The Rules Committee of the Minnesota House of Representatives has approved resolution R19a which allows for a brief of amicus curiae to be filed supporting a lawsuit challenging budget unallotments made by the administration of Governor Tim Pawlenty. An amicus curiae brief, also known as “friend of the court,” is filed by a group which has a strong interest in the legal matter and offers information to assist the court in its deliberations.
“Members of the Minnesota House feel strongly that we need to address the important issues raised by this case,” said House Majority Leader Tony Sertich. “The plaintiffs are arguing that the governor did not follow the law when he resorted to unallotment in this instance. We believe it is important that the court understand we agree with that argument.” [TPT]
Well, it’s about time. The legislature should have been involved in the lawsuit from the beginning as the Governor’s power grab gives him legislative powers nearly on par with legislators themselves. This is a major constitutional issue: The balance of power must be restored. I know the Republicans don’t see this in their current position, but the lawsuit is as important to them as it is to Democratic lawmakers. One day, the positions will be switched, with a Democratic governor and Republican legislature. At that time, I can guarantee you that the Republicans will want the law settled on just how much legislative power our Governor has.
None of this would have happened if the legislature would have done their jobs in the first place! Why can't the DFLers in the legislature understand they had the power to legislate this matter and squandered it? Now according to the MN state constitution, the Governor has to clean up their mess.
Again with the "blame the Legislature" talking point. It's not worth arguing that one again.
I will, however, point out that the Governor's cleaning up of the mess in this situation seems to be limited largely to calling a special session. Unallotment (which is not a constitutional power of the Governor, but a statutory creation) is limited to unforeseen situations.
Again, what is the legal alternative to unallotment to balance the budget if the executive and legislative branches refuse to agree to bills that create the constitutionally mandated balanced budget. A special session only prolongs the negotiations and is in no way a resolution in itself. On top of that the constitution only allows the governor to call a special session. So far nobody has provided a better (more legal) alternative to what happened. The fact that the set up to unallotment was provided to the governor when the legislature provided bills that spent more than the state had in revenue means that the legislature did play a vital role in the process.
Spin away, cleftor. That's you right-wingers' raison d'etre, after all.
What job didn't they do? They passed balanced bills (albeit at the last minute) and sent them to the governor. He played games with what he signed, didn't sign, and later vetoed.
This is good for Minnesota AND good for Pawlenty. The good or bad for Minnesota is already being discussed. No one has addressed Pawlenty's good fortune handed to him by the DFL. Tim Pawlenty is going to spend the next year fighting the tax and spend hungry liberals, and a liberal court, defending his conservative principles. That's how it will be spun nationally and he may finally climb up to Palin status in his quest for the White House. He's already backtracked on Climate Change. The guy is a midget Mitt Romney. There is no position that he won't backtrack on to pander to the Wingers.
It is an open secret that the November forecast will show another deficit. I look forward to the Democrats asking the Gov. to call a special session to they can present their own plan to address the deficit….
The Legislature's actions or inactions don't affect the constitutionality of the unallotment here. The more legal alternative would have been for the Governor to call a special session, and to continue to do so until a balanced budget is passed.
If the Governor refuses to call a special session, I suppose he could be recalled for dereliction of duty. There does not appear to be any constitutional remedy for obstinance, as there is no constitutional duty to concur.
Is that your way of saying that you don't see any legal alternative either? I would think that if you possessed an actual idea you might have tried posting it.