CLT UPDATE
Friday, January 5, 2007

Situational ethics in Massachusetts:  An awakening?


We spoke too soon yesterday when we congratulated the state Legislature for taking up the anti-gay marriage amendment without recessing. While we would have voted against letting the amendment go forward, we shared the belief of a unanimous Supreme Judicial Court that the constitution requires an up-or-down vote on the merits of amendments proposed through citizen initiative.

When Senate President Robert Travaglini, who chairs the Constitutional Convention, called the marriage amendment for a vote, we thought he got the SJC's point. But hours later, when an amendment adding a commitment to health care to the constitution came up for a vote, Travaglini reversed course. He allowed the health care amendment to be killed by a procedural vote.

Thus, in a move that went all but unnoticed -- the reporters and TV crews had apparently all left the building after the marriage amendment advanced -- the health care amendment was killed....

Among other things, the decision is a slap in the face to the SJC, which left no doubt last week that procedural moves to avoid a vote on the merits were unconstitutional. Travaglini's predecessors, Bill Bulger and Tom Birmingham, had used similar tactics to thwart citizens' initiatives before, but this move was particularly brazen, given the spotlight the marriage amendment had put on the issue of constitutional process....

With this act, Travaglini and his followers have thoroughly discredited the Constitutional Convention.

A MetroWest Daily News editorial
Thursday, January 4, 2006
Hypocrisy on Beacon Hill


Deval Patrick is off to a bad start....

Yet Deval Patrick, our new chief magistrate, instead of showing principled leadership by urging the Legislature to vote, but to vote the proposal down, or, failing that, urging the people to reject it, has resorted to ambiguous but lawless sloganeering, urging the legislators to defeat the petition by all "appropriate" means. And if you thought that meant voting against it, Patrick goes on to say that a civil right should not be subject to a referendum, and more amazing that the question of civil rights outweighs the provisions of the Constitution providing for citizens' petitions to amend the Constitution.

The rule of law is fortunate that Senate President Robert E. Travaglini insisted on doing his duty, Speaker Salvatore F. DiMasi and Deval Patrick notwithstanding.

I wonder whether Deval Patrick had his fingers crossed yesterday when he took the oath to uphold the Constitution.

The Boston Globe
Friday, January 5, 2007
Patrick's 'oath'
By Charles Fried


But shame on the state's new governor, Deval Patrick, who, just days before taking office, urged lawmakers to flout the constitution by adjourning without taking a vote. If this is Patrick's attitude toward the governing document of the commonwealth, these will be a bleak four years indeed....

In case it was not clear to anyone, the state Supreme Judicial Court -- the same court that said in a 4-3 split decision in 2003 that the constitution allows gay marriage -- recently ruled unanimously that legislators would be violating the constitution if they failed to take a vote before the old session ended at midnight Tuesday.

Based on his position, why would Patrick be concerned about something being written into the constitution anyway? It is clear that he doesn't care what it says if he doesn't agree with it.

The incoming governor also declared it is time to "move on" from the gay marriage debate to the numerous other "far more pressing issues" facing the state, such as education, infrastructure repair and crime. It is frightening that he considers any issue more pressing than the need to obey the constitution -- which he will presumably swear to uphold as part of his inaugural oath this noontime....

But this was about following the explicit directive of a document they have all sworn to uphold, and that most call sacred. A majority of legislators -- those who voted to advance the amendment and those who rejected suggestions that the ConCon recess without taking a vote -- can hold their heads high after today. The new governor should hang his.

A Salem News editorial
Thursday, January 4, 2007
Legislators stand tall for voters and the Constitution


Citizens for Limited Taxation forged ahead Friday with a complaint to the state's Board of Bar Overseers regarding 34 lawyer-legislators who voted to bottle up a health care amendment during Tuesday's Constitutional Convention. The 34 legislators targeted all graduated from law school and took oaths to uphold the constitution, which CLT claims they violated, pursuant to recent Supreme Judicial Court rulings, by declining to bring the health care amendment to an up-or-down vote.

A CLT spokeswoman said legislators thought they got off the hook when they voted on a contentious gay marriage amendment after speculation that they would ignore it.

"They still don't seem to grasp the concept that they have to vote on all initiative petitions, not just the ones whose subject is sexy," the spokeswoman, Barbara Anderson, said. "I'd be absolutely delighted to see them disbarred, the whole bunch of them."

