Gov. Haley Is Wrong on Health Insurance Rate Hike

Ok, so here's the deal: Governor Haley got the State Budget and Control Board (which I believe is under the executive branch of our government) to raise the amount of what state workers pay for their health insurance. The only problem is the legislature had already decided not to do that. Per The State:

Haley’s move to raise state workers’ health insurance costs did more than just anger some workers and lawmakers. It also it upended a legislative deal that helped produce the state’s $6.7 billion budget. Lawmakers’ decision not to raise the amount that state workers pay for their health insurance was part of an elaborate compromise between Republicans and Democrats to pass the budget.

Democrats wanted to give a 4 percent pay raise to state workers, who had not received across-the-board raises since 2007. Republican budget writers countered with a 3 percent raise.

Democrats agreed, but only if Republicans would agree the state would pay the increase in state employees’ health insurance costs. That compromise was a big part of securing his vote for the budget, said state Sen. Darrell Jackson, D-Richland, who joined Courson and state Sen. Joel Lourie in calling for the budget board to reverse itself.

I don't necessarily disagree with the idea of requiring state workers to pay a little more for their health insurance, but it seems like the legislature considered that idea and rejected it. A deal is a deal. Case closed. If you don't like that, elect some different folks next time around. Frankly, this sounds a little too much like the action that we are seeing from the Federal Executive, where the Executive Branch of the government is trying to make an "end run" around around existing law and unilaterally impose their will.

I think Governor Haley is just wrong on this one, just like I believe President Obama is wrong on some unilateral (e.g. altering illegal immigration enforcement).

It's too bad most people are blinded by their partisan tendencies to apply principles in an even-handed manner. Be consistent, folks.

I Don't Think This is Allowed

Our President has determined that he will be the one to determine when the Senate is and is not in recess. According to some document (that Ezra Klein says is very old and confusing) I don't think this is a legitimate move. Here's the relevant part of the Constitution of the United States (Article II, Section 2):

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. (emphasis mine)

As a necessary condition for the President to make a "Recess Appointment", the Senate has to...you know...actually be in "Recess". What is "Recess" you ask? No, it's not when Chuck Shumer challenges Marco Rubio to a game of tag outside while Joe Liberman plays on the swing-set. It's actually a defined term. Recess is when the Senate is on break, and they aren't holding sessions. The funny thing is...and you're really going to laugh...is that the Senate isn't in recess right now. The Senate is actually holding pro forma sessions.

pro forma session - A brief meeting (sometimes only several seconds) of the Senate in which no business is conducted. It is held usually to satisfy the constitutional obligation that neither chamber can adjourn for more than three days without the consent of the other.

However, the Executive Branch has unilaterally decided that pro forma sessions don't really count, so it's going to simply exercise the power to appoint people as if the Senate were in recess. The problem is that this (1) is simply a violation of the Constitutional power granted to the Executive Branch because the Constitution doesn't say anything about being "essentially" in session or not; and (2) despite the Constitutional problem, it sets an extremely bad precedent. I wouldn't want a conservative President to do something like this over the objection of a Democrat-controlled Senate. It's simply an over-reach by the Executive Branch.

I'm sure that even Dick Cheney is amazed at this expansive view of the Executive's power. However, I bet that the Senate will be too chicken to confront the President on this issue. The Democrats may be the party of evil, but the Republicans are the party of dumb.