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A Late Night at the Legislature Leaves Voters In the Dark

By Damon Circosta
Published: Jan. 9, 2012

RALEIGH - The capital is abuzz with talk about the N.C. General Assembly’s midnight session. On Wednesday, legislators were called to Raleigh by the governor to discuss overriding her veto of a bill that would repeal the Racial Justice Act.

Promises were made between legislative Republicans and Democrats that no other business would be taken up. In a move that many are decrying as dirty pool, a bill was passed in the wee hours that had nothing to do with the Racial Justice Act and everything to do with partisan gamesmanship.

It was a bill that would exclude teachers to collect dues for their association through a paycheck deduction. Other state employees are permitted to do so, but the teachers association was exceedingly vocal about budget cuts earlier this year and stripping them of paycheck deduction is a way to cripple their ability to make their voice heard in the future.

Most of us won’t pay attention to the finer points of parliamentary procedure. We don’t really concern ourselves about the process of how our legislature operates. Stories of political payback, unscheduled midnight votes and parliamentary chicanery make us shrug our shoulders and say, “that’s the way the game is played.” We are drowned in a flurry of talking points, he-said-she-said accusations and threats of litigation.

So while there is still some debate as to whether or not the actions taken are permissible under the rules in which our legislature operates, the general public doesn’t seem much to care.

We should start caring.

When conceiving our system of government, our Founding Fathers envisioned a legislature as a collegial body. The General Assembly was to be a place where duly elected representatives could deliberate on issues and seek consensus on policies, no matter how controversial any given issue might be.

Everything from seating arrangements and committee structures to the very rules of operation were created to maximize deliberation and minimize discord. The building itself was designed to be a welcoming and open place with open foyers and spacious common areas. In fact our House chamber, in a nod to transparency, is one of the few state capitals where natural sunlight is abundant.

While the original premise of a legislative meeting as a place for thoughtful deliberation is appealing, in practice the concept is increasingly rare. Through the years, leaders of both parties have figured ways to use parliamentary rules originally designed to maximize fair play as a way to hammer the other side. That’s what happened late at night this week.

It’s not a council any more, it’s an arena. It’s not statesmanship, it’s a boxing match. No one is saying that our legislators should hold hands and sing harmonies. There are going to be fights over policy. But what we cannot do is turn legislative scuffles into free-for-alls.

Process should matter. If there are policy disagreements, have them. But not in the middle of the night when the public cannot participate. If there are votes to be taken -- sometimes close ones -- don’t shy away from taking them, but proceed in a manner that regardless of the outcome people can feel good about the method of debate.

The public is downright sick of being caught in the crossfire between two warring factions. More and more of us refuse to identify with political parties and nearly all of us want elected officials who can conduct our business in a forthright, open and fair manner.

More is at stake here than the immediate policy fight. Every time a politician uses the process as a bludgeon, the people become more cynical. Every time someone says the ends justify the means, our government loses a bit more legitimacy. Every time a partisan says “the other side does it too,” we continue a downward spiral.

If we don’t start caring more about how things get done, about procedure and process, then the clock will strike midnight on democracy as we know it.