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CA: Court's help eyed in budget impasse
Sac Bee ^ | 7/17/03 | Alexa H. Bluth

Posted on 07/17/2003 8:14:01 AM PDT by NormsRevenge

Edited on 04/12/2004 5:52:46 PM PDT by Jim Robinson. [history]

State Superintendent of Education Jack O'Connell plans to ask the California Supreme Court to intervene in the state's budget standoff and ease the way for tax increases to minimize school cuts, a spokesman said late Wednesday.

O'Connell is expected to announce today that he plans to file a petition like that of GOP Nevada Gov. Kenny Guinn, which led that state's Supreme Court to lift strict requirements, similar to those in California, to enact tax hikes.


(Excerpt) Read more at sacbee.com ...


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government; Politics/Elections; US: California
KEYWORDS: budget; calgov2002; courts; eyed; help; impasse

1 posted on 07/17/2003 8:14:06 AM PDT by NormsRevenge
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To: Ernest_at_the_Beach
Shades of Nevada ping
2 posted on 07/17/2003 8:17:19 AM PDT by NormsRevenge (Semper Fi ...&&&&&&&&&... SuPPort FRee REPublic)
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To: NormsRevenge
Barf!
3 posted on 07/17/2003 8:17:19 AM PDT by hauerf
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To: All

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4 posted on 07/17/2003 8:19:14 AM PDT by Support Free Republic (Your support keeps Free Republic going strong!)
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To: NormsRevenge
Leftist will do anything so they can remove your life, liberty and property from your care.
5 posted on 07/17/2003 8:21:11 AM PDT by snooker
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To: NormsRevenge
This trend needs to be slapped down hard. To have political activist judges ruling that some parts of the Constitution or some perceived social problem can outweigh other parts of the Constitution is just plain wrong and very dangerous.

It is only a step away from the SC ruling that the "welfare clause" allows the government to take your guns because the benefit of public security outweighs your RKBA.
6 posted on 07/17/2003 8:26:48 AM PDT by Blood of Tyrants (Even if the government took all your earnings, you wouldn’t be, in its eyes, a slave.)
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To: NormsRevenge
The liberals just love to legislate through the judiciary because their ideas are not supported by a majority of voters. They have to get, from unelected judges, what they can'y get the proper way from the general public.
7 posted on 07/17/2003 8:39:51 AM PDT by capt. norm (A fool and his money are some party!)
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To: NormsRevenge
An injunction has been placed against the SCONV ruling by a Federal Court. Those bringing the lawsuit claim that their due process rights were violated because the 2/3 law to raise taxes that voters approved was negated.

If O'Connell prevails with the SCOCA, two laws would have been negated -- the law requiring a 2/3 majority to raise taxes AND the law requiring a 2/3 majority to pass a budget.

But what the hey, laws seem to be meant to be ignored or changed by the judicial branch, judging from recent rulings.
8 posted on 07/17/2003 9:26:08 AM PDT by randita
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To: NormsRevenge
Gut Proposition 13 without repealing it. That's Jack O'Connell's strategery - in the name of aiding the chirrun.
9 posted on 07/17/2003 9:31:14 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: randita
It looks like the West's future holds lots of Recalls of state officers and judges, as permitted by law.

For such a small group of judges to be allowed to operate in this fashion is ill-advised and clearly an abuse of power. The people will not stand for it... imo

10 posted on 07/17/2003 9:50:15 AM PDT by NormsRevenge (Semper Fi ...&&&&&&&&&... SuPPort FRee REPublic)
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To: NormsRevenge
Mega dittos!
11 posted on 07/17/2003 9:51:23 AM PDT by NEWwoman
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To: NormsRevenge; *calgov2002; PeoplesRep_of_LA; Canticle_of_Deborah; snopercod; Grampa Dave; ...
Damn crooks!

calgov2002:

calgov2002: for old calgov2002 articles. 

calgov2002: for new calgov2002 articles. 

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12 posted on 07/17/2003 10:21:33 AM PDT by Ernest_at_the_Beach (Recall Gray Davis and then start on the other Democrats)
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To: NormsRevenge
The judiciary of this country is going to lead the people down the road to violent revolution if certain jurists continue an indirect exercise in mandating budget priorities.

Suppose the California Supremem Court moves to quash the two-thirds requirement for raising taxes and the Democrat controlled legislature passes tax increases. Suppose further that the people of the state in the years ahead vote into office as a result of disgust with high taxation a legislature that passes major tax and spending cuts.

What will O'Connell and the education union lawyers do then? Will they then proceed to have the judiciary decide spending priorities? Or worse, would the judiciary mandate spending levels, ergo tax rates?

The case for Nevada should never have been heard. The question of priorities in budgeting is a question of allocations and limitations that falls to the legislature and executive, never the judiciary.

Once the judiciary and its minions begin to dictate decisions regarding taxation, the government becomes a dictatorship. These ruminations and threats of having the judiciary decide questions of taxation bring the state closer to tyranny. We all know what happens then.
13 posted on 07/17/2003 10:41:44 AM PDT by Hostage
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To: NormsRevenge
Second Amendment bump.
14 posted on 07/17/2003 1:51:25 PM PDT by Lancey Howard
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To: Canticle_of_Deborah
Gutting Prop 13
15 posted on 07/17/2003 2:22:32 PM PDT by nickcarraway
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To: NormsRevenge
Agricultural Personnel Management Program
University of California

CA agencies

California Laws and Regulations

Legislative Activity

Statutes

Selected Administrative Regulations

Court Decisions


APMP Home
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16 posted on 07/17/2003 3:53:19 PM PDT by vannrox (The Preamble to the Bill of Rights - without it, our Bill of Rights is meaningless!)
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To: NormsRevenge; Ernest_at_the_Beach
As you know I have been saying on these threads that the courts will be the final arbiter because the 'Rats have steered it in that direction knowing programs will be maintained at the expense of the working class...
17 posted on 07/17/2003 5:09:53 PM PDT by tubebender (FReepin Awesome...)
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