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This just in… Income tax hike on hold * Madigan claims guv works “outside” the Constitution * Sherman won’t apologize * AP buys Oberweis pledge to stay positive *

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Illinois

* 2:40 pm - The Senate Democrats have given up on moving an income tax hike bill… for now…

A fight over whether to raise the state income tax is being postponed until the fall.

State Sen. John Cullerton, D-Chicago, says he and Senate colleague James Meeks, D-Chicago, will not call their bill to boost the income tax on individuals and corporations by next week’s deadline for Senate action, but instead will move forward in the fall veto session — after the November elections.

“We’re playing for the fall,” Mr. Cullerton said in a phone interview. “We met with a bunch of supporters, and they want the summer to line up additional support for it.”

However, Senate President Emil Jones moved a proposed constitutional amendment that calls for a graduated income tax (instead of the current flat tax) to the Executive Committee yesterday…

Proposes to amend the Revenue Article of the Illinois Constitution. Authorizes a tax on or measured by income to be at a graduated rate (now, all taxes on or measured by income shall be at a non-graduated rate). Provides that, in any such tax imposed upon corporations, the rate shall not exceed the weighted average rate imposed on individuals by more than a ratio of 8 to 5. Effective upon being declared adopted.

That CA will likely get a committee vote next week and might even make it to the floor. Stay tuned.

* 2:49 pm - House Speaker Michael Madigan sent a letter to members of the Legislature today which claimed that the guv was working “outside the constitutionally-prescribed lawmaking process.” Here it is…

Dear General Assembly Member:

On March 31 the Illinois Department of Healthcare and Family Services and its director, Barry Maram, filed suit in Cook County Circuit Court to challenge the constitutionality of the Joint Committee on Administrative Rules. The complaint demands that the court force Secretary of State Jesse White to accept and publish in the Illinois Register permanent rules to implement the governor’s desired expansion of state health care programs. Absent specific statutory authorization for such an expansion, JCAR last month voted to suspend the implementation of those rules. Were the Secretary of State to publish the rules, it would give IDHFS the authority to enforce them, in effect a back-door way to implement the governor’s policies.

The lawsuit, filed at the governor’s direction, is an explicit statement that he does not want executive agencies to work in a cooperative manner with the Legislature. This is a stark departure from the past practices of this and previous governors. It is important that legislators recognize its implications.

This spring, the House has required that any bills asking executive agencies to promulgate rules include an amendment that necessitates the agencies return to the General Assembly and receive ratification of those rules via statute. In light of the governor’s lawsuit, this has proven to be a prudent decision and we will continue to operate accordingly.

Since 1977, four governors and sixteen General Assemblies have functioned under the provisions of the Illinois Administrative Procedure Act, which established JCAR as a legislative oversight committee with its membership apportioned equally between the House and Senate, Republicans and Democrats. For the last five years, until recently, the current governor and his agency directors have adhered to the JCAR framework. In fact, Governor Blagojevich himself signed legislation that strengthened JCAR’s authority and gave it the power to suspend emergency rules proposed by governors and their agency directors. The governor’s complaint came only when JCAR denied his policy objectives in a particular instance.

It is worth restating the fact that most members of the General Assembly do not stand in opposition to the governor’s ends of greater health care coverage for the uninsured. Rather, we oppose the governor’s decision to work outside the constitutionally-prescribed lawmaking process

Such behavior might rise to the level of impeachable offense. Just sayin’.

…Adding… I put this in comments, but I should also add it here…

I should have been more clear. Under the Constitution, all that’s required for impeachment is 60 votes. Nothing more. No reasons. Nothing.

However, since the Senate holds a trial and votes on whether to convict and remove, you ought to have a reason.

So, breathing rises to the level of an impeachable offense. Defying the Constitution is a possible ground for removal.

* 3:34 pm - Both Eric Zorn and I have spoken to atheist activist Rob Sherman. I have some notes which I may use in Monday’s Capitol Fax or here at the blog. Here’s Zorn’s story…

Sherman replied to my note:

“[’Negroes’ is] what the group was called when they were being discriminated against, but now that this same group has political power, discrimination is OK, as long as it’s not them that’s being discriminated against. That’s the reason for the use of the term.”

