tuesday, march 25, 1980
jily nebraskan
paged
Opponents of bills have legislative edge Kelly
By Julie Bird
Before Grand Island Sen. Ralph Kelly
Anally got LB221 passed, much to the con
sternation of many UNL freshmen, the bill
was subjected to nearly every move allow
cd by the rules of the Legislature.
TTie result was a watered-down version
Church ...
Continued from Page 4
The conflict is many-sided, both as a
religious and social issue. The property
rights of the local congregations, who
raised the money to build the church, are
pitted against the doctrinal rights of
national' synods and associations, who
determine the organization of churches.
The right of people to believe as they wish,
even about church buildings, is pitted
against the court's mission to protect pro
perty rights and freedom of association.
It appears the Court has directly con
tradicted an article of faith in a religion,
which is a violation of the separation be
tween church and state. Besides not
encouraging any particular group of be
liefs, the government is interdicted from
discouraging any.
Yet courts have intervened in matters
of belief, most notably by issuing an in
junction against snake-handling in West
Virginia. The line drawn between what
people believe and the way they can act
on those beliefs is constantly under con
tention, since it is the interface between
faith and society at large.
Almost every church in this country
is evangelical, dedicated to bringing new
members into the organization. The man
ners and methods it uses in pursuit of this
belief are a fit subject for governmental
rulings, both in the courts and legislatures.
The recent ruling by the ASUN Stu
dent Court on the Josh McDowell speech
in the Nebraska Union is a comment on
of Kelly's original plan to raise the legal
minimum drinking age to 21. Kelly was, to
an extent, at the mercy of his opponents.
Part of Kelly's problem was that solid
support for his bill wavered just below the
25 votes needed to whisk it through the
steps every bill must climb to become law.
this interface. University policy forbids
the use of university facilities to promote
any particular religion. This is no comment
on the beliefs themselves, but it states
that this government agency .cannot,
even indirectly, promote on religious
belief.
Yet, by denying an evangelical faith the
ability to propound and advertise their
beliefs is an attempt to gain new members,
this policy, like the Supreme Court's
ruling, contradicts an article of religious
faith. Whether by benign neglect or by
direct interference, the state has once
again come into conflict with religion and,
as usual, religion loses.
But the harried balancing act between
civil rights goes on. Does the freedom of
speech allow a violation of the separation
of church and state, part of freedom of
religion? Is the freedom from unlawful
seizure of property outweighed by free
dom of association and the rules of that
association?
The Supreme Court, like the Student.
Court, has ruled that social realities take
priority over religious reality. The Stu
dent Court ruled that even tacit acceptance
of one religion over another is unbecoming
to the system of government practiced
in this country. The Supreme Court
ruled that even tacit acceptance of church
doctrine that violates common law
property rights is unbecoming to the social
system practiced in this nation.
Religion has its uses, but freedom has
many more.
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I lis opponents, on the other hand, didn't
have a firm 25 votes either, and couldn't
kill the bill.
Those few senators who straddled the
fence became the subjects of intense legis
lative maneuvering, because they were the
ones who ultimately would decide whether
Nebraska's 19-year-olds would soon be tak-
ing their last legal drink.
Amended to death
Subsequently, Kelly watched as his bill
was amended almost beyond recognition
by measures to restrict off-sale liquor pur
chases but allow on-site consumption (in
bars), as well as several other changes. Last
year, the bill was filibustered, and the uni
cameral became a circus as senators on
both sides pulled every trick they knew to
try to move or stall the bill.
0gDskGQflo,
Finally, LB221 was passed with a "com
promise" of raising the age to 20, and Kelly
had to take it or leave it. He took it.
Kelly said he feels that the majority of
the tools of the Legislature are in the hands
of the opponents of a bill, and those peo
ple, with minimal support, can effectively
paint the introducer into a corner and leave
him there until the paint dries. -
The problem, Kelly said, is that oppon
ents need only a simple majority of those
present to amend a bill. Actually, an
amendment needs 25 votes, but an amend
ment to the amendment needs the majority
vote of those present.
Confusion
Sound confusing? It is, especially when
coupled with the other motions legislators
can make.
And the list is complicated motions to
stop debate or overrule the presiding
officer or change the agenda. Often, the
speaker, Sen. Richard Marvel of Hastings,
sends the clerk scurrying for the rules to
check on how many votes are needed.
Fortunately, clerk Patrick O'Donnell is
well-versed in the intricate, winding pass
ages of the rules book.
At any rate, Kelly says that with the ex
ception of the motion to reconsider, the
introducer of a bill, and possibly the
majority of the members, can be at the
mercy of a minority who can conceivably
amend a bill all day or even all session.
Finally, after all that amending, the re
sult is a bill that won't work, so it's killed,
he said. Or, if it's not killed but still
doesn't advance, it goes to the bottom of
he pile, which also means death in a Legis
lature that is cramped for time.
Legislative tools
In other words, use of those tools by a
skillful legislator can take time and con
tinue to stall a bill until finally, with one
last, slow, painful gasp, it dies under the
weight of all the other legislation piled on
top of it.
Speaker Marvel said the rules were de
signed to protect the minority, which is a
necessary part of the democratic system.
Besides, Marvel adds, 60 percent of the
bills introduced eventually become law, so
the majority is not completely stymied.
Sen. Tom Vickers of Farnam, a relative
newcomer to the legislature, said he sees the
rules as fair because the majority is meant
to rule. The majority, he adds, can either
oppose or support a bill.
Kelly isn't bitter, but frustration is
understandable for someone who watched
his pet project nearly butchered. The
"democratic process" is an exercise in
futility for some.
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