State House News Service
Friday, January 5, 2007
CLT targets lawmakers,
Patrick in Bar Overseers complaint


As Patrick took the oath of office, many in the Beacon Hill establishment looked out at a crowd of thousands, including hundreds of African-Americans who filled Beacon Street and spilled onto Boston Common to watch the ascension of the state's first black governor....

Margaret H. Marshall, chief justice of the Supreme Judicial Court, was seated among the dignitaries on the giant dais behind Patrick. When Patrick put his hand on the Bible and swore his oath, she stood and leaned over a railing, straining to capture the scene on her pocket camera.

The Boston Globe
Friday, January 5, 2007
African-Americans revel in embrace of history


Almost five years after he refused to sign a "no new taxes" pledge during his campaign for governor, Mitt Romney announced yesterday that he had done just that, as his campaign for the 2008 Republican presidential nomination began in earnest.

In 2002, Romney broke with his predecessor, Jane Swift, and Republican governors before her by declining to sign a written vow not to raise taxes once in office. The decision disappointed state and national anti-tax activists, but Romney wouldn't be pinned down.

"I'm against tax increases," Romney was quoted as saying at a campaign stop in Springfield that March. "But I'm not intending to, at this stage, sign a document which would prevent me from being able to look specifically at the revenue needs of the Commonwealth."

Romney's gubernatorial campaign spokesman, Eric Fehrnstrom, dismissed such pledges at the time as "government by gimmickry." ...

One of the activists disappointed with Romney in 2002 was Barbara Anderson, executive director of Massachusetts-based Citizens for Limited Taxation. Yesterday, Anderson applauded his decision to sign Norquist's pledge this year.

"I am pleasantly surprised, only because we couldn't talk him into signing it when he was running for governor," she said.

Anderson attributed Romney's shift to four years of working with the Democratic Legislature, and said he now understands that Democrats need a firm message.

The Boston Globe
Friday, January 5, 2007
Romney finds 'no new taxes' promise
suits him after all


For more than a quarter of a century, Tom Finneran was the gamecock of the Massachusetts House -- a brash competitor who nearly always won. From the time he became chairman of the Ways and Means Committee in 1991, through his grasp of the speakership in 1996, until his retirement to a private biotech job in 2004, he was the strongest political power on Beacon Hill, for both good and ill....

Finneran's chronic propensity for interpreting the rules to his own benefit, when he wasn't skirting them altogether, finally caught up with him.

The examples are myriad....

Finneran adamantly opposed the public financing of campaigns, especially for the Legislature. When voters overwhelmingly approved such a system with the Clean Elections Act of 1998, Finneran refused to fund it, in open defiance of the electorate and the Supreme Judicial Court....

The positive achievements for which he deserves to be remembered are mostly fiscal ... the decision to halt the scheduled decline in the income tax rate at 5.3 percent when the promise that no program cuts would ensue proved empty.

A Boston Globe editorial
Friday, January 5, 2007
Finneran's rules


Chip Ford's CLT Commentary

The fallout from Tuesday's Constitution Convention has begun to rain down:  more subtle legislative actions are being recognized, their implications realized.  More are speaking out about the abuse of the Constitution on that day.

By Wednesday most newspapers around the state had recognized that legislators finally "got it" and had voted on the merits of the petition to ban gay marriage, provided the yea or nay vote as required by the recent Supreme Judicial Court's ruling.  For respecting their oaths of office and doing their constitutional duty at last, legislators were praised in editorial after editorial (for example, see yesterday's Salem News editorial), even by newspapers that opposed the amendment itself.

Now, many have come to recognize that the Legislature still is up to its usual old tricks, so long as they can get away with it -- as legislators did by dodging their oath and duty with the health care amendment.  Though it was much less known or covered, the principle remained the same -- and the Legislature buried it again, doomed it to the graveyard where many other citizen amendments were interred.

CLT still intends to file a complaint with the Massachusetts Board of Bar Overseers against those lawyer-legislators who violated their oaths of office by defying their constitutional duty.  Until these legislative ploys are finally ended, no proposed citizen amendment will be safe.

Once a petition is assigned to "further study" in a committee, it requires a two-thirds vote to pry it out of that committee for a vote during a constitutional convention.  It will become the new final solution for amendments unpopular with the Legislature -- which is de facto any amendment proposed by citizen petition.

We are awaiting a response to the requisite phone call to the board ("within 72 hours") before it will send out an official complaint form.  We'll keep you posted with its response.


Even Governor Deval Patrick has now come under fire for his unsuccessful attempt to incite insurrection against the state Constitution.  Charles Fried, a constitutional law professor at Harvard Law School and former associate justice on the state SJC (1995-99), pondered in his Boston Globe op-ed column today, "I wonder whether Deval Patrick had his fingers crossed yesterday when he took the oath to uphold the Constitution."

