Secrets and Scandals: Reforming Rhode Island 1986-2006, Chapter 44 (Cont.)

Secrets and Scandals: Reforming Rhode Island 1986-2006, Chapter 44 (Cont.)

Spring temperatures lingered into June, leaving the State House relatively comfortable. Graduations ended and beach weather began without any sign that House leaders would accept Lenihan’s compromise. 

In the hope that people would make more phone calls, I sent an opinion piece entitled “Four-letter word threatens reform” to newspapers across the state. The four-letter word was “full.” I noted that no other state used the phrase “full legislative power” in its constitution. 

“Throughout this spring’s hearings,” I wrote, “many on the House Separation of Powers Committee have argued against ‘separate and co-equal’ because they said this is untested constitutional language. They insisted that because ‘co-equal’ would be unique in the nation, its use in our Constitution would invite costly litigation. Now many of the same representatives argue that ‘full’ legislative power needs to be added to the Constitution, even though no other state constitution incorporates this untested new term.” 

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I added that with “full legislative power” in the Constitution, developers might argue that the Department of Environmental Management could not adopt wetlands regulations. Or brokers might claim that rules promulgated by the Department of Business Regulation were unconstitutional. I encouraged readers to urge their state representatives to pass the versions of Gorham-Lenihan passed by the Senate. “No need for ‘full,’ ” I concluded. “No more changes.” 

A few days later Lenihan phoned to say he thought the House leadership was agreeing to drop “full” but attach a series of “whereas” clauses. 

“ ‘Whereas’ clauses saying what?” I asked. 

“I haven’t seen them yet. They say it’s a preamble that would go to the voters but not become part of the Constitution.” He expected to get the written text that afternoon. And so, late that Friday, in his tiny office, Mike Lenihan handed me a copy of the five “whereas” clauses that House leaders were proposing as a preamble to the amendment. 

I skimmed the four-page document. Each of the “whereas” clauses summarized an element of the amendment, and all looked like face-savers for the House. The amendment’s text was exactly as we had drafted it seven months earlier, except that the three branches of government would be “separate and distinct” instead of “separate and co-equal.” The much abused “broad powers” clause would be deleted from the Constitution. The words “full” and “exercised by” had vanished. 

“I want to check with our counsel,” Lenihan said. “I assume you’ll do the same.” 

Over the last weekend in June a flurry of emails confirmed that groups in the coalition were comfortable with the face-saving “whereas” clauses. Leaders were ecstatic that only one word of the original bipartisan text would change. Instead of three “separate and co-equal” branches of government, Article V would declare them “separate and distinct.” 

On Monday, June 30, Nancy Rhodes and several other Common Cause board members joined me in the east gallery of the House to watch the historic vote. Speaker Bill Murphy called the House to order at 4:26 p.m. 

Rep. Fausto Anguilla proposed a floor amendment that would insert his five “whereas” clauses above the amendment’s text. He explained that they would be preamble to the bill but not part of the actual separation of powers amendment. 

House Majority Leader Gordon Fox praised Anguilla. “Last summer,” Fox said, “he took it upon himself to read the Federalist Papers. Since then, he has worked constantly on the issues and worked within the Separation of Powers Committee to reach a compromise. Today, we see his efforts bearing fruit.” Fox called the resolution historic, stronger than the original proposals filed in January. “It relies on the work of Democrats and Republicans, with the help of many advocacy groups. This is what good government should be about, and we have kept our promise.” 

Nick Gorham congratulated the speaker for delivering on his promise, Anguilla for his diligence in the process, and those of us in the gallery for keeping the pressure on. “We’re going to let the people of Rhode Island decide the future of our state,” Gorham declared. “We’re going to fulfill what many generations throughout Rhode Island history have only talked about. Let’s get on with it.” 

When Murphy called for the vote, green lights quickly lined the electronic board: sixty-six in favor. No red lights appeared. Eight representatives were either absent or chose not to vote. Lenihan’s version, now introduced by the “whereas” clauses, quickly passed by the same unanimous vote. Our group rejoiced quietly and then climbed the carpeted stairs. 

Only pro forma Senate votes remained, and we watched from that gallery. 

“This day was a long time coming,” Sen. Mike Lenihan told his colleagues. “I reported to you that we had an impasse with the House. They insisted on additional words in the text of the amendment. I told them that went beyond the obvious compromise. I suggested that we expand the committee note. At first, the House rejected that idea, but they have now accepted that and drafted a preamble to the resolution.” 

Lenihan explained the new “whereas” clauses, avoiding the temptation to dismiss them as face-saving for the House after months of delay. Modestly, he offered thanks around the room and special praise for Gorham and Anguilla. “Today marks the seventh and eighth times that we in the Senate are passing separation of powers,” he said. 

“Lastly,” Lenihan added, “I want to thank the citizens of Rhode Island. You have provided enormous support for this legislation. Often government gets bashed around, sometimes justifiably, but this time we have produced something for the ages. And so I say to all who have worked on this: congratulations.” 

Amid cascading congratulations, Sen. James C. Sheehan, a history teacher, compared this watershed moment in Rhode Island to the Velvet Revolution in Czechoslovakia. “The most noble thing any legislature can do,” Sheehan said, “is give up power. We have had to tolerate a lot of negativity in the press. We’ve had constituents at our throat. Now, we are making history by giving up the power we have been accused of misusing.” 

Senators voted unanimously for the two bills. 

After the votes, reporters asked for reaction from Common Cause. 

“Can you believe it?” Nancy Rhodes exclaimed. “It’s absolutely stunning that this has finally happened. Now,” she added, “on to the next event, which is doing legislative oversight.” 

The day had been hot and humid. As we left the State House a little after six, rain had spread puddles across the plaza. Though the air felt steamy, sunlight broke in shafts through clouds. 

 

H. Philip West Jr. served from 1988 to 2006 as executive director of Common Cause Rhode Island. SECRETS & SCANDALS: Reforming Rhode Island, 1986-2006, chronicles major government reforms during those years.

He helped organize coalitions that led in passage of dozens of ethics and open government laws and five major amendments to the Rhode Island Constitution, including the 2004 Separation of Powers Amendment.

West hosted many delegations from the U.S. State Department’s International Visitor Leadership Program that came to learn about ethics and separation of powers. In 2000, he addressed a conference on government ethics laws in Tver, Russia. After retiring from Common Cause, he taught Ethics in Public Administration to graduate students at the University of Rhode Island.

Previously, West served as pastor of United Methodist churches and ran a settlement house on the Bowery in New York City. He helped with the delivery of medicines to victims of the South African-sponsored civil war in Mozambique and later assisted people displaced by Liberia’s civil war. He has been involved in developing affordable housing, day care centers, and other community services in New York, Connecticut, and Rhode Island.

West graduated, Phi Beta Kappa, from Hamilton College in Clinton, N.Y., received his masters degree from Union Theological Seminary in New York City, and published biblical research he completed at Cambridge University in England. In 2007, he received an honorary Doctor of Laws degree from Rhode Island College.

Since 1965 he has been married to Anne Grant, an Emmy Award-winning writer, a nonprofit executive, and retired United Methodist pastor. They live in Providence and have two grown sons, including cover illustrator Lars Grant-West. 

This electronic version of SECRETS & SCANDALS: Reforming Rhode Island, 1986-2006 omits notes, which fill 92 pages in the printed text.