Welcome home, fellow Gator.

The Gator Nation's oldest and most active insider community
Join today!

Should legislative or executive privilege be allowed for a bill?

Discussion in 'Too Hot for Swamp Gas' started by G8tas, Oct 12, 2022.

  1. G8tas

    G8tas GC Hall of Fame

    4,460
    902
    453
    Sep 22, 2008
    Let's say the Legislative works with the Executive branch to draft a bill. There's this time there is communication between both messages via email and text messages. The bill is passed and a lawsuit is filed. In your opinion should those branches have the ability to claim privilege to prevent their communication from being made public?
     
  2. tampagtr

    tampagtr VIP Member

    17,553
    2,782
    1,618
    Apr 3, 2007
    No, undermines the meaning of Exec privilege, which is premised on separation of powers. This issue is currently being litigated in the Florida redistricting litigation.


    Now here's the argument for. Not saying I agree, just stating it.


    We don't really live under the separation of powers principles articulated in the federal Constitution and replicated in most state constitutions. Various branches of government do not really work at odds if they are of the same party. It certainly is the case here in Florida. I don't know if I ever recall an example of a separate branch of government being so subservient as the Florida legislature is to the Governor. So you could make that high-level political science argument.


    Except….


    Redistricting is one of the examples where the Florida Legislature actually trying to stand up to the Governor, only to buckle under. They actually had a map that was conceded to be legal by all sides and would not have been challenged. DeSantis basically decided he wanted a fight, wanted to establish his national political bona fides by showing his racism, and forced through a more aggressive map which the Legislature capitulated on, producing litigation.
     
  3. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    I think every discussion by our elected officials revolving around crafting legislation that impacts us should be posted on a website for all to view. Text. Email. Carrier pigeon. All of it.
     
    • Agree Agree x 2
  4. tampagtr

    tampagtr VIP Member

    17,553
    2,782
    1,618
    Apr 3, 2007
    • Informative Informative x 1
  5. wgbgator

    wgbgator Premium Member

    29,780
    1,840
    1,968
    Apr 19, 2007
    Yeah, not at all. Executive privilege is basically made up, so of course people with power try to broaden what it covers, in this case concealing their own backroom dealings which probably expose self-serving, racist or corrupt intent.
     
    • Agree Agree x 2
  6. G8tas

    G8tas GC Hall of Fame

    4,460
    902
    453
    Sep 22, 2008
    Very strange that they are attempting to hide things
     
  7. gator_lawyer

    gator_lawyer VIP Member

    16,833
    5,778
    3,213
    Oct 30, 2017
    Absolutely not.
    Yes, very strange. Why would they not want everything out in the open? It's almost like they were doing underhanded/illegal things. But our state government would never!