Don’t get your hopes up
Thursday, Jun 23, 2016 - Posted by Rich Miller
* Hmm…
Illinois cities, hospitals, public schools and nonprofit agencies should sue Gov. Bruce Rauner and state lawmakers if they can’t adopt a balanced budget by July 1, said [Rockford] Mayor Larry Morrissey.
Suing Illinois’ executive and legislative branches for failing to pass and sign a balanced budget may seem like a crazy idea. But crazy is the new normal in Illinois, where lawmakers’ inability, or perhaps unwillingness, to adopt a budget for nearly a year is claiming new victims with each passing week. […]
“If there isn’t a budget passed by end of June, I don’t want to see the state go through the same dynamics of last year when everybody and their brother was bringing lawsuits forward to force the state to pay for this or pay for that,” Morrissey said. “My preference would be one lawsuit that’s brought by everybody that asks a judge to hold lawmakers and the governor accountable for their constitutional duty to pass a balanced budget.
“The state constitution says the legislative branch needs to adopt a balanced budget,” he said. “They need to do their job. I think there’s a great constitutional case that could be brought to settle this matter.”
Does the Constitution really require the legislative branch to pass a budget every year?
* Let’s go to the Constitution…
SECTION 2. STATE FINANCE
(a) The Governor shall prepare and submit to the General Assembly, at a time prescribed by law, a State budget for the ensuing fiscal year. The budget shall set forth the estimated balance of funds available for appropriation at the beginning of the fiscal year, the estimated receipts, and a plan for expenditures and obligations during the fiscal year of every department, authority, public corporation and quasi-public corporation of the State, every State college and university, and every other public agency created by the State, but not of units of local government or school districts. The budget shall also set forth the indebtedness and contingent liabilities of the State and such other information as may be required by law. Proposed expenditures shall not exceed funds estimated to be available for the fiscal year as shown in the budget.
(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.
It does say the GA shall make appropriations, but, I dunno. Apparently, the framers couldn’t imagine a controversy like this ever coming up. I mean, who in their right mind wouldn’t pass a budget every year?
* And then there’s this…
SECTION 1. STATE REVENUE POWER
The General Assembly has the exclusive power to raise revenue by law except as limited or otherwise provided in this Constitution. The power of taxation shall not be surrendered, suspended, or contracted away.
I don’t see how a state judge could put in place a balanced budget with higher taxes.
* So, maybe we need a federal takeover?…
For over a year, the government of Illinois has failed to pass a budget. However, there is a solution, and it does not lie in Springfield.
Its called the Second Enforcement Act of 1871 and it gives the federal government the right and responsibility to dismantle any state or local government that is failing to protect the constitutional rights of its citizens.
This law states “That in all cases where insurrection, domestic violence, unlawful combinations, or conspiracies in any State shall so obstruct or hinder the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection, named in the constitution … it shall be lawful for the President, and it shall be his duty to take such measures… as he may deem necessary for the suppressions of such insurrection, domestic violence, or combinations. …”
* But, according to Wikipedia, that federal law has been amended and replaced with this language…
Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
- Honeybear - Thursday, Jun 23, 16 @ 11:28 am:
Legal folks, it means we’re screwed right?
- Allen D - Thursday, Jun 23, 16 @ 11:31 am:
it means more of the same two walls butting heads…. Term limits should have been thought about years ago.
- BigDoggie - Thursday, Jun 23, 16 @ 11:39 am:
Allen D - Term limits have been thought about for many years. But MM doesn’t want them, so we won’t get them. Much like fair district mapping, which even our democratic president is in favor of.
- illinois manufacturer - Thursday, Jun 23, 16 @ 11:43 am:
It seems to me the onus over the budget is on the gov. He has refused to do as the constiution requires. I dont see that we have standing to sue him maybe we could try it….but it is clear the GA has a constitutional solution to take action against a govoner who won’t produce a required budget. After that United way report. …I would say they have a moral obligation. However it might be good politics to extend it with a collapsing Gop
- AnonymousOne - Thursday, Jun 23, 16 @ 11:45 am:
What a successful leader of the people of the state of Illinois! What has he brought us to?
