Skip to content

Menu
  • Home
Menu

The SJC Should Protect the Bay State’s ‘Exceptional’ Legislative Supremacy by Rejecting the Auditor’s Constitutionally Irresponsible Powerplay

Posted on December 9, 2024December 9, 2024 by Jerold Duquette

Question One, which was passed on the 2024 Massachusetts statewide ballot by a wide margin, amended the state auditor’s authorizing statute. The amendment explicitly makes the state legislature itself subject to the auditor’s existing authority in exactly the same manner as are all the administrative departments, offices, commissions, and authorities of the Commonwealth’s government. Instead of crafting a ballot initiative that limited the auditor’s sought for authority to non-legislative activities, a route that would have at least had the virtue of being mindful of the  fundamental state constitutional principles of legislative supremacy and separation of powers, Auditor DiZoglio chose instead to publicly insist that she was already authorized to treat the state legislature just like every other government entity she audits and to claim that Question One merely sought to clarify her existing authority.

DiZoglio has stubbornly maintained this bold, but legally, logically, and historically absurd, stance since taking office in 2023, in part no doubt because it allows her to generate political attention and support by demonizing an easy target, Beacon Hill. In her enthusiastic attacks on Beacon Hill “politics-as-usual” during the run up to Election Day this year, DiZoglio’s willful ignorance frequently caused her to contradict herself and to make demonstrably false claims in her campaign for “Yes on One.” The Auditor’s endgame seems to have always been getting her case in front of the Supreme Judicial Court (SJC) with the hope that the justices would do the dirty work for her.

The constitutional reality, openly acknowledged by many of DiZoglio’s supporters as well as both journalists and subject matter experts, is that the only legislative audit authority that might conceivably pass constitutional muster would be the statutory authority to audit “non-core” legislative activity, which is to say, administrative activity performed by employees housed in the legislative branch. If the SJC did actually uphold such authority in this case they would be giving the Massachusetts State Auditor authority that no other state auditor in America has or has ever had. Though not an attorney (or an auditor for that matter) DiZoglio surely understands why every legal expert who has considered the matter (as well as her two immediate predecessors) has made clear that the state auditor cannot legally audit legislative performance without the consent of the legislature. Pretending otherwise in order to sustain high profile antagonism between herself and the legislature is likely intended to help progressive activists scare Beacon Hill into being more responsive to their agendas. What she clearly does not realize, however, is that her efforts, if successful, would actually empower rightwing anti-tax advocates and culture warriors more than progressives. In effect then, DiZoglio’s “ends justify the means” approach is entirely self-defeating and amounts to illegitimate means that will end up in the long run justifying her ideological opponents’ ends.

The SJC should strike down DiZoglio’s voter-enacted politicization of the state auditor’s office lock, stock, and barrel. Preserving the narrowly tailored authority described above would reward the dishonest campaign of Question One advocates and encourage future abuse of the ballot initiative process as a way to get around politically inconvenient constitutional principles. Scrutiny of the 1917 state constitutional convention debates about the creation of the Commonwealth’s initiative and referenda process makes clear that the state’s judges were invested by the framers of Article 48 with the solemn and sole responsibility of defending the most essential principles of the state constitution from both politicians (including the attorney general) AND voters.

Massachusetts government and politics have proven quite resistant to the polarized partisan madness and executive branch overreach that has helped distort American democracy at the national level. The exceptional durability of constitutionally mandated legislative supremacy in the Bay State, a dynamic preserved in part by vigilant enforcement of the state constitution’s separation of powers principle, is one of the Commonwealth’s surest protections against the type of unconstitutional executive overreach implicit in the state auditor’s ill-conceived legislative audit crusade. Progressives may like it when the overreach is for progressive purposes, but they ought to stop and think instead about the very good reasons why there is no such thing in American constitutional democracy as a “People’s Auditor.” We need only monitor the efforts of the new Trump Administration in Washington over the next four years to be reminded of what can go wrong when demagogic elected executives claim mandates from “The People” to justify circumventing the folks the American constitutions designate as the proper elected representatives of the people.

If the legislature allows the fate of Question One to be decided by the state’s highest court, every political scientist and constitutional scholar in the Commonwealth should submit an amicus curiae brief imploring the SJC to protect legislative supremacy at the Massachusetts state house by protecting the integrity of the state constitution’s ballot initiative process and separation of powers doctrine from short-sighted activists of every ideological persuasion who are willing to throw the constitutional baby out with the dirty legislative bath water.

