Jan 262012

We should require that every bill be ratified by a second vote, one year after its original passage. It goes into effect as normal, but automatically expires if not ratified at the appropriate time.

Sometimes foolish legislation is passed in the heat of the moment or due to short term pressures. Perhap there is an approaching election, or the media has flamed popular hysteria over some issue, or there is a demand for immediate action with no time for proper deliberation, or an important bill is held hostage to factional concerns, or legislators are falling all over one another to respond with a knee jerk reaction to some event. There are many reasons why thoughtful consideration may succumb to the influences of the moment. The consequences of such legislation can be real and long lasting. Law enforcement resources may be diverted or rights suppressed or onerous demands made on businesses. It is true that legislation may be repealed, but this requires an active effort. The same forces that induced the original legislation, though weakened by time, may threaten to damage anyone who takes the initiative to rectify it.

Here is a simple proposal that could address this problem: Every piece of legislation should be voted on a second time, one year after its original passage. This vote would serve to ratify it. By making this mandatory, the burden of attempted repeal is not placed on any individual. Rather, legislators need simply change their vote. This is less likely to create a fresh political tempest, the issue’s emotional fury long spent. When an act is passed, it goes into effect as normal. However one year from that date, it must be ratified or it will expire. Obviously this should only apply to bills for which such ratification is meaningful; there would be no point in revoting on the prior year’s budget after the money has been spent. By requiring a ratification vote, legislators are given time to breath, sit back, and consider the ramifications of a particular piece of legislation. The intervening year also may provide some flavor of its real effect. A similar approach could be used at all levels of government.