Republicans vow to reject bills until court limits approved

[atommom]

Topeka — A standoff emerged Sunday as conservative Republicans vowed not a penny more for schools until the House approves a constitutional amendment that would prohibit the Kansas Supreme Court from ordering lawmakers to increase school funding.

The maneuvering occurred on Day 5 of the special legislative session called by Gov. Kathleen Sebelius after the state Supreme Court told lawmakers to increase school funding by $143 million, setting Friday as the deadline.

Tensions continued to rise Sunday and political rhetoric grew more strident as the day ended with little accomplished. Today, the Senate returns and will open up discussion on a proposed 8.3 percent state budget cut to fund an increase for schools.

Instead of complying with the court order, a number of Republicans have said the court overstepped its authority.

http://www2.ljworld.com/news/2005/jun/27/republicans_vow_reject_bills_until_court_limits_ap/?school_finance

[No Michael Savage]

1. They have a point....

I support more school funding as much as anyone here, but when did a court become able to order the legislature to do anything? They are suppose to only be allowed to strike down laws once they're passed. This violates the separation of powers.

[Fovea]

3. Well

Kansas City courts ruled that KCMO public schools needed to enforce a desegregation plan, for one example.

I think there is probably other precident for judicial order to legislative bodies to correct activities that have a negative effect on their jurisdictions.

This may be the far side of the bell curve, but it does have precident, IMO.

[beyurslf]

6. The KSSC is to enforce the Constitution of the state, which requires that

proper funding be given to Kansas schools. The Court did not arbitrarily come up with a number to order the Legislature to use; rather, they took the funding number from a commission that was brought together by the Legislature to determine the proper finding level for education. When the commission didn't give the answers they wanted, the legislature just ignored it. The Court ruled that the legislature MUST fund schools. If they do not want to use the decision of the commission, they must show why and how they determined the proper amount of funding.

The court has done exactly what they are supposed to do" enforce the state's Constitution.

[cornermouse]

2. Punish your kids!

Its the old "make our kids suffer to get even with the judges" maneuver.

Way to go, Kansas!

[left is right]

4. i say call their bluff

nothing good has ever come out of a repuke run state house, anyway. And when schools can't start back because there are no operating funds--surely parents will make them restore funding.
Democrat members of the state house should call on a daily basis for a vote on increasing funding. Even if no quorum can be reached.

[atommom]

5. It is an interesting case. The state constitution does say they have

to adequately fund education, so the SC does have a legal basis for stepping in. But the conservatives are frothing at the mouth because they fear they will lose their "conservative legacy" of holding down spending and taxes. Those of us who think our educational system has been hurt by their policies are still trying to fight back. And wouldn't you know, Phill Kline is getting involved in the fight too.

Of course, some legal scholars and legislators find the conservatives' apocalyptic rhetoric overheated.

"I basically find it disappointing that they don't understand that the court is acting on the basis of the evidence that was presented to it and responding to what is its obligation, which is to interpret the constitution," said Bill Rich, a law professor at Washburn University in Topeka.

As for any constitutional crisis, Rich blames the conservatives: "They are perfectly capable of creating a constitutional crisis. If the Legislature defies the court, that creates a significant constitutional problem, but it's of their own making."

But for conservatives such as Huelskamp, much is at stake. That's why he and others, including Attorney General Phill Kline, are pushing proposed constitutional changes.
Kline has told lawmakers that if they don't confront the issue of the power the court has assumed for itself, legislators will lose their authority to set educational policy.

And for conservatives, that's a particularly scary thought.

http://www.kansascity.com/mld/kansascity/news/politics/capitol/11993904.htm?template=contentModules/printstory.jsp

[hfojvt]

7. can we send in $58?

That is the per capita cost of $143 million.
It is not that I do not pay enough state taxes, especially considering that I pay taxes on my KPERS contributions, pay sales taxes on my food and do not qualify for the rebate, do not get a homestead credit, and so on, but we are not talking about an earth-shattering amount of money here.

[ComerPerro]

8. Wouldn't be a bad idea if we could get a guarantee that

it would go to education, and not some corporate tax break or fundimentalists campaign to fund creationism.