ArchPundit

Fritchey jumps in with some ways that the Governor might try and pull this off:

First, while the Governor clearly has the authority to line item veto spending measures, I do not believe that he has the authority to reappropriate those funds elsewhere..

And I’m not picking on the Representative here, but this is a common problem with people’s understanding of the State and the National Constitution. The Legislature is given the power to appropriate money no ifs, ands, or buts. Sometimes the Lege will give the executive some room in how to appropriate money, but the money is always appropriated from a legislative source. Delegating that authority for very practical reasons does not change that fact.

One way that I think that he might try to do this (and I’m simply thinking out loud here, sort of) is via an agency reorganization. This would be an extraordinarily convoluted means of attempting to reach his goal, and I’m not sure that it would work in any event, but I just can’t think of another means by which he could do it. (Another reason that this wouldn’t make sense is that, if I am interpreting this section correctly, the House could nullify the Executive Order with a simple majority.)

And here, Fritchey is right. Except he’s not confident enough to say, it just ain’t gonna work.

SECTION 11. GOVERNOR – AGENCY REORGANIZATION
The Governor, by Executive Order, may reassign functions
among or reorganize executive agencies which are directly
responsible to him. If such a reassignment or reorganization
would contravene a statute, the Executive Order shall be
delivered to the General Assembly. If the General Assembly is
in annual session and if the Executive Order is delivered on
or before April 1, the General Assembly shall consider the
Executive Order at that annual session. If the General
Assembly is not in annual session or if the Executive Order
is delivered after April 1, the General Assembly shall
consider the Executive Order at its next annual session, in
which case the Executive Order shall be deemed to have been
delivered on the first day of that annual session. Such an
Executive Order shall not become effective if, within 60
calendar days after its delivery to the General Assembly,
either house disapproves the Executive Order by the record
vote of a majority of the members elected. An Executive Order
not so disapproved shall become effective by its terms but
not less than 60 calendar days after its delivery to the
General Assembly.
(Source: Illinois Constitution.)

Blagojevich can move money around the same agency and such, but any move he makes is restricted by the Illinois Constitution and the Illinois Administrative Procedures Act.

This is a bluff and it should be called. It’s an incredibly bad precedent and cannot stand.