Invoking Civil Rights-era terminology to sharpen an attempt to draw an ironic (and dubious) analogy between persecuted African Americans and persecuted atheists is not a polemical stunt I would recommend to anyone. […]

Sherman’s beef was with Monique Davis, legislator. Not Monique Davis black legislator or black legislators in general.

Sherman refused to apologize for the overbroad remark about “negroes,” both to myself and Zorn.

* 4:13 pm - Jim Oberweis has promised to run a positive campaign just about every time he’s run for office, and every time he ends up going negative and looking goofy, so take this AP story with a large grain of salt…

[Oberweis] says he’s looking to refocus his campaign to be as appealing to voters as his family dairy’s sweets are to the dessert set.

A tough campaigner, Oberweis this week used words like “positive campaign” and “respectful discussion” to describe what voters will see from him between now and November.

Voters also will see different TV ads, possibly some featuring his family.

It would be a pleasant change if he finally learns from all his past failures. I figure he’ll probably start off positive, but I just don’t think it will last.

posted by Rich Miller
Friday, Apr 11, 08 @ 2:42 pm

Comments

Now, Rich, easy using the “I” word!!! You will get our hopes up.

Comment by He makes Ryan Look like a Saint Friday, Apr 11, 08 @ 3:05 pm
The Speaker’s letter states correctly the actions of the Gov.

Comment by MOON Friday, Apr 11, 08 @ 3:06 pm
Yes, it might. I think the Governor should be impeached on the grounds you alluded to as well as his mismanagement of state finances. I wish someone would.

If my state legislators had the courage to impeach Rod, I would applaud them and publicly congratulate them for putting public interests ahead of their own political ones.

Comment by Napoleon has left the building Friday, Apr 11, 08 @ 3:06 pm
impeachable offense One can hope and pray

Comment by Just Because Friday, Apr 11, 08 @ 3:09 pm
Constitution! We don’t need no stinking constitution!

Comment by Leave a light on George Friday, Apr 11, 08 @ 3:09 pm
A decision on the healthcare expansion lawsuit (in Cook County) is scheduled for next week. Gazing into my not-so-crystal ball I think Madigan may be laying the groundwork for possible introduction of an impeachment resolution depending on the outcome of the court case.

Comment by Anonymous Friday, Apr 11, 08 @ 3:26 pm
The letter certainly seems to be the first step down that path. My initial thought is that they wouldn’t want to go that route before November. However, given Blago’s approval ratings, running as a pro-impeachment legislator might not be bad.

Again, does the governor listen to any grownups who could help him out on this?

Comment by wordslinger Friday, Apr 11, 08 @ 3:34 pm
Now why hasn’t the speaker got the ball rolling on impeachment so far?

Comment by Levois Friday, Apr 11, 08 @ 3:35 pm
If they want to get rid of him, I rather they go through with the impeachment instead of trying to change the constitution allowing recalls. I could see the House impeaching him but I don’t think they would muster a 2/3 vote in the Senate after a full blown trial, even with the Supreme Court Chief in charge instead of Emil.

Comment by Been There Friday, Apr 11, 08 @ 3:39 pm
Enough with Rob Sherman and Monique Davis they are interesting but totally irrelevant!

Can we please get back to discussing impeachment?

Thank you all!

Comment by Napoleon has left the building Friday, Apr 11, 08 @ 3:42 pm
It’s time to get rid of all of them.

Comment by Bob Friday, Apr 11, 08 @ 3:42 pm
I’d also like to add that I don’t personally think he should be impeached. He obviously has problems governing but I believe we need to wait until the next election to get rid of him unless there is proof he broke the law.

Comment by Been There Friday, Apr 11, 08 @ 3:44 pm
=Such behavior might rise to the level of impeachable offense. Just sayin’=

Can the courts overturn an impeachment if the offense wasn’t considered ‘impeachable’?

Comment by OneMan Friday, Apr 11, 08 @ 3:50 pm
===Can the courts overturn an impeachment if the offense wasn’t considered ‘impeachable’?===

I should have been more clear. Under the Constitution, all that’s required for impeachment is 60 votes. Nothing more. No reasons. Nothing.

However, since the Senate holds a trial and votes on whether to convict and remove, you ought to have a reason.

So, breathing rises to the level of an impeachable offense. Defying the Constitution is a possible ground for removal.

And, no, the courts have no say, other than the Chief Justice presides over the Senate’s trial.