I focused on this in Wednesday's CLT Update, "Can the Commonwealth survive the reign of Lawless Deval?", and others have and are joining in our cynicism.

And what was with SJC Chief Justice Margaret Marshall?  "[S]he stood and leaned over a railing, straining to capture the scene on her pocket camera," as the incoming governor placed his hand on the Bible and took his oath of office, the Boston Globe reported.  I'd call that good first-person evidence of perjury, if it ever arrives before her court -- but that's not likely her intent, as she was apparently gushing over his success and ascension.

We have added Deval Patrick, attorney at law, to our intended complaint to the state Board of Bar Overseers -- which is an extension of the SJC.


Former Gov. Mitt Romney finally has taken the No New Taxes pledge, at the behest of our national taxpayers group ally, Americans for Tax Reform.  Its president, Grover Norquist, who originated the pledge long ago, is a native of Massachusetts, a member of CLT, and a strong supporter of our activities.  His father, Warren, was on CLT's board of directors and remains a member of CLT.

Grover probably didn't need to do much convincing to get Mitt to sign on, though we were never able to when he was running for governor.  We told him then that signing the pledge was a tool, putting the Legislature on alert that new taxes were off the table.  He said he could avoid raising taxes without pledging to, and was actually successful -- after a few weeks following our meeting with him he announced he'd not consider raising taxes.  He likely recognized the value of "the pledge" after four years of dealing with a Democrat, tax-inclined, legislature!


Would a CLT Update be complete without another exposé of the Boston Globe's editorial page schizophrenia, its blatant hypocrisy, its insulting of readers' intelligence while pursuing its personal agenda at any cost?  Again, the liberal elitists are lecturing from both sides of their collective mouth in the same editorial, as if nobody will notice or care.

I used to think they had to be twisting and contorting themselves in knots to come up with and somehow justify their positions.  I don't any longer:  I don't believe they even try any more.

In today's particular screed, "Finneran's rules," its editorial manages to excoriate former House Speaker Tom Finneran for killing the "Clean Elections" law -- a Globe cause célebré -- "When voters overwhelmingly approved such a system."  Then it has the temerity to call one of Finneran's finest moments his "decision to halt the scheduled decline in the income tax rate at 5.3 percent," which the Globe vehemently opposed and still does -- and which the voters overwhelmingly endorsed.

Ah well, there's something to be said for predictability I suppose.

Chip Ford

 


The MetroWest Daily News
Thursday, January 4, 2006

A MetroWest Daily News editorial
Hypocrisy on Beacon Hill

We spoke too soon yesterday when we congratulated the state Legislature for taking up the anti-gay marriage amendment without recessing. While we would have voted against letting the amendment go forward, we shared the belief of a unanimous Supreme Judicial Court that the constitution requires an up-or-down vote on the merits of amendments proposed through citizen initiative.

When Senate President Robert Travaglini, who chairs the Constitutional Convention, called the marriage amendment for a vote, we thought he got the SJC's point. But hours later, when an amendment adding a commitment to health care to the constitution came up for a vote, Travaglini reversed course. He allowed the health care amendment to be killed by a procedural vote.

Thus, in a move that went all but unnoticed -- the reporters and TV crews had apparently all left the building after the marriage amendment advanced -- the health care amendment was killed. The amendment, which would establish a general state commitment to quality, affordable health care, had already passed one legislative session and would have only needed 50 out of 200 votes to win a spot on the 2008 ballot. Ninety-two legislators voted to bring it to the floor, well short of the two-thirds required.

Among other things, the decision is a slap in the face to the SJC, which left no doubt last week that procedural moves to avoid a vote on the merits were unconstitutional. Travaglini's predecessors, Bill Bulger and Tom Birmingham, had used similar tactics to thwart citizens' initiatives before, but this move was particularly brazen, given the spotlight the marriage amendment had put on the issue of constitutional process.

It is also particularly hypocritical for anyone who voted to advance the anti-gay marriage amendment on the grounds that the people deserve to vote to turn around and deny a spot on the ballot for a different issue. Joining Travaglini in voting for the marriage amendment but against bringing the health care amendment were several MetroWest legislators: Sen. Scott Brown, R-Wrentham; Sen. Richard Moore, D-Uxbridge and Rep. Marie Parente, D-Milford.

