is outraged. You can not make this stuff up.

    1. Really ??  Really ??  You might want to do a wee bit more research to get your facts straight. It might help to turn down the  talk radio and remove the aluminum foil headgear…

      1. No one looks the other way more than Liberals. How is John Martin doing BTW? His deal go through yet? One should apply for an apartment McCormick had built for $300,000 each for section 8. What lunacy. At least Violette has been given a residency for a while, and Baldy is gone. You cannot make this crap up.

      2. You might want to remove YOUR aluminum foil hat before reading about it. Liberals…too lazy to do any research.  Here, let me google that for you.

        http://www.freerepublic.com/focus/f-news/1415074/posts

        Over $500,000 just in extra pay for the legisvermin.

        “The special, or emergency, session was necessitated by majority Democrats who accelerated the timetable for passing a supplemental budget in order to avoid compromises with minority Republicans.”

      1. I am neither lying, wrong, nor misinformed.  Just because you stick your fingers in your ears and say “La La La La La” doesn’t mean it didn’t happen. See the link in my post above.

        1. And because all you can hear is the sound of “La La La La Lapage” in your ears, doesn’t mean your views hold water.

      1. You obviously believe that the only cost was the extra cash paid to the legisvermin.

        Way to zero in on the main point.  Man, you’re like a laser.

  6. If the BDN thinks this move by the Republicans is a cowardly one, do they also think that Obama’s frequent decision to vote “present,” instead of yea or nay while serving as a senator, was also cowardly?  I’ve never seen the BDN call out Obama for deciding to avoid taking a stand on difficult votes, most likely for political expediency.

    1. Typical republican attempt to twist and spin when they are in the wrong.  How about you address the point the editors made  regarding the debacle just inflicted on the Maine people by the republicans in Augusta?

    2. For someone named “PureLogic101”, there is no logic what so ever in this comment.  This is what is referred to as an AD HOMINEM argument “ad hominem attempts to counter a claim or conclusion by attacking the person who emitted it, rather than addressing the argument given.”
       
      These types of arguments are considered logical fallacies.  You would fail college Logic101 with this type of argument.

    1. ALEC/Republican/Tea party training manual:  Rule 1: Republicans/etc. good, Democrats/libderals/progressives/etc. bad.   Rule 2;  See Rule 1.

    2. Tea Pawty Twaining Manual:

      Wepeat after me, “I believe Paul Wepage.  I twust Paul Wepage. I don’t have to think or wead any books because Bubba Wepage has it all covered for me.”  Amen.

      1. Our Governor has done more in one year than all governors combined since Longley. One crook is in jail, several heads removed and everything is looked at instead of baseline liberal budgeting. Take a look at John Martin’s current deal if you want to find something to rant about.

  7. “Retreat.”  “Abdication.”  But if the Rs didn’t fight a D-Governor’s line item veto, it would be called “seeing the light.”  Thanks, BDN.

  8. You have got to love it when a half baked progressive idea comes back and bites the progressives in the butt.  I bet when this proposal went out to the voters the BDN threw itself under the band wagon.  Plenty of time then to complain about the vagueness of the wording but hey it was progressive.  Who knows somebody like Paul Violette could have written a hefty raise into the MTA budget and a line item veto would have been great.

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