- Ducky LaMoore - Thursday, Jun 23, 16 @ 11:52 am:
Not that any of these ideas actually made me laugh, though they are all laughable.
- Formerly Known As... - Thursday, Jun 23, 16 @ 11:55 am:
Once again, sounds like it comes back to Madigan and Rauner.
Kudos to Mayor Morrissey and these folks for trying. Maybe something will stick eventually.
- illinois manufacturer - Thursday, Jun 23, 16 @ 12:06 pm:
Could one of the universities sue him? They are mentioned in his required budget.
- Joe Biden Was Here - Thursday, Jun 23, 16 @ 12:08 pm:
Funny that Illinois has had a budget every year until Rauner shows up.
- Michelle Flaherty - Thursday, Jun 23, 16 @ 12:09 pm:
Hope the mayor’s enjoying his LGDF money that happens whether there’s a budget or not.
- Retired Lawyer - Thursday, Jun 23, 16 @ 12:11 pm:
A remedy for governmental units might be bankruptcy under Chapter 9 like Detroit successfully filed several years ago. Recent comments from Gov. Rauner seemed to argue that the Chicago Public School System and other municipalities, etc. should do this. I do not advocate such an approach but our Governor, I believe, is forcing the crisis to encourage this action.
- Chairman McBroom - Thursday, Jun 23, 16 @ 12:14 pm:
Lawyers - they can fix anything.
- Juvenal - Thursday, Jun 23, 16 @ 12:14 pm:
Morrissey is misreading (b).
It means no expenditure by law may be made without an appropriation. It does not compel the legislature to appropriate anything.
In any case, for the current year atleast, the legislature did its job. They appropriated.
The governor, however, vetoed.
Sounds like you want to sue the governor, Larry, but it won’t be under the Finance clause.
- Oswego Willy - Thursday, Jun 23, 16 @ 12:15 pm:
===A remedy for governmental units might be bankruptcy under Chapter 9 like Detroit successfully filed several years ago.===
It not a remedy if it’s not legal, ” - Retired Lawyer - “
- illinois manufacturer - Thursday, Jun 23, 16 @ 12:15 pm:
My understanding is the Federal law requires states to approve ch 9. Illinois does not.There are a lot of legal compexities with state and federal relations because of the constitution
- TinyDancer(FKA Sue) - Thursday, Jun 23, 16 @ 12:28 pm:
Article X, Section 1 states:
“The State has the primary responsibility for financing
the system of public education”.
They should file suit under the 14th amendment, equal protection clause:
…no state shall deny to any person within its jurisdiction “the equal protection of the laws.”
- Anonymous - Thursday, Jun 23, 16 @ 12:31 pm:
“every person…” in the amended federal federal law “shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress.”
Sounds like someone can make the argument for personal liability. That might everyone take action if they start being held personally liable for damages.
- Mama - Thursday, Jun 23, 16 @ 12:41 pm:
== * Let’s go to the Constitution…
SECTION 2. STATE FINANCE
(a) The Governor shall prepare and submit to the General Assembly, at a time prescribed by law, a State budget for the ensuing fiscal year.==
Starting July 1, 2015 the governor failed to do his Constitutional duty. Come July 1, 2016 - the governor will fail to do his Constitutional duty again. I’m shocked that he has not been sued by the people he owes money to.
- Stu - Thursday, Jun 23, 16 @ 12:46 pm:
“The Federal District of Illinois”…has a nice ring to it.
