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Cullerton sends warning on executive orders

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Cullerton suggested some of the executive orders Quinn issued may have exceeded his executive authority, pointing specifically to two dealing with immigration.

“There was a couple he did on immigration that exceeded his authority,” Cullerton said. “So we’re going to put legislation in, as we have numerous times. We’ve rejected Gov. Quinn’s executive orders three or four times in the last six years. What you do then, is, if it’s a good idea, you put a new bill in and pass the new bill.”

The comments also could be viewed as a warning to Rauner as he begins to flex his executive powers that Democrats who control the legislature will not take kindly to attempts to undermine their authority.

Indeed.

* From the Illinois Constitution…

SECTION 11. GOVERNOR - AGENCY REORGANIZATION

The Governor, by Executive Order, may reassign functions among or reorganize executive agencies which are directly responsible to him. If such a reassignment or reorganization would contravene a statute, the Executive Order shall be delivered to the General Assembly. If the General Assembly is in annual session and if the Executive Order is delivered on or before April 1, the General Assembly shall consider the Executive Order at that annual session. If the General Assembly is not in annual session or if the Executive Order is delivered after April 1, the General Assembly shall consider the Executive Order at its next annual session, in which case the Executive Order shall be deemed to have been delivered on the first day of that annual session.

Such an Executive Order shall not become effective if, within 60 calendar days after its delivery to the General Assembly, either house disapproves the Executive Order by the record vote of a majority of the members elected. An Executive Order not so disapproved shall become effective by its terms but not less than 60 calendar days after its delivery to the General Assembly.

* OK, Quinn filed two executive orders regarding immigration the other day…

* Executive Order Establishing Governor’s New Americans’ Welcoming Initiative

* Executive Order Establishing Governor’s New Americans Trust Initiative

Cullerton’s problem with the New Americans’ Welcoming Initiative is that Quinn didn’t have the authority to mandate new positions in each agency or offices.

* From the Trust Initiative EO…

No law enforcement agency under the jurisdiction of the State of Illinois, including but not limited to the Illinois State Police, Illinois Conservation Police, and the Secretary of State Police, may detain or continue to detain any individual solely on the basis of any immigration detainer or administrative immigration warrant, or otherwise comply with an immigration detainer or administrative immigration warrant, including communicating an individual’s release information or contact information, after that individual becomes eligible for release from custody.

No law enforcement official under the jurisdiction of the State of Illinois, including but not limited to the Illinois State Police, Illinois Conservation Police, and the Secretary of State Police, shall stop, arrest, search, detain, or continue to detain a person solely based on an individual’s citizenship or immigration status or on an administrative immigration warrant entered into the Federal Bureau of Investigation’s National Crime Information Center database, or any successor or similar database maintained by the United States.

The Senate President’s office says there are some “law enforcement jurisdiction issues.”

posted by Rich Miller
Wednesday, Jan 14, 15 @ 11:42 am

Comments

Crickets of course from the tea partiers and Raunerbots who have continued to attack President Obama for his executive orders.

Comment by too obvious Wednesday, Jan 14, 15 @ 11:48 am
Apparently, there was no one around Quinn in the last couple of days, or at least no one he would listen to, who could reel him in from his worst instincts. Too bad, because he needed some good, sober advice.

It was good that he was working on clemency petitions. That’s important and appropriate work for a governor in his final hours. The other stuff was petty and juvenile. Shame he chose to go out that way. Stung no one but himself.

Comment by Wordslinger Wednesday, Jan 14, 15 @ 11:53 am
I wonder if this is a preemptive attack by Cullerton…? Sure looks like it.

Comment by Ducky LaMoore Wednesday, Jan 14, 15 @ 11:54 am
Cullerton just pointed out the problems with Quinn’s EO’s. I wonder if he was being politically polite to the new Gov regarding his problematic ethics EO. There are clear legal problems with it. However, Rauner got his press pop so that is the all important thing for him.

Comment by Norseman Wednesday, Jan 14, 15 @ 12:00 pm
Personally, I am sick and tired of EO’s being used to usurp legislative authority.

And this is whether it is at the federal or state level or whether a Republican or Democrat does it.

Comment by Federalist Wednesday, Jan 14, 15 @ 12:13 pm
What Rauner needs is tutoring on the Illinois Constitution. He’s obviously still ignorant of its applications concerning his office and the legislature.

Comment by Wensicia Wednesday, Jan 14, 15 @ 12:23 pm
Crickets of course from the tea partiers and Raunerbots who have continued to attack President Obama for his executive orders.

Huh? Not sure what you were/are expecting from the Raunerbots… But I will give it my best shot.

– If these were good ideas, why not do them before the election?
– If these were good ideas, why not do them when you would have had a chance to see them implemented?
–Great yet more unfunded positions…

Feel better now?

Comment by OneMan Wednesday, Jan 14, 15 @ 12:30 pm
Apparently there is a group of lawyers who believes the legislature can throw out the constitution when they believe it is in the interest of the state. They base this on the idea that no contract or constitutional right is absolute and then extend it to the legislative relativity. Dangerous territory they are treading. https://drive.google.com/file/d/0B4BiiePG1O6WVdZS29BTERzVGc/view

Comment by Ret Prof Wednesday, Jan 14, 15 @ 12:36 pm
OneMan: I wonder if he was referring to Rauner’s EO’s? That would make more sense.

Comment by Skeptic Wednesday, Jan 14, 15 @ 1:33 pm
This is where the fun will begin:

>

So if the Governor thinks an executive order doesn’t contravene a statute, he just doesn’t deliver it.

Comment by vibes Wednesday, Jan 14, 15 @ 1:51 pm
To my wife, who works for the State:

Thought this might interest you. At this point it is only to be had directly from V’s and my pal at SoS Index. Ignore the press releases and read it as a lawyer. There are at least three serious legal problems with this EO. You are almost certainly covered by this, but it’s enforceability is highly questionable. There are serious First Amendment and collective bargaining issues here, not to mention Article IX, which presumes to exempt the Order from judicial review by executive fiat. Vickie and I found that completely laughable. It also seems to presume to cover other Constitutional Officers, which an EO cannot do. I also note that the the Jewish Federation’s Israel junket exemption is preserved in III-3, though they had to treat us to a bunch of gibberish to do it.

I told V that there are some parts of EO 15-09 that I might have put in a bill (and others I would not have) but this exceeds his executive authority by miles, and the General Assembly is empowered by the Constitution to negate it. If this is some kind of negotiating position, fine, but Article IX would be way over the top even as a statute.

I think most know that I have a pretty good record advancing ethics legislation in this state, but this is more press release than law, but lots of people will lose sleep, and most are faithful public servants.

Comment by David Starrett Wednesday, Jan 14, 15 @ 2:39 pm
@wordslinger, I totally agree with you. The clemency petitions were a good thing to spend time on. Everything else was classless, laying land mines for the man who beat him in the election. I voted for Quinn when he ran against Brady and had high hopes but boy was I fooled.

Comment by The Dude Abides Wednesday, Jan 14, 15 @ 7:53 pm