Constitution may favor GOP governors in stimulus standoff

[babylonsister]

Constitution may favor GOP governors in stimulus standoff

By James Rosen | McClatchy Newspapers


WASHINGTON — A new nonpartisan congressional report to be released on Wednesday raises constitutional questions about whether state legislatures have the power to seek economic-stimulus funds that their governors reject.

Such questions could imperil stimulus funds for South Carolina and Texas, whose governors have said that they'd reject some of their states' share of the money.

The report by the Congressional Research Service, the nonpartisan research arm of Congress, casts doubt on a key provision of the $787 billion stimulus bill that President Barack Obama signed into law last month, according to people familiar with the report, who couldn't be named because they weren't authorized to discuss it publicly.

The clause, aimed at bypassing governors who oppose using deficit spending to jolt the economy, authorizes a state's legislature to apply for the stimulus funds if its governor fails to do so within 45 days of the stimulus measure's Feb. 17 enactment — by April 3.

That provision could be challenged over whether it blurs the constitutional separation of powers between executive and legislative branches of state government.

The South Carolina Senate Finance Committee voted 18-3 on Tuesday to pass a measure authorizing the state General Assembly to seek the stimulus funds if Republican Gov. Mark Sanford fails to act.

The Congressional Research Service report raises concerns that such a move by the legislature could usurp Sanford's executive power.

more...

http://www.mcclatchydc.com/251/story/64213.html

[nxylas]

1. Arse

I live in SC, and I propose a new verb: to Sanford, meaning to royally screw over for the sake of political ambition. Looks like we're about to get Sanforded.

[Fearless]

2. Well...

Guess who's losing their job next election!

[Kookaburra]

3. Isn't that Sanford clown up against term limits anyway?

Probably why he's doing it -- going to run for something else after this term is over and he wants to say "I declined the stimulus package." What a fool.

[Fearless]

4. No idea...

But I'm sure if he's got some supporters in-state, that they're going to be looking for new jobs as well. That is if everyone gets their stuff together.

[babylonsister]

6. I've heard he wants to run for prez. He's got a funny way of going

about it.

[WI_DEM]

5. let them reject it and take it up with voters, and in meanwhile other states that want the $ can

have it.

[blue_onyx]

8. I completely agree....my state will be glad to take some of the money

[Winterblues]

7. While I agree for Congress to make such a law is questionable but

For the State Legislatures to take it up on their own certainly is not. I believe in every state the Legislature can overrule the Governor by a two thirds vote. I think Congress just needs to make it a suggestion instead of Law. I think it is indeed unConstitutional the way it is written. But I am not a Constitutional Lawyer or Scholar, just have an opinion.