Other local legislators who joined in burying the health care amendment included Sen. Karen Spilka, D-Ashland; Rep. Steve LeDuc, D-Marlborough; Rep. Pat Walrath, D-Stow; and Rep. Peter Koutoujian, D-Waltham.

Blogger David Kravitz of Blue Mass Group reports that, after Spilka cast her vote against bringing up the amendment, Travaglini's voice was picked up by an open mic saying, "Good girl."

With this act, Travaglini and his followers have thoroughly discredited the Constitutional Convention. Gay marriage supporters have said all along that the constitution's low threshold for getting a question on the ballot was being enforced only when it comes to taking away their rights. The lawmakers have made their case for them, and made it much harder for those of us who care about constitutional process to argue against using a procedural move to kill the marriage amendment the next time it comes up.

Since the Legislature has deemed constitutional requirements optional, we must assume these votes were about the substance of the amendments. If that's the case, the insurers, hospitals and other health care interests came up winners this week on Beacon Hill, while gay couples lost another round.


The Boston Globe
Friday, January 5, 2007

Patrick's 'oath'
By Charles Fried


Deval Patrick is off to a bad start. If the amendment to prohibit gay marriage ever reaches the people, I shall vote against it.

I regret that the Supreme Judicial Court, in its closely divided 2003 decision in the Goodridge case, proclaimed that the state Constitution requires same-sex marriage. The Supreme Court of New Jersey -- a court with as distinguished and liberal a tradition as the SJC in a state whose constitution is not markedly different from our own -- got it right when it decided last year that same-sex couples must be allowed to contract civil unions, with all the material privileges and duties that marriage accords to opposite-sex couples.

This is a demand of liberty. These privileges and duties arise out of contractual arrangements freely undertaken by the parties, and the state has no sufficient reason to deny same-sex couples that facility, any more than it should deny couples the right to transfer property, name each other their guardians in times of illness, enter partnerships of many kinds. New Jersey joins five states that now have something like civil unions or domestic partnerships.

But marriage is different. If all material aspects of the union are the same as the state accords to marriage and all that is withheld is the name of marriage, then it is a kind of civil blessing that is withheld. I would not withhold it, but this last honorific and ceremonial step is exactly one that should only be taken by the people, by the community that bestows it.

To have the people's congratulation enacted and enforced by a 4-3 vote of unelected judges is an offense to democracy, to the very notion of the community in whose name the SJC decided. It as if we were all forced to go to a party some do not want to attend. In its zeal for equality the SJC overstepped these bounds, got it wrong.

But happily there is a way for the people to have their say after all, to join the party. The state Constitution allows for the people to amend it. After a sufficient number of citizens' signatures, the Legislature must vote on a proposed amendment. And if a mere quarter of the legislators approve the amendment twice, then the issue goes to the people, whose constitution it is: not the courts', not the politicians', not the legislators', not the governor's.

Just when it appeared that the Legislature was once again about to disgrace itself by refusing to do its unambiguous constitutional duty and failing to hold the vote on sending the referendum to the people (a vote which to be sure can go against the amendment if 50 cannot be found who are for it), the SJC spoke again.

This time it spoke unanimously: Decisions, the SJC said, stretching back to 1935 put "the requirement to vote on the merits . . . beyond serious question. . . . The members of the [Legislature] are the peoples' elected representatives, and each one of them has taken an oath to uphold the Constitution of the Commonwealth."

Yet Deval Patrick, our new chief magistrate, instead of showing principled leadership by urging the Legislature to vote, but to vote the proposal down, or, failing that, urging the people to reject it, has resorted to ambiguous but lawless sloganeering, urging the legislators to defeat the petition by all "appropriate" means. And if you thought that meant voting against it, Patrick goes on to say that a civil right should not be subject to a referendum, and more amazing that the question of civil rights outweighs the provisions of the Constitution providing for citizens' petitions to amend the Constitution.

The rule of law is fortunate that Senate President Robert E. Travaglini insisted on doing his duty, Speaker Salvatore F. DiMasi and Deval Patrick notwithstanding.

I wonder whether Deval Patrick had his fingers crossed yesterday when he took the oath to uphold the Constitution.

Charles Fried teaches constitutional law at Harvard Law School. His most recent book is "Modern Liberty and the Limits of Government."


The Salem News
Thursday, January 4, 2007

A Salem News editorial
Legislators stand tall for voters and the Constitution


Congratulations to the Massachusetts Legislature for finally following the express dictate of the state constitution and taking a roll-call vote Tuesday on a citizen's petition that seeks to define marriage as the union between one man and one woman.

