SJR 2 has passed the Senate on a vote of 42-7. The popularity of this constitutional amendment baffles me a little. I can’t really figure out what it’s doing, and I doubt legislators can either. Why they want to muck up our founding document with this is beyond me. I guess no one wants to be the legislator who votes against hunting and fishing.
Section 39. (a) The right to hunt, fish, and harvest wildlife:
(1) is a valued part of Indiana’s heritage; and
(2) shall be forever preserved for the public good
(b) The people have a right, which includes the right to use traditional methods,to hunt,fish, and harvest wildlife,subject only to the laws prescribed by the General Assembly and rules prescribed by virtue of the authority of the General Assembly to:
(1) promote wildlife conservation and management; and
(2) preserve the future of hunting and fishing.
(c) Hunting and fishing shall be a preferred means of managing and controlling wildlife.
(d) This section shall not be construed to limit the application of any provision of law relating to trespass or property rights.
A few questions:
1. What does it mean to say “The right to harvest wildlife shall be forever preserved for the public good”?
2. What are “traditional methods?” Whose traditions. At what point in time? Can we develop new traditions? Can old traditions become non-traditional in some fashion?
3. If hunting and fishing are the preferred means of managing wildlife, can non-preferred methods be used where they are more effective or more desirable in some fashion? If so, what’s the point of this provision?
4. If the section is not construed to limit trespass or property rights, what laws or rights are limited?
When I was drafting legislation, I liked to try to make it clear – when I was given the latitude to do so – as to who got to do what to whom under what circumstances. Here, I have no idea.
At best, it does nothing. The middle option is that it opens up a can of unintended consequences. The worst is that there is something nefarious I don’t see.