HJR 5: Just vote no

Senator Risch has lent his support to Idaho’s ballot measure HJR5, but that is a big mistake for Idaho. HJR5 is a well intentioned idea to constitutionally enshrine the legislative power to review administrative rulemaking by the executive branch. A recent Idaho Supreme Court case, which was narrowly won by the legislature, is the motive behind HJR5. But the supporters of HJR5 fail to understand a small but important thing: the last nine words of Article II of the Idaho Constitution: “...except as in this constitution expressly directed or permitted.”

Article II declares the separation of powers between the three branches of government, with the above exception. HJR5 will add language to our constitution that will expressly direct or permit administrative rulemaking. Administrative rulemaking is unconstitutional and prohibited by Article II presently. But that hot potato, the unconstitutionality of the Administrative Procedures Act, and the excessive power it creates in the executive branch, will never get a fair hearing from the powers that be.

The problem is administrative rulemaking as-if-it-were-law, when it reaches outside of the executive branch and becomes a law upon us. There is nothing wrong with rulemaking for the internal governance of the executive branch. The solution is to limit rulemaking power to the internal direction of the agencies concerned. The legislature created this problem. They can fix it.

HJR5 attempts to control who trims the branches of the problem. We need to get to the roots. Vote NO on HJR5!

HARI HEATH

Santa, Idaho