On the final day of the 2005-2006 legislative session lawmakers, meeting in a Constitutional Convention, gave 62 votes - 12 more than the minimum of 50 required - in support of the petition, which moved the matter forward to the next Legislature. That body must also vote, again with a minimum of 50 votes in favor, for the proposal to move to the ballot in 2008.

We commend those who resisted efforts to derail a vote on this issue, and would urge those who take the oath of office this week to take that second vote needed to allow voters to have their say next year.

But shame on the state's new governor, Deval Patrick, who, just days before taking office, urged lawmakers to flout the constitution by adjourning without taking a vote. If this is Patrick's attitude toward the governing document of the commonwealth, these will be a bleak four years indeed.

The votes - there were two of them - came relatively quickly, and with hardly any debate. Senate President Robert Travaglini called for the first shortly after convening the convention, resulting in approval by a 61-132 margin. After a recess, a vote to reconsider passed, but the second vote sustained the first, at 62-134.

There was no good reason for a second vote, and those who opposed reconsideration deserve credit for wanting to let the initial vote stand. They included Reps. Brian Dempsey, D-Haverhill; Brad Hill, R-Ipswich; William Lantigua, D-Lawrence; Joyce Spiliotis, D-Peabody and Anthony Verga, D-Gloucester; along with Sens. Bruce Tarr, R-Gloucester and Susan Tucker, D-Andover.

Patrick, who lobbied legislators fiercely in the hours before the convention, dragged out the same old talking points that gay marriage advocates have been using since the petition drive began -- that gay marriage is a civil right, and that limiting it to those of opposite gender would be "limiting freedom" and "writing discrimination into the constitution."

Those arguments are well worth debating when it comes to the merits of the issue. But they do not justify violating the constitution. Indeed, that much was clear to Sen. Tucker, an outspoken supporter of gay marriage, who noted, "I always thought we had a constitutional commitment to take that vote."

In case it was not clear to anyone, the state Supreme Judicial Court -- the same court that said in a 4-3 split decision in 2003 that the constitution allows gay marriage -- recently ruled unanimously that legislators would be violating the constitution if they failed to take a vote before the old session ended at midnight Tuesday.

Based on his position, why would Patrick be concerned about something being written into the constitution anyway? It is clear that he doesn't care what it says if he doesn't agree with it.

The incoming governor also declared it is time to "move on" from the gay marriage debate to the numerous other "far more pressing issues" facing the state, such as education, infrastructure repair and crime. It is frightening that he considers any issue more pressing than the need to obey the constitution -- which he will presumably swear to uphold as part of his inaugural oath this noontime.

Outgoing governor Mitt Romney, on the other hand, remained committed throughout the debate to the voters rights to express themselves on this issue, and it was his effort to bring the matter before the state's high court that helped clarify the debate. The SJC said it did not have the power to force a vote, but its ruling last month made clear that lawmakers would be in open violation of the constitution by failing to do so.

Patrick and all the other gay marriage advocates have the right to apply all the pressure they intend to apply on lawmakers who want to let the citizens of the state vote on the matter. That's politics.

But this was about following the explicit directive of a document they have all sworn to uphold, and that most call sacred. A majority of legislators -- those who voted to advance the amendment and those who rejected suggestions that the ConCon recess without taking a vote -- can hold their heads high after today. The new governor should hang his.


State House News Service
Friday, January 5, 2007

CLT targets lawmakers, Patrick in Bar Overseers complaint


Citizens for Limited Taxation forged ahead Friday with a complaint to the state's Board of Bar Overseers regarding 34 lawyer-legislators who voted to bottle up a health care amendment during Tuesday's Constitutional Convention. The 34 legislators targeted all graduated from law school and took oaths to uphold the constitution, which CLT claims they violated, pursuant to recent Supreme Judicial Court rulings, by declining to bring the health care amendment to an up-or-down vote.

A CLT spokeswoman said legislators thought they got off the hook when they voted on a contentious gay marriage amendment after speculation that they would ignore it.

"They still don't seem to grasp the concept that they have to vote on all initiative petitions, not just the ones whose subject is sexy," the spokeswoman, Barbara Anderson, said. "I'd be absolutely delighted to see them disbarred, the whole bunch of them."

Anderson said disbarment seemed unlikely, but her organization would push for a reprimand to reaffirm the constitution's authority.

Gov. Deval Patrick, who urged legislators to adjourn without a vote on the marriage amendment, was listed in the complaint for allegedly fostering an atmosphere that condoned violating the constitution.

A copy of the complaint was not available Friday. The Health Care Amendment Campaign is not a party to the complaint, according to a campaign spokesperson.