- Mama - Thursday, Jun 23, 16 @ 12:48 pm:
== Retired Lawyer - Thursday, Jun 23, 16 @ 12:11 pm: A remedy for governmental units might be bankruptcy under Chapter 9 like Detroit successfully filed several years ago. Recent comments from Gov. Rauner seemed to argue that the Chicago Public School System and other municipalities, etc. should do this. I do not advocate such an approach but our Governor, I believe, is forcing the crisis to encourage this action. ==
Why on earth would any governor want his state and largest city school in the state to file bankruptcy?
- RNUG - Thursday, Jun 23, 16 @ 12:51 pm:
I’ve been contending for some time that State contractors and service providers should sue for court ordered payment alleging deliberate and willful/criminal fraud based on State assurances that the vendors will eventually be paid … and that the Governor, the agency Director and the direct procurer be named personally and individually in addition to being named in their official positions.
Get some personal skin in the game and a lot of the Rauner enablers in government might grow a backbone and either refuse or insist on written orders for their questionable actions.
- Rabid - Thursday, Jun 23, 16 @ 12:52 pm:
Revoke the Illinois charter and become a territory again problem solved
- TwoFeetThick - Thursday, Jun 23, 16 @ 12:59 pm:
===Why on earth would any governor want his state and largest city school in the state to file bankruptcy?===
Why else? To bust the unions and stick it to the pensioners. Unfortunately, like so many people of wealth, our governor’s attitude is he’s got his and everyone else can go pound sand.
- Huh? - Thursday, Jun 23, 16 @ 1:07 pm:
There are 2 people who could solve the municipal utility problems very quickly: Rahm Emmanuel and Jim Langfelder, mayors of Chicago and Springfield. These mayors shut off the utilities to the State buildings will certainly get 1.4% attention. These mayors would have to be willing to stand up for all of the municipalities owed money.
Send a letter with 24 hour notice of shut off for non-payment. Have crews standing by with the wrench on the valve. No money, no water/electric.
- RNUG - Thursday, Jun 23, 16 @ 1:16 pm:
== Send a letter with 24 hour notice of shut off for non-payment. ==
Probably have to follow proper notification as laid out in municipal rules.
- facts are stubborn things - Thursday, Jun 23, 16 @ 1:23 pm:
the judicial branch will be very hesitant to involve itself into this legislative and executive branch process. The judges told the legislature that they must pay pensions but refuse to tell them how. The judicial may continue to rule on certain spending, but will not tell them how to do it.
- Anonymous - Thursday, Jun 23, 16 @ 1:25 pm:
the judicial branch might order the Gov. to propose a balanced budget, but that is about it.
- facts are stubborn things - Thursday, Jun 23, 16 @ 1:26 pm:
sorry, forgot to include “name”.
the judicial branch might order the Gov. to propose a balanced budget, but that is about it.
- oppressed - Thursday, Jun 23, 16 @ 1:28 pm:
The general public is held to the laws created. So one could be arrested and have to submit to be on a “work release” program. Go to jail, get out of jail to go to work and then back to jail after the work day. Shouldn’t this be enforced for the GA, Gov and Senate? A constitutional law has been and is currently being broken, Why would this not be applicable to them? Would this not help to light the proverbial fire under them to get something done?
- Nick Name - Thursday, Jun 23, 16 @ 1:36 pm:
“‘The state constitution says the legislative branch needs to adopt a balanced budget,” he said. “They need to do their job. I think there’s a great constitutional case that could be brought to settle this matter.’”
Jeez I am getting sick and tired of this. The state constitution also says, “The Governor shall prepare and submit to the General Assembly, at a time prescribed by law, a State budget for the ensuing fiscal year.”
Why does he keep getting a pass on this?
- wordslinger - Thursday, Jun 23, 16 @ 1:36 pm:
What do they have to lose?
It’s silly to presume to know what a judge might order.
Take a look around. In case you hadn’t noticed, interpretation of laws and the constitution are often in conflict from judge to judge, circuit to circuit.
- concern1 - Thursday, Jun 23, 16 @ 2:21 pm:
has the governor submitted a budget?
