Why Sen. Robyn Kennedy Says the Legislature Audit May Face a Constitutional Challenge

“The will of the voters on ballot initiatives cannot supersede the constitution.”
Representative Robyn Kennedy

By-Hank Stolz

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Worcester, MA- State Senator Robyn Kennedy discussed the growing debate over auditing the Massachusetts legislature during a visit to Worcester’s Sherwood Diner, while also addressing the state’s role in offsetting the city’s $35.5 million sewer payment to Holden. Kennedy emphasized that while transparency is critical, constitutional limits must guide how oversight is carried out.

What most listeners wanted to hear about was where she stood on the controversial audit of the state legislature; Senator Kennedy argued for the necessity of a Supreme Court ruling on the constitutional separation of powers before proceeding.

She stated that while she respected the will of the voters who passed the ballot initiative, there was a legitimate constitutional question regarding the separation of powers that needed to be resolved by the Supreme Court. She distinguished between a financial audit, which she said already occurs annually, and an audit of the legislature’s internal operations, which she argued could be an overreach by the executive branch. She says; “The will of the voters on ballot initiatives cannot supersede the constitution. And there are times when a ballot question could conflict with the constitution.” “I’m making a very clear distinction between the operations of the legislature, which is a separation of powers issue that needs to be evaluated… That is of concern to me. And that’s where I think the nuance of this stands.”

While talking about the nuance of her position, Kennedy did say, “I think the audit is a very broad term for our residents, our constituents wanting to know more about what we’re doing. I couldn’t agree with that more. That’s part of why I ran, because I think people need to know what’s happening in state government.”

She also spoke on her top priorities going forward including passing the “Protect Act” to support immigrants by creating safe spaces and an omnibus bill to reform child welfare and make children safer in the commonwealth.