LAWMAKERS TARGETED BY CLT COMPLAINT

REPRESENTATIVES

1) House Speaker Salvatore DiMasi
2) Garrett Bradley
3) Arthur Broadhurst (former rep.)
4) Gale Candaras (now serving in the Senate)
5) Michael Costello
6) Robert DeLeo
7) James Fagan
8) Michael Festa
9) Colleen Garry
10) Rachel Kaprielian
11) Peter Koutoujian
12) Charles Murphy
13) James Murphy
14) Kevin Murphy
15) Eugene O'Flaherty
16) Robert Rice
17) John Rogers
18) Angelo Scaccia
19) Marie St. Fleur
20) William Straus
21) Walter Timilty
22) Stephen Tobin
23) David Torrisi
24) Eric Turkington
25) Steven Walsh

SENATORS

1) Robert Antonioni
2) Stephen Baddour
3) Scott Brown
4) Stephen Buoniconte
5) Robert Creedon
6) Robert Havern
7) Steven Pangiatakos
8) Karen Spilka
9) Dianne Wilkerson


The Boston Globe
Friday, January 5, 2007

African-Americans revel in embrace of history
By Yvonne Abraham and Michael Levenson


David L. Flynn, the longest-serving member of the Legislature, paused in a State House hallway after Governor Deval Patrick's swearing-in yesterday, marveling at the throngs who had gathered to witness the occasion.

"He has people I've never seen before," said the 73-year-old Bridgewater Democrat, who has watched governors come and go since he was first elected in 1964. "But I think that creates a healthy situation."

As Patrick took the oath of office, many in the Beacon Hill establishment looked out at a crowd of thousands, including hundreds of African-Americans who filled Beacon Street and spilled onto Boston Common to watch the ascension of the state's first black governor. When Patrick put his hand on a Bible that had once belonged to slaves, many thrust up their hands to capture the moment on cameras and cellphone cameras. A loud cheer thundered.

"We, the people of color, are very proud of him for being elected governor of Massachusetts," said Josh Saint-Fleur, 32, who is studying medicine at Harvard University. "We understand it is a great accomplishment, and the road was not easy."

Martin Joseph of Dorchester brought his 13-year-old son, Jordan, to meet the new governor, queuing up in a long receiving line after the swearing-in.

"It's history in the making," he said, hugging his son to him. "I think he's going to make good changes for all."

Fletcher "Flash" Wiley, a prominent lawyer and businessman who, like Patrick, started out on the South Side of Chicago, clambered onto a firetruck flying a huge American flag from its ladder to take in the pageantry.

"I was up there to get a glimpse of history," said Wiley. "It was just such a wonderful, thrilling experience to stand on the site where, almost 150 years ago, the historic Massachusetts [black] regiment marched off to the Civil War, to this day, when Massachusetts inaugurated its first African-American governor."

Maisha Brown, 27, a nursing student at Roxbury Community College, waited an hour and a half in the receiving line to shake hands with Patrick.

"It is exciting, it is very exciting," said Brown, of Dorchester. Considering the state's history of racial tensions, Brown said, "To have the first African-American governor is a big step up for Massachusetts as a state."

Prominent black political leaders, largely sidelined under recent administrations, suddenly found themselves at the center: at a VIP reception after the inauguration ceremony, state Senator Dianne Wilkerson was gaily strolling in and out of the governor's suite. "I feel like a freshman, but I've been in the state Senate for 15 years," said the Roxbury Democrat. "I'm looking in the faces of people in my district and I see the pride. I see the elation that they lived to see this."

Mel King, who was a state representative from Boston from 1973 until 1983, when he sought to become the city's first black mayor, walked through the crowd of Patrick supporters, holding a tape recorder.

"I interviewed a lot of people who expressed feelings of joy, expressed their feelings of hope, like I hadn't heard in a long time," said King, 78. "That's an amazing thing, and it was nice for me to be able to hear and to record it."

L. Douglas Wilder of Virginia, the first African-American elected governor, arrived at the inauguration early, an hour before most other dignitaries. Walking along Beacon Street, he stopped to hug friends and strangers who called out his name, and posed for photographs with them. Then he watched Patrick take the oath of office.

"This is his high moment," said Wilder, 75, beaming.

It was not just African-Americans who were ebullient on the historic day, which gathered together a dizzying array of political luminaries, along with schoolchildren, construction workers, and secretaries. Democrats from long-ago administrations wandered through the State House, slapping backs, shaking hands, and eating brownies. Former aides to Governor Michael S. Dukakis seemed especially giddy.