- Bosco - Thursday, Jun 23, 16 @ 2:23 pm:
I think everyone should bring big pots of coffee and not leave Springfield till a budget is passed.
- Austinman - Thursday, Jun 23, 16 @ 2:23 pm:
No budget until someone under the dome is seriously impacted
- wordslinger - Thursday, Jun 23, 16 @ 2:34 pm:
–has the governor submitted a budget?–
He did.
His GOMB told the rating agencies earlier this month that the FY16 budget he proposed in February 2015 had a $4.4 billion deficit.
GOMB told the rating agencies that at current spending levels his proposed budget for FY 17 would have a $6.6 billion deficit, but with some undisclosed “transformations,” he might be able to get it down to a $3.5 billion deficit.
Those were Gov. Rauner’s proposed budgets: a $4.4 billion deficit for FY16; a $6.6 billion deficit for FY17, but maybe something-something down to a $3.5 billion deficit.
Here’s a summary of the GOMB presentation to the rating agencies.
http://www.illinois.gov/gov/budget/capitalmarkets/Documents/Presentations/June%202016%20Summary%20of%20Ratings%20Presentation.pdf
- Independent Retired Lawyer Journalist - Thursday, Jun 23, 16 @ 2:49 pm:
For those us who are ‘process people,’ and/or lawyers, it’s helpful to remember that the Illinois Constitution says that in the first instance it is the Governor who is responsible for proposing a balanced budget.
Secondarily, it is the General Assembly that is responsible for making appropriations and actually imposing the taxes that are part of the budget.
This post was a good reminder of on whom the initial burden is placed by law…and who has not done what is minimally necessary in the interest of governance. And that’s not the fictional ’super-majority,’ Governor Rauner and your trolls that are listening. It is you.
- Anonymous - Thursday, Jun 23, 16 @ 2:49 pm:
” Term limits have been thought about for many years. But MM doesn’t want them, so we won’t get them. Much like fair district mapping, which even our democratic president is in favor of.”
Always proposed by those out of power as an attempt to gain power. Let’s call a spade a spade.
- CCP Hostage - Thursday, Jun 23, 16 @ 2:56 pm:
Just a reminder, a coalition of human services providers IS suing Illinois for breach of contract. Pay Now Illinois
- DSchuler - Thursday, Jun 23, 16 @ 3:04 pm:
“I don’t see how a state judge could put in place a balanced budget with higher taxes.”
A judge’s powers in equity are practically unlimited. However, equitable relief is only available when there is “no adequate remedy at law”.
- Ghost - Thursday, Jun 23, 16 @ 3:12 pm:
State of Illinois, with Illinois as a new verb
- Harry - Thursday, Jun 23, 16 @ 3:25 pm:
Chapter 9 does not allow for State bankruptcy, only “municipalities”, which are sub-state jurisdictions, and the State has to explicitly permit it.
Anyway, failure to pass a budget when you have enormous unused tax capacity in no way qualifies for bankruptcy protection, which centers around reducing liabilities.
Plus, the courts at any level hate to cross a separation of powers line and force a legislature to do anything.
This is NOT a legal problem, it is a political problem. We have met the enemy and it is us.
- Last Bull Moose - Thursday, Jun 23, 16 @ 5:07 pm:
RNUG, State contracts have a clause saying essentially that the entire contract is contained in what is written. Oral or written promises outside the contract have no value.
That plus the subject to appropriation clause put the vendors behind the 8 ball.
- RNUG - Thursday, Jun 23, 16 @ 9:44 pm:
- Last Bull Moose -
Not all of them always get all the boilerplate properly inserted. I’ve read enough of them to know that.
- RNUG - Thursday, Jun 23, 16 @ 9:46 pm:
- Last Bull Moose -
If there were promises the appropriation would be made, and you can establish a consistent pattern of such behavior, you may get a judge on your side. I wouldn’t rule it out …