Democracy in Peril

By Steve Sebelius

SEPARATION ANXIETY: Now that Attorney General Brian Sandoval has determined it's a violation of the state constitution's separation-of-powers clause for state and university employees to serve in the Legislature, things are getting serious.

Sandoval says he has lawyers researching how to get the matter before a court, not only to validate his reading of case law and previous opinions, but also to determine how to remove six affected lawmakers if they won't go quietly.

All six are up for re-election this year, and most have safe seats. (State Sen. Ray Rawson, R-Las Vegas, is facing a tough primary challenge from Assemblyman Bob Beers. The others are state Sen. Dina Titus, D-Las Vegas, and Assembly members Chris Giunchigliani, D-Las Vegas, Mark Manendo, D-Las Vegas, Ron Knecht, R-Carson City, and Jason Geddes, R-Reno.)

Some have accused anti-public employee advocates, such as Republican activist George Harris, of advancing the idea simply to remove Democrats from the Legislature (the majority of public employees in elected office are Democrats). And they may be right about Republican motives.

But Sandoval's decision--on point, well-reasoned and thorough--is also utterly apolitical. If upheld, three Democrats and three Republicans could be forced from office, two state senators and four Assembly members. Some are leaders (Titus, Rawson, Giunchigliani, Manendo) and some are back-benchers (Knecht, Geddes). Say what you will about Sandoval, but don't say he's a partisan. (In fact, his opposite number in Washington, D.C., Attorney General John Ashcroft, could learn a thing or two from Sandoval.)

Even if Sandoval's ruling was the correct one, it still hurts, because at least some of the affected lawmakers are valuable assets that Nevada shouldn't lose. Titus, for example, has been a high-profile leader on so many issues, it's almost impossible to overvalue her worth to Nevada. It was Titus who drew attention to the urban sprawl that resulted in much-needed attention at the local level. It was Titus who saved Blue Diamond Hill from becoming a mini-Summerlin. And it's Titus whose progressive voice is badly needed in the Republican-controlled upper house.

Giunchigliani, too, personifies legislative courage. Who else would advocate for liberalizing marijuana laws while most other lawmakers were hiding under their collective beds? Or, like Titus, forcefully argue for Nevada's largest tax increase while lesser souls were hiding behind rhetoric or (literally) in more tropical locales to avoid the whole mess altogether?

The Legislature won't miss the likes of Manendo or Knecht. In fact, it's collective gentility may actually increase with their departures.

Still, there is no question that Sandoval's ruling was a good one for constitutional law in Nevada. And if Giunchigliani and Titus are right, and voters want to re-elect them despite their public jobs, there's an opportunity here.

Why not introduce a constitutional amendment? It could either be one to create a full-time Legislature, with full-time pay, or one to do away with the separation-of-powers doctrine. Either way, the voters could decide finally that they really do want the Legislature open to everyone.