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The Spectacle Blog
Ah those Minnesota Democrats. When you thought they were manipulative, here come the judges. Back in May, the Wall Street Journal called Minnesota’s Governor Tim Pawlenty “deft and amusing” when he showed his state legislature who’s boss by exercising the power of “unallotment,” at the end of the legislative session.
Well it’s baaack.
I raved about the decision here but in sum: Local Dems sent Pawlenty a load of spending bills at the 11th hour to force Pawlenty into a special session and negotiate. He didn’t and instead called up this unallotment phrase from dusty legal documents of old. Essentially it said the governor is allowed to take away any state spending for which there is no money to pay. This brilliant move on Pawlenty’s part enabled him to balance the budget and actually reduce the size of the state’s government.
Fast forward to December. Last Wednesday, according to the Star Tribune, Ramsey County District Court Judge Kathleen Gearin “ruled on a lawsuit by recipients of a low-income nutrition program, whose funding Pawlenty cut using a power called unallotment.” Apparently she “ordered $5.3 million in funding for the program reinstated pending a hearing in March.”
As you can imagine, Pawlenty’s not too happy about that on multiple levels. At a news conference, he said the judge had “inserted herself into a political dispute” and “that degree of involvement by the court is concerning, to say the least.”
I’m no lawyer but it sounds to me like the judge is making up legal reasons to interfere in what was a controversial—yet did I mention, brilliant?—political decision.
The political and legal battle will be yet another reason to watch Tim Pawlenty.
View all comments (29) | Leave a comment
More Blog Posts by Nicole Russell
http://spectator.org/blog/2010/01/02/puttin-up-a-fight
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Pingback| 1.2.10 @ 11:19AM
Twitter Trackbacks for The American Spectator : AmSpecBlog : Puttin' Up A Fight [spe links to this page. Here’s an excerpt:
Northern Virginia Patriot| 1.2.10 @ 11:40AM
Your article sounds like a Tim P press release. At a time when the left boldy seizes the economy 1 piece at a time, timid Tim's inside baseball moves will not bring the enthusiasm and resolve needed to roll back Obama style socialism. We need more boldness - something Tim lacks.
Now if he came out and ended government school control (public schools) or fought to remove the EPA on the grounds that their Co2 emissions should be the first to stop, then we'd have something - timid Tim doesn't do it.
Bob| 1.2.10 @ 12:38PM
Nicole, while your sentiment is sound, i.e., we need to cut spending, your argument is weak. The Minnesota statute was designed for EMERGENCY budget problems -- and this is not one of them as it was known for several months. It is a true separation of powers issue. The Governor cannot pass bills -- but if he vetoes the legislative bills and then uses this process, that is exactly what he is doing -- he is negating the legislative branch. If he is allowed to do that, then the balance of powers -- the hallmark of our Constitution -- is negated. You cannot be a constitutionalist and agree with this action.
The basic argument of those of us who are libertarian leaning fiscal conservatives, is that government is going beyond the bounds of the Constitution and must be scaled back. Pawlenty is violating that covenant. That's why those of us who are rather strict constitutionalists even regard limitations on gay marriage and abortion as unconstitutional.
martin j smith| 1.3.10 @ 8:38AM
Excuse me, but our nation is in emergency economic mode right now. And, if you are so concerned about spending or constitutionality there are loads of things that Obama and his administration are doing that are NOT CONSTITIONAL in oppinion.--
The individual mandate to by healthcare is just one.
Mike M| 1.2.10 @ 6:11PM
Judge Gearin's just feeling her oats coming off her legal work during the Frankin recount.
MikeN| 1.2.10 @ 6:47PM
How about he ignore the judge and not spend the money?
besthdsoft | 1.2.10 @ 9:05PM
Thank you so much for this post, it was very insightful!
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martin j smith| 1.3.10 @ 8:35AM
If you are a judge and you read about criticism of judicial decisions from voters--don't cry to me about the judiciary not getting respect. Tough nuggies--you deserve the disrespect you get.
Checks and balances.? The only checks we have are rubber. The only scales we have are unbalanced. Keep focusing on bad judcial. behavior
Richard Baker| 1.3.10 @ 1:07PM
If I were the governor, I'd tell Her Majesty that she has no authority whatsoever to dictate the spending of revenue. If she disagrees, then pick a Constitutional fight and put her on the spot. This judicial legislation has to stop. These judges are unelected and unaccountable, for all practical purpose. It's waaay past time for the People's representatives to combat this abuse of these judicial offices. Does anyone remember the Federal judge ORDERING Kansas City years ago to spend billions by raising taxes for the public schools? Money that went down a rathole and this cowering in the presence of the judiciary must cease. Otherwise, why do we celebrate Independence Day on the 4th of July?
Yosemeti Sam| 1.3.10 @ 9:02PM
Pawlenty is a wuss!
And, how far away is a wuss from a RINO?
Witness his Frankenstein moment via the creature he wussfully allowed snatch a US senate seat. Lousy governorship!
Moving along:
In the old West, there was a fearful prospect - a 'hanging' judge.
Come now their offshoots - aka 21st Century Judge Roy Beans - stringing up state
and federal Constitutions via their activist/usurpation MO.
Constitutions - state or federal - are of the people, by the people and for the people. Judges are not in that vein - people.
Throw activist judges into sandboxs and let them pound sand for all their dictatorial penchants.
Richard Baker| 1.3.10 @ 9:30PM
Yosemeti Sam:
Agreed about Pawlenty. At least with Ventura we had a better show. Regardless, send Pawlenty an angry-gram via the Minnesota State website. Let him know that you are not amused. Keep up the Drumbeat.
rt| 1.4.10 @ 12:24PM
right on Yosemite,pawlenty is nothing but a RINO who believes in global warming. go find another career pawlenty you are finished. try changing parties you may just win something.