Mike Hasten

Louisiana

BATON ROUGE – Another state law was declared unconstitutional last week. But unless the Legislature specifically takes action to remove it, language allowing Louisiana State Police Col. Mike Edmonson to get a special boost in retirement will remain on the books.

A notation at the bottom of that specific section of law will say it’s been ruled unconstitutional.

This is just one of many pieces of legislation signed into law only to have a court later rule that it is null and void. Law books are littered with unconstitutional provisions but legislators have been reluctant to remove them.

State Sen. Dan Claitor, R-Baton Rouge, is a proponent of cleaning up the law books. His family for years has operated Claitor’s Bookstore and Publishing, which specializes in law books.

“As legislators, we took an oath to support the U.S. and state constitutions and uphold the laws,” he said. “If something erroneously gets in there. It’s our duty to strike it from the books.”

Claitor has tried to strike unconstitutional provisions, most notably a state law that requires that science classes must teach creationism along with evolution. It’s on the books as the “Balanced Treatment for Creation-Science and Evolution-Science Act,” which the U.S. Supreme Court threw out in 1987 in a landmark case known as Edwards v. Aguillard.

Each section of it on the Legislature’s website contains the following disclaimer: “NOTE: The Balanced Treatment for Creation-Science and Evolution-Science Act, R.S. 17:286.1 to 286.7, was held unconstitutional in Edwards v. Aguillard, La. 1987, 107 S.Ct. 2573, 96 L.Ed.2d 510.”

Other unconstitutional laws contain similar notations.

During debate over removing the Balanced Treatment Act, Sen. Ben Nevers, D-Bogalusa, argued that the U.S. Supreme Court might change its ruling someday, so the Legislature shouldn’t remove it. A majority of the Senate Education Committee agreed with Nevers, so Claitor’s bill failed, as it had before, this time with a 2-1 vote.

There’s been no methodical search for unconstitutional laws, but legislation authored by Sen. Rick Gallot, D-Ruston, and approved this year calls for the Louisiana State Law Institute to do a search and report to the Legislature. But the legislation calls for biennial reviews, so nothing will be suggested until 2016.

Gallot’s SB180 calls for the Louisiana State Law Institute to “make recommendations to the Legislature for the repeal, removal or revision of provisions of law that have been declared unconstitutional by final and definitive court judgment.”