"You were a lot younger the last time we did this," exclaimed Cameron Kerry, brother of John F. Kerry, a US senator a nd one time Dukakis lieutenant governor, when he caught sight of Tom Herman, a former revenue commissioner for Dukakis.

The last time they did this was 1983.

Much about yesterday was a throwback to those heady days. The national anthem was sung by Ernest Triplett , who was among the first black opera company directors in the country. Triplett, 70, who founded the Associate Artist Opera, a predecessor to the Boston Lyric Opera Company, sang at Dukakis's second inauguration in 1987.

It seemed no one was immune to the excit e ment.

Margaret H. Marshall, chief justice of the Supreme Judicial Court, was seated among the dignitaries on the giant dais behind Patrick. When Patrick put his hand on the Bible and swore his oath, she stood and leaned over a railing, straining to capture the scene on her pocket camera.

After the ceremony, Dukakis held court in the ornate Nurses Hall at the State House as Patrick shook the hands of patient fans nearby.

"I'm a great fan of your part of the state," the former governor said to a tall man from New Bedford, launching into a discussion of rail service to the region.

"With all due respect, it just hasn't been the same since you left," the man said.

"It's a great day!" another admirer said.

"At last," Dukakis said, beaming. "At last!"

Lisa Wangsness of the Globe staff contributed to this report.


The Boston Globe
Friday, January 5, 2007

Romney finds 'no new taxes' promise suits him after all
By Scott Helman, Globe Staff


Almost five years after he refused to sign a "no new taxes" pledge during his campaign for governor, Mitt Romney announced yesterday that he had done just that, as his campaign for the 2008 Republican presidential nomination began in earnest.

In 2002, Romney broke with his predecessor, Jane Swift, and Republican governors before her by declining to sign a written vow not to raise taxes once in office. The decision disappointed state and national anti-tax activists, but Romney wouldn't be pinned down.

"I'm against tax increases," Romney was quoted as saying at a campaign stop in Springfield that March. "But I'm not intending to, at this stage, sign a document which would prevent me from being able to look specifically at the revenue needs of the Commonwealth."

Romney's gubernatorial campaign spokesman, Eric Fehrnstrom, dismissed such pledges at the time as "government by gimmickry."

But yesterday, in an indication of Romney's singular focus now on appealing to Republicans nationwide, his exploratory presidential campaign boasted that he was the first prospective 2008 candidate to sign a "taxpayer protection pledge," in which he promised to oppose "any and all efforts" to increase income taxes on people or businesses. The pledge comes from the Washington-based Americans for Tax Reform, which is led by prominent anti tax crusader Grover Norquist.

"Governor Romney believes that by keeping taxes low and simplifying the tax code, we can grow the economy and enhance American competitiveness," Romney's campaign said in a statement.

Asked about the discrepancy between Romney's position now and in 2002, Kevin Madden, a spokesman for Romney's campaign, said that Romney never raised taxes as governor.

"Signing the pledge now sends a very clear message to those in Washington who have voted against tax relief and for tax hikes that such actions will never grow our regional and national economies," Madden said in an e-mail. "At a time when Democrats in Washington are using code language about their plans to raise taxes and spending, the governor's pledge makes it clear that he opposes those actions."

One of the activists disappointed with Romney in 2002 was Barbara Anderson, executive director of Massachusetts-based Citizens for Limited Taxation. Yesterday, Anderson applauded his decision to sign Norquist's pledge this year.

"I am pleasantly surprised, only because we couldn't talk him into signing it when he was running for governor," she said.

Anderson attributed Romney's shift to four years of working with the Democratic Legislature, and said he now understands that Democrats need a firm message.

Romney's announcement about signing the pledge came on his first day out of office, and it symbolized what's now his biggest priority: building support from GOP activists and voters, especially in states with early primaries.

Shortly after Romney's successor, Deval Patrick, took his oath of office at the State House yesterday, Romney arrived at his new campaign headquarters in the North End to chat briefly with the media and huddle with his political team about the fund-raising work ahead.

A preliminary picture of Romney's fund-raising strategy is already emerging, including a national finance team made up of leading Republican donors and a tiered system of major fund-raisers, modeled after a program President Bush created when he first ran for the White House in 2000.

"At this stage, not having raised a dollar for a presidential exploratory committee, it's a little hard to predict what exactly our figures are going to look like," Romney said, declining to lay out specific fund-raising targets. "But we're very hopeful that we'll be able to raise sufficient funds to mount a very competitive campaign if I choose to go forward with a presidential announcement."

