As far too many of us in Maine know, the State House often disregards the limits on how government is supposed to act. Frequently, a legislative vote is considered “the final word” on public policy matters, including whether government has the authority to take a particular action. But passing a law isn’t the final chapter, especially to those who believe in limited government, individual liberty, and fiscal responsibility.
The Constitution sets very clear limits on government power, and yet those limits mean nothing if they can simply be ignored. Constitutional limits must be defended. People must be willing to scrutinize the law, question the exercise of public power, and take those questions into the courts.
Ranked-Choice Voting Expansion Denied
We have seen this play out again and again here in Maine. Lawmakers tried again this year to expand ranked-choice voting (RCV) to general elections for governor and the Legislature, despite the constitutional problem identified nearly a decade ago. Thankfully, when asked to review the proposal, the justices of Maine’s highest court unanimously reached the same, and correct, conclusion that RCV expansion would violate the Maine Constitution. Having enough votes to pass the bill did not give lawmakers the authority to sidestep it, and that is how it should be.
72-Hour Waiting Period for Firearm Purchases
Another major legal challenge taking place in Maine right now revolves around the 72-hour waiting period for firearm purchases. Opponents of the waiting period initially secured a court order blocking enforcement, only to see that victory reversed on appeal. The opponents attempted to petition the U.S. Supreme Court to hear the case, but the court ultimately declined to hear their appeal on October 19. For Mainers challenging the restriction on their Second Amendment rights, the legal challenge continued well beyond the legislative session, and an early victory proved difficult to hold.
Staying Committed to Limited Government
Both of these disputes involve different policies and different legal questions, but they demonstrate how much can turn on what happens in the legal system. There are victories and defeats for individual liberty in the courtrooms, as well as the legislative chambers. Anyone serious about the proper role of government needs to pay attention to both.
Courts cannot be expected to reject every whimsical, wasteful program voted upon by the public’s elected representatives; that responsibility ultimately falls to voters, but they do play a critical role in holding government accountable to act only within its lawful authority. Courts must ensure that agency enactments remain true to the statutes they purport to implement, and must guarantee that the public has access to government records confirming that tax dollars are being properly spent.
But challenging government can be difficult for individuals. An agency decision may be oppressive, or the government may be imposing constraints on a business owner that are simply unlawful. Nevertheless, hiring an attorney means taking on significant costs, both in time and money, and there can be some uncertainty as to the outcome of the attorney’s efforts. Even a party with a strong case may not be in a position to challenge the government. If they are not, however, that improper exercise of government power remains unchallenged. And that may mean others will face the same problem the individual Mainer did.
This is an area where organizations committed to limited government can make a difference. Policy researchers can identify where government has exceeded its authority, legal experts can devise a way to challenge it, and successful cases in court can set a precedent. This would help not just the person who brought the case, but also establish a precedent that protects other Mainers from receiving the same treatment.
For an organization working to reduce government overreach, that makes legal engagement a practical extension of its mission. That’s why Maine Policy Institute is increasingly interested in exploring how we can engage in the legal arena as we continue conducting policy research, engaging the legislature, and educating the public.
Freedom & Opportunity Luncheon
This year’s Freedom & Opportunity Luncheon offers an opportunity to consider why that direction matters. On Friday, November 13, Maine Policy Institute is honored to welcome Professor Jonathan Turley to the Holiday Inn Portland-By the Bay, with the main event beginning at noon.
Professor Turley is the Shapiro Professor of Public Interest law at George Washington University, a nationally recognized attorney and constitutional law scholar, as well as a New York Times best-selling author. He has published extensively in the fields of constitutional law and civil liberties, participated in many high-profile public-interest litigation efforts, and has testified over 100 times before Congress on issues such as civil liberties and separation of powers.
If you are interested in the role of the courts in defending limited government and the protection of individual freedom, we hope you will join us Friday, November 13, at Holiday Inn Portland-By the Bay to hear from Professor Turley and support MPI’s work toward a freer, more prosperous Maine.