Thursday, January 16, 2014

Time to tell the State Supreme Court to pound sand.

In an effort to provide cover to democrats in an anti-tax increase election year, the state Supreme Court made up some sort of scam to demand then legislature increase taxes an impossibly high amount to fund McCreary.


Here's the thing: The Legislators all have three things going for them: first, legislative immunity.
Article 2, Section 16:

SECTION 16 PRIVILEGES FROM ARREST. Members of the legislature shall be privileged from arrest in all cases except treason, felony and breach of the peace; they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session.
The end.  The Court has no ability to order the Legislature to do ANYTHING, and that possibly even included the entirety of McCreary.  Enforcement is the thing, you see... and they have none.

Second, the legislature has the power of the purse: the ability to cut the Supreme Court's budget if they are so inclined and do it in such a way that the governor can't veto it.

Third, if the Legislature caves on this issue by abrogating their authority to the Court on these issues, then they may as well get ready for the Court to ram any policy issue through they like... which, like taxes... is not their job.  Acquiesce... and this will just be the start.

Here would be Majority Leader Hinton's response:
"We appreciate the Supreme Court weighing in, and we'll take their letter under advisement.  But if we need their advise on taxes... how much to raise and when?

We'll ask for it."

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