Romney added that his campaign was still only exploratory and that he would decide in weeks ahead whether to formally enter the 2008 race.

"We'll begin the effort of raising money and hopefully see the kind of response that would suggest the kind of support I'd need," he said.

That effort will rely, at least in the first month, on a select group called the "first ballot committee," made up of "first ballot chairmen," or those who raise $250,000; "first ballot vice chairmen," those who raise $100,000; and "first ballot members," those who raise $50,000.

Having well-connected fund-raisers with deep Rolodexes is critical to any presidential campaign, because federal campaign finance rules limit contributions to $2,100 per person during the primary.

On Monday, Romney is to convene supporters at the Boston Convention & Exhibition Center for what he is calling a "national call day," where volunteers -- and Romney himself -- will phone contributors and potential contributors around the country. The campaign hopes to raise $1 million from that event.

Yesterday, Romney's campaign released the names of some major Republican fund-raisers who will serve as national finance co-chairs. The list includes Meg Whitman, the president and CEO of eBay; Florida developer Mel Sembler, a former Bush fund-raiser and former US ambassador to Italy and Australia; and Ted Welch of Tennessee, a one time fund-raiser for Senator Lamar Alexander.

Jack Oliver, who was Bush's finance director for the 2000 campaigm, said any candidate for president will need to raise at least $50 million in 2007 alone.

"Even before the votes are cast in Iowa, New Hampshire, and South Carolina, one of the first primaries in the Republican presidential race is going to be the money primary," Oliver said.

Romney is also finding creative ways to distance himself from Massachusetts.

On his new website, mittromney.com, one video montage includes snippets of his inaugural speech from Jan. 2, 2003. Romney ended that speech by saying, "God bless the people of the Commonwealth of Massachusetts." But in the video featured on his campaign website, Romney's words stop at "God bless the people," before the image fades to Romney before an American flag.

William F. Weld, a former Massachusetts governor who was in town yesterday for Patrick's inauguration, said Romney was doing "splendidly" in building support for a presidential campaign.

"He may not be that popular with everybody in Massachusetts," Weld said. "But I'm telling you when that guy talks around the country, he looks and talks and acts and sounds like the next president of the United States."


The Boston Globe
Friday, January 5, 2007

A Boston Globe editorial
Finneran's rules


For more than a quarter of a century, Tom Finneran was the gamecock of the Massachusetts House -- a brash competitor who nearly always won. From the time he became chairman of the Ways and Means Committee in 1991, through his grasp of the speakership in 1996, until his retirement to a private biotech job in 2004, he was the strongest political power on Beacon Hill, for both good and ill.

But if he pleads guilty today, as expected, to a federal obstruction of justice charge, that reputation for power will be forever tainted. Finneran's chronic propensity for interpreting the rules to his own benefit, when he wasn't skirting them altogether, finally caught up with him.

The examples are myriad. Once, Finneran unilaterally changed a legislative pay raise measure from a regular bill to an appropriations bill, making it exempt from repeal by the voters in a referendum. It was a blatant violation of the rules, but most of the members were ignorant of the move, and the ones who knew didn't object. It went through.

In the speakership campaign of 1996, House majority leader Richard Voke was the choice of most House Democrats. By tradition, this should have given him the job, as the Democrats usually rally around their caucus choice, while the small band of Republicans vote for their own leader. But Finneran and his partisans rejected tradition; they made a deal with the Republicans, elevating him over Voke.

Finneran adamantly opposed the public financing of campaigns, especially for the Legislature. When voters overwhelmingly approved such a system with the Clean Elections Act of 1998, Finneran refused to fund it, in open defiance of the electorate and the Supreme Judicial Court.

In the case at issue today, Finneran's House drew a new legislative district map in 2001, portions of which were later found by a federal court to be unfair to minorities. Finneran was then charged with obstruction of justice essentially for understating his knowledge of the process.

Finneran was a strong leader who wielded power largely because he was smarter and worked harder than others, and because he relished it.

The positive achievements for which he deserves to be remembered are mostly fiscal: the building of a rainy day fund, the effort to designate some tobacco settlement money for long-term goals, and the decision to halt the scheduled decline in the income tax rate at 5.3 percent when the promise that no program cuts would ensue proved empty. Some of this took courage. Finneran, growing increasingly cocky, was willing to take the heat.

But over time, his credibility slumped, and people felt they could not longer trust his word. Lack of candor with members was damaging; with federal judges it was fatal.


NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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