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on LinkedIn (Opens in new window) LinkedIn

Related

Click HERE to Order
Click HERE to Order

Recent Posts

  • Boston Grassroots Leaders Demand Investigation of Josh Kraft Campaign and SuperPAC
  • The Meaning of Josh Kraft’s “Thanks Dad”* Campaign
  • Boston Globe Dodges DFER Downfall
  • The Project 2025 America Needs: “The Systematic Organization of Hatreds”
  • Boston Herald, Pioneer Institute, and Massachusetts Opportunity Alliance Push Great Replacement Theory

Recent Comments

  • Boston Grassroots Leaders Demand Investigation of Josh Kraft Campaign and SuperPAC on The Meaning of Josh Kraft’s “Thanks Dad”* Campaign
  • Maurice Cunningham on Boston Herald, Pioneer Institute, and Massachusetts Opportunity Alliance Push Great Replacement Theory
  • Rob Sinsheimer on Boston Herald, Pioneer Institute, and Massachusetts Opportunity Alliance Push Great Replacement Theory
  • Maurice Cunningham on Banned in Boston (Globe): Walton Family Massachusetts K-12 Political Spending, 2017-2023
  • Jean Sanders on Banned in Boston (Globe): Walton Family Massachusetts K-12 Political Spending, 2017-2023

Archives

  • June 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018

Categories

  • #SXSWEDU
  • ableism
  • Amos Hostetter
  • Annissa Essaibi George
  • ballot questions
  • Barr Foundation
  • Boston Foundation
  • Boston Globe
  • Boston Globe Education
  • Boston Herald
  • Boston mayor's race
  • Boston Policy Institute
  • Boston public schools
  • budget
  • campaign finance
  • Cape Cod
  • capital v labor
  • Charles Koch
  • Charlie Baker
  • Chris Rufo
  • Christian nationalism
  • Citizens United
  • Claudine Gay
  • climate change
  • Congress
  • conservatism
  • coronavirus
  • Council for National Policy
  • covid-19
  • dark money
  • Dark Money and the Politics of School Privatization
  • democracy
  • Democratic Party
  • Democratic Party presidential nomination
  • Democrats for Education Reform
  • Department of Elementary and Secondary Education
  • Donald Trump
  • Economic Policy
  • education
  • Education Trust
  • Educators for Excellence
  • elections
  • Elizabeth Warren
  • environment
  • Erika Sanzi
  • ExcelinEd
  • Fair Share ballot question
  • Families for Excellent Schools
  • Fiscal Alliance Foundation
  • Fox News
  • Geoff Diehl
  • gun violence
  • Heritage Foundation
  • immigration
  • immigration policy
  • impeachment
  • international politics
  • Jim Davis
  • Jim Lyons
  • John Fetterman
  • Jon Keller
  • Jorge Elorza
  • Josh Kraft
  • Keller at Large
  • Kennedy-Markey
  • Keri Rodrigues
  • Keri Rodriguez
  • Koch Brothers
  • Koch Network
  • latin american politics
  • Lawrence Public Schools
  • Lee Corso
  • Liam Kerr
  • local politics
  • MA Senate race
  • marijuana
  • Mary Tamer
  • Mass Opportunity Alliance
  • Massachusetts Cannabis Control Commission
  • Massachusetts Democratic Party
  • Massachusetts education
  • Massachusetts Fiscal Alliance
  • Massachusetts K-12 Statewide Graduation Council
  • Massachusetts Ninth Congressional District
  • Massachusetts Parents United
  • Massachusetts Playbook
  • Massachusetts Politics
  • Massachusetts Republican Party
  • Massachusetts Teachers Association
  • Massachusetts Third Congessional District
  • Masslive
  • Maura Healey
  • MCAS
  • MCAS ballot question
  • media
  • Media Criticism
  • Michael Bloomberg
  • Michelle Wu
  • Moms for Liberty
  • National Parents Union
  • National politics
  • New England Politics
  • New Hampshire Politics
  • Newton public schools
  • Newton Teachers Association
  • Nicole Neily
  • Office of Campaign and Political Finance
  • oligarchy
  • One8 Foundation
  • Parents Defending Education
  • Parents United
  • Paul Craney
  • Pennsylvania Senate
  • Pioneer Institute
  • Police brutality
  • political parties
  • polling
  • presidentialism
  • Priorities for Progress
  • Project 2025
  • Protect Our Kids Future: No on 2
  • Protect Our Kids Future: No on Two
  • Ranked Choice Voting
  • Republican Party
  • Robert Kraft
  • Ryan Fattman
  • school privatization
  • Secretary Patrick Tutwiler
  • Senator Warren
  • SouthCoast
  • Springfield Republican
  • stroke
  • Students United
  • SuperPACs
  • Supreme Court
  • teachers unions
  • The Politics of Massachusetts Exceptionalism: Perception Meets Reality
  • Tiffany Justice
  • Tina Descovich
  • town meeting
  • Transportation
  • Uncategorized
  • unions
  • Voices for Academic Equity
  • voter suppression
  • voting regulations
  • voting rights
  • Walton family
  • Western Mass Politics
  • Your Future
  • Your Future SuperPAC

Follow me on Twitter

Tweets by @@MassProfs

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org
© 2025 | Powered by Minimalist Blog WordPress Theme