Commentary: No-tax pledge may violate Pa. constituton
Franklin Kury served in the Pennsylvania House from 1966-1972 and the Senate from 1972-1980, and is the author of "Why Are You Here? A Primer for State Legislators and Citizens" (University Press of America)
Franklin Kury
served in the Pennsylvania House from 1966-1972 and the Senate from 1972-1980, and is the author of "Why Are You Here? A Primer for State Legislators and Citizens" (University Press of America)
Candidates for the Pennsylvania General Assembly who win on Nov. 8 will receive a certificate of election from the secretary of the commonwealth authorizing them to take their seats. But there is one other step they must take to become a representative or senator. They must take the oath of office as required by Article VI, Section 3 of the state constitution.
"Senators, representatives . . . shall, before entering on the duties of their respective offices, take and subscribe to the following oath . . . 'I do solemnly swear (or affirm) that I will support, obey and defend . . . the constitution of this commonwealth' . . . and further, any person refusing to take the oath . . . shall forfeit his office."
Taking this oath is more than a procedural formality. Like a wedding vow, it should not be taken lightly. Taking the oath is a commitment to be part of the legislative branch of the government of Pennsylvania for the entire state, not just the districts that elected each lawmaker. Each legislator, along with his or her colleagues and the governor, is responsible for the government of the whole state.
During the campaign, many candidates are asked to sign a no-tax pledge promising that, under no circumstances, will they vote for new or increased taxes. If they do this, they may be violating their oath of office. Let me explain.
There is only one thing the legislature is required to do - enact a budget and provide the funds to pay for it. Without that, there is no government. Other legislation is discretionary.
There is a "rub" in this. The Pennsylvania Constitution requires that the budget appropriation may not exceed the actual and estimated revenues available. Therein is the most important problem lawmakers are likely to face when they take office.
This year the legislature passed, and the governor acquiesced in, a budget for the fiscal year ending June 30. But as Moody's, the credit-rating agency has noted, this did not deal with the basic problem that keeps the credit outlook for Pennsylvania negative.
No action was taken so far to resolve the commonwealth's $2 billion structural deficit or the $37 billion in unfunded obligations for public employee pensions.
Everyone hopes the legislature and governor will resolve these issues as part of the budget for the year beginning July 1. But everyone will be surprised if that actually happens.
As lawmakers look forward to taking office in 2017, they should prepare themselves to confront the greatest budget train wreck in our history. The answer is mathematically simple but politically difficult - raise the necessary revenue or reduce expenditures in order to deal with the $2 billion structural deficit.
Therefore, candidates should resist any no-tax pledges during the campaign. To sign such a pledge and then take the oath of office would be, in my view, unconstitutional. It would be taking the oath to uphold less than the whole of the constitution. It would be a commitment with the reservation that they would forever forsake the most powerful and necessary tool of the legislative branch.
Taking the oath without signing the pledge does not in any way commit lawmakers to voting for a tax increase, but it does keep that option open. No one can predict all the circumstances the commonwealth will face.
Resolving the budget impasse will be difficult. Lawmakers and the governor will not be coming to the Capitol for easy work. Doing the job will take courage and flexibility. Compromise is a necessity. There is no way to enact a budget for the Pennsylvania without them.
If legislators vote only to satisfy their districts, nothing will happen. They must understand that they will be coming to Harrisburg to provide a budget and the necessary revenue for the entire state.