Gov. Deval Patrick apparently thinks there should be only one branch of government - the executive. And if the democratic process gets in his way, he feels he can simply sweep it aside.
The governor had barely taken office last year when he was urging the Legislature to flout the state constitution to block a vote by the people on gay marriage.
And now, this past week, he poked a figurative stick in the eye of the Legislature as well, saying he hopes he can circumvent that body and unilaterally give an in-state tuition discount at state colleges to the children of illegal aliens in Massachusetts. Those rates would add a taxpayer-funded tuition subsidy of more than $8,000 each year per student at the University of Massachusetts Amherst.
The Legislature rejected an in-state tuition bill in 2006.
Even if Patrick can do this, he shouldn't. Even though the House and Senate are overwhelmingly from his own party, he shouldn't. Not if he wants to get much of anything done for the rest of his term. Perhaps Patrick can find a way to work around legislators on this issue, but he will not be able to work around them on everything.
There are passionate arguments on both sides of this issue. Those in favor of in-state tuition rates for the children of illegals say it will be a net benefit to the state, since they believe those students will eventually become productive, taxpaying workers. They say it is unfair to "punish" those children for a decision their parents made to come to this country illegally. They argue that students should be denied a college education just because they are not legal residents.
But just because somebody does not get a government subsidy does not mean he or she is being punished. A lack of a reward does not equal a punishment. And rewarding illegal behavior tends to lead to more of it.
These students have already received a considerable state subsidy, in the form of a free public education through grade 12. There is no "right" to free or subsidized higher education.
Beyond that, it is not as if those students are being denied admittance to state colleges - they are simply not getting the subsidy provided to citizens of Massachusetts. If Patrick succeeds in giving them that subsidy, he will be giving them a reward that a U.S. citizen from New Hampshire or any surrounding state does not get.
At a time when Patrick is talking about a budget deficit of $1.3 billion and looking for ways to raise taxes or fees, it is hard to fathom why he thinks it is a prudent use of state resources to hand over millions in subsidies to illegal residents.
In any event, this is the kind of debate that belongs in the Legislature. If Patrick wants to reward illegal residents, let him file a bill and then make a public defense of it before those legislators elected by the voters to represent them.
Patrick was elected governor, after all, not king.