Comment by Rich Miller Friday, Apr 11, 08 @ 3:52 pm
Enough of Sherman….all he wants is to read his name in print or hear himself on the radio. You’re feeding the man’s bizarre ego.

Comment by Joe Schmoe Friday, Apr 11, 08 @ 3:53 pm
He’s a House candidate, so he gets covered.

Comment by Rich Miller Friday, Apr 11, 08 @ 3:54 pm
SECTION 14. IMPEACHMENT
The House of Representatives has the sole power to
conduct legislative investigations to determine the existence
of cause for impeachment and, by the vote of a majority of
the members elected, to impeach Executive and Judicial
officers. Impeachments shall be tried by the Senate. When
sitting for that purpose, Senators shall be upon oath, or
affirmation, to do justice according to law. If the Governor
is tried, the Chief Justice of the Supreme Court shall
preside. No person shall be convicted without the concurrence
of two-thirds of the Senators elected. Judgment shall not
extend beyond removal from office and disqualification to
hold any public office of this State. An impeached officer,
whether convicted or acquitted, shall be liable to
prosecution, trial, judgment and punishment according to law.
(Source: Illinois Constitution.)

Comment by Sang-anon Friday, Apr 11, 08 @ 3:56 pm
Could we be looking at a race between impeachment and indictment? Between Madigan and Fitz?

Comment by Anonymous Friday, Apr 11, 08 @ 4:01 pm
Highly doubtful.

Comment by Rich Miller Friday, Apr 11, 08 @ 4:05 pm
As a member of the General Assembly I think most of us in the chamber would agree with nearly unanimous consent that Monique Davis, at times, is an embarrassment to this body and the legislative process in general. Eric Zorn’s column regarding Mr. Sherman’s response was spot on. Mr. Sherman chose to lash out against ALL the African American members of the General Assembly instead of one idiot, skin color notwithstanding. I too was shocked and disappointed by Rep. Davis’ remarks and he had every right to respond to her hate-filled tirade. But to assail every member of the Black Caucus by his silly remark puts him on par with the person his anger should be directed to. Rob Sherman owes the African American members of the General Assembly for his blatant stereotype of Black legislators.

I never regarded Mr. Sherman as a racist, but just an atheist, free to make his own mind up about what to believe and say, but this entire sorry episode only underscores why we must all be vigilant in our pursuit of free speech, and more importantly the freedom of persecution of said speech.

This is a sad day for all of us.

Comment by Reality Check Friday, Apr 11, 08 @ 4:14 pm
As a citizen of Illinois I find that many times the GA is an embarrassment to the the entire state and a mockery of the legislative process. It is also an embarrassment for a member to anonymously slam fellow legislator. Calling a colleague an idiot says more about you than it does about her. No wonder the state is in such a mess.

Comment by Bill Friday, Apr 11, 08 @ 4:34 pm
The legislature has truly become less worthy of respect and admiration over the last few years. Any citizens who haven’t been there should go and watch some day. You would be shocked at the way the place runs.

It helps to explain why our state of affairs are in the toilet.

Comment by Truth Friday, Apr 11, 08 @ 4:52 pm
Wow, what a great day on the ol’ blog! We’re gonna need some great music videos before you wrap it up for the week.
Some Dr. John would be entirely appropriate!

Comment by Bill Friday, Apr 11, 08 @ 5:09 pm
I think that I’ve fully expressed my position on Shermangate in the previous post. LOL. I don’t mind the coverage, but the fact that this rose to the level of interest that it did sorta reminds me of the time that the Daily Herald tried to make hay out of Rich Whitney’s Campaign Manager, a tuition paying graduate student at Southern Illinois University, having used her university email account for political communication. Of course, that got dropped real quick when we started to ask if College Democrat and Republican groups has been in violation for years.

Comment by Squideshi Friday, Apr 11, 08 @ 6:06 pm
Recall?? why is it that great newspaper up north
continues to hammer away at this issue?? You would think Rod was the genesis of all our state’s
troubles. Funny they dont insist on local govt
official recall, given their bantering about team stroger and the guy in city hall. Hmmmm….I didnt
know local govt was so pristine in Illinois!!

Comment by Pol Watcher Friday, Apr 11, 08 @ 6:44 pm
If the general public saw the ongoing tirades on the floor and embarassing behavior of their lawmakers, many of these people would not be returned to office.

Comment by GH Sunday, Apr 13, 08 @ 6:23 am