August 2007

Stupid or Insane

ArchPundit August 14, 2007 4 Comments

Krol has a very good update on what the Governor’s people are saying:

I just spoke to a Blagojevich aide who told me the plan is to take the $500 million vetoed out of the budget and spend it on health care. I questioned the constitutionality of that — it would seem once the line items are vetoed out, the spending authority goes away — but was told that the administration says that’s the plan. The spending authority is still there and the money is in the general revenue fund, the administration argues. Time to crack open the Illinois Blue Book and read the Illinois Constitution for the fourth time today.

I’m online and I can do the searches a bit easier in this case and let me say, bullshit.  They either are stupid or insane to believe such a thing.  This isn’t even a question a court would consider seriously.  I have no idea what the Administration is thinking, but at least the JCAR line was plausible, though I still think, but losing strategy as well. This is just making up crap and hoping it sticks to something.  Imagine the fun Jim Thompson could have had with this kind of authority.
Rich is, of course, tracking most of the reactions–forgot to link as I started to fire off missives.

Agency Reorganization Will Not Produce the Money

ArchPundit August 14, 2007 0 Comment

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.

Krol’s Take on How Rod Can Do This

ArchPundit August 14, 2007 0 Comment

Krol gets the idea of what Blagojevich is doing right, but the politics are a bit off:

Blagojevich will use his executive powers to expand health care programs for the poor and uninsured. Here’s how he gets around the fact that he cannot by law spend the $500 million in special projects he plans to veto: Blagojevich spends the Medicare money lawmakers have authorized and then lets the bills pile up. The governor either comes back and asks for more money when the Medicaid spending power runs out before the end of the fiscal year, or the bills get paid out of the next year’s budget. The governor can do this because most of his health care expansions were passed into law without a lot of details. The specifics were hashed out at an obscure rules-making body later. That same body will consider Blagojevich’s new health-care expansions. The only way to block it would be for House Speaker Mike Madigan, House Republican leader Tom Cross and Senate Republican leader Frank Watson to have their members team up to shoot down the rules changes.  That opens them up to a rhetorical barrage from Blagojevich that they’re blocking health care for “working people.” But it’s unclear whether the public would be able to grasp all this by that point.

Given this is a public strategy, Blagojevich shot himself in the foot because assuming he can get past JCAR–and I doubt he can, the Courts would have a clear intent of his actions spelled out–and Blagojevich is saying he is appropriating money–something he is forbidden to do. His new rules will be hit with injunctions and then heard in court. The evidence is clear that he’s trying to appropriate money contrary to what the Legislature passed. He cannot do that and a court can use this sort of strategy as evidence of intent and thus, evidence that it was not simply delegated authority.

Krol thinks this works in Blagojevich’s favor because he can rail against the Leaders. Typically Krol would be right, but right now, Blagojevich is taking a pounding everywhere and what it looks like to most voters is that he is arrogant and evading the Constitution/law. And he is.

Rod Goes for a Constitutional Crisis

ArchPundit August 14, 2007 0 Comment

Interesting way to make matters worse.

Let me explain very simply.

(b) The General Assembly by law shall make
appropriations for all expenditures of public funds by the
State. Appropriations for a fiscal year shall not exceed
funds estimated by the General Assembly to be available
during that year.

=====

SECTION 9. VETO PROCEDURE
(a) Every bill passed by the General Assembly shall be
presented to the Governor within 30 calendar days after its
passage. The foregoing requirement shall be judicially
enforceable. If the Governor approves the bill, he shall sign
it and it shall become law.
(b) If the Governor does not approve the bill, he shall
veto it by returning it with his objections to the house in
which it originated. Any bill not so returned by the Governor
within 60 calendar days after it is presented to him shall
become law. If recess or adjournment of the General Assembly
prevents the return of a bill, the bill and the Governor’s
objections shall be filed with the Secretary of State within
such 60 calendar days. The Secretary of State shall return
the bill and objections to the originating house promptly
upon the next meeting of the same General Assembly at which
the bill can be considered.
(c) The house to which a bill is returned shall
immediately enter the Governor’s objections upon its journal.
If within 15 calendar days after such entry that house by a
record vote of three-fifths of the members elected passes the
bill, it shall be delivered immediately to the second house.
If within 15 calendar days after such delivery the second
house by a record vote of three-fifths of the members elected
passes the bill, it shall become law.
(d) The Governor may reduce or veto any item of
appropriations in a bill presented to him. Portions of a bill
not reduced or vetoed shall become law. An item vetoed shall
be returned to the house in which it originated and may
become law in the same manner as a vetoed bill. An item
reduced in amount shall be returned to the house in which it
originated and may be restored to its original amount in the
same manner as a vetoed bill except that the required record
vote shall be a majority of the members elected to each
house. If a reduced item is not so restored, it shall become
law in the reduced amount.
(e) The Governor may return a bill together with
specific recommendations for change to the house in which it
originated. The bill shall be considered in the same manner
as a vetoed bill but the specific recommendations may be
accepted by a record vote of a majority of the members
elected to each house. Such bill shall be presented again to
the Governor and if he certifies that such acceptance
conforms to his specific recommendations, the bill shall
become law. If he does not so certify, he shall return it as
a vetoed bill to the house in which it originated.
(Source: Illinois Constitution.)

The Governor can reduce or veto money in an appropriation, he cannot, appropriate money for another purpose. It is simply unconstitutional.  This is the same fight with Bush and his clearly unconstitutional signing statements where the Executive takes  a power that is clearly delegated to another branch and assumes it. It is an impeachable offense.  Regardless of the policy or the politics, it’s a danger to the institution of government itself and it’s shameful in Jones is going along with this.