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Constitution, schmonstitution? * UPDATED x1 *

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Illinois

* As you’re probably aware by now, there’s a big argument over whether the appropriations bills passed by the House and Senate violate the state’s Constitution…

The Illinois Constitution prohibits lawmakers from appropriating more spending for a fiscal year than they expect the state to gain in revenue during that year. Madigan said it’s up to Blagojevich, using his veto power, to cut spending if he has a problem with it.

Dawn Clark Netsch, a Northwestern University law professor, said it’s the Legislature’s responsibility to do its “absolute double-best” to approve a budget that’s actually balanced, just as the governor must begin the spring session by introducing a balanced plan for that budget.

“It’s an important moral imperative,” said Netsch, who was vice chair of the committee which drafted the “balanced budget” mandate at the 1970 convention.

* The governor, who claims he got a “C” in consitutional law, agrees…

The governor said the state constitution is “pretty clear and unambiguous” that both chambers must pass a balanced budget.

* The Constitution requires the governor to submit a balanced budget, and it has this language…

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.

Seems pretty clear to me.

* But what about the history?

“Certainly there have been many budgets that governors have viewed as exceeding their projected revenue,” said Laurence Msall, president of The Civic Federation, a nonpartisan government research organization based in Chicago. “But I don’t recall the General Assembly majority leadership indicating that as they were passing the budget to the governor.”

* And…

Charles Wheeler, director of the Public Affairs Reporting Program at the University of Illinois at Springfield, said he couldn’t recall another instance in which lawmakers deliberately and publicly approved an unbalanced budget, as they did on Saturday.

* But…

[House Democratic budgeteer Rep. Gary Hannig] disputed the idea that what was done this year is breaking new ground. Instead, he said, it was a return to his early days in the General Assembly, starting in 1979, when he said it was more usual for the legislature to takethe lead in crafting the budget, knowing that the governor would use line-item veto power to get it in balance.

“If you go back and look at those days,” he said of the era of Gov. Jim Thompson, a Republican often working with a Democratic legislature, “you will see that veto sessions had a lot of budget items … and a lot of override efforts.”

Having a governor work out a detailed budget with legislative leaders became the model most used when the GOP had majorities in the House and Senate for two years starting in 1995, when Republican Jim Edgar was governor, Hannig said.

That’s before my time, and Speaker Madigan has said the same thing as Hannic. Still, Msall and Wheeler were both around during those days and Charlie was the press room’s resident budget expert. There may have been lots of override motions, but if things were that out of balance, you’d think those two guys would remember it. This requires more research. Perhaps the intern can get on it after the Rezko jury finishes its duties and we can unchain him from his laptop.

* Whatever the case, the political feud continues…

Blagojevich accused lawmakers of violating the state constitution by passing an unbalanced budget. The state constitution requires that the state appropriations each year aren’t higher than anticipated revenue.

‘’This would be the first time the guy has ever been concerned about a balanced budget,'’ countered Madigan spokesman Steve Brown.

Oof.

* The Peoria Journal Star asks…

Every time you think the dysfunction can’t get any worse in Springfield, it does. Isn’t there someone Illinoisans can sue?

* Nope…

“But I don’t think you could ever go to court and get a court to say, ‘OK Legislature, you did not appropriate in accordance with the Constitution.’ And do what? Send them all to jail? Hold them in contempt?”

*** UPDATE *** Thanks to a commenter, here’s an excerpt from a 1990 story about Jim Thompson’s last year in office…

The bottom line is that the lawmakers’ budget as sent to the governor was $150 million to $200 million out of balance. The governor’s Bureau of the Budget put the shortfall at $199 million through a simplified computation. After Thompson was done with the lawmakers’ plan, he had balanced the budget by “cutting” $179 million and by directing agencies to create a 2 percent reserve that would set aside $20 million that could only be spent with the governor’s written approval.

Thompson’s “cuts” amounted to a return to the payment deferrals that he had originally proposed. He lopped $115 million from Medicaid spending, $20 million from circuit breaker payments and $25 million from state employee’s group insurance. “These vetoes in essence return the billing cycle back to the budget levels,” budget director Robert L. Mandeville said. Other major vetoes included $5 million cut in general state aid for public schools and $3.9 million in “new” money for a pre-trial program in Cook County.

Rep. Hannig is apparently right.

posted by Rich Miller
Tuesday, Jun 3, 08 @ 8:19 am

Comments

There were plenty of budgets in the 1970’s which resulted in line item and reduction vetoes.

During Walker’s term, the veto session was called the veto override session.

Comment by Cal Skinner Tuesday, Jun 3, 08 @ 8:31 am
I think everyone is starting to see who the lone man out on the ledge is, and Mad-again and Brownie are worried.

Remember, BrowniE, he proposes a balanced budget every single February, like Rich said. And he gets beat up every single time he does for proposing a revenue source for his spending proposals.

Mad-again and the legislature should be held to the same standard.

Comment by problem Tuesday, Jun 3, 08 @ 8:37 am
I believe the FY2002 or Fy2003 budget was passed in a manner Gov. Ryan thought was out of balance. The House was Dem and the Senate was Repub. The Governor called them back into special session in June and they negotiated a budget that the Governor signed. There did not seem to be a lot of rancor and angst, and the speciall session did not last very long. That event was not that long ago, certainly within the memory of many current legislators and “observers.” So what’s the big deal here?

Comment by anon Tuesday, Jun 3, 08 @ 8:53 am
it is quite funny that the Governor is using the Constitution in this case, because he has misused it in other cases based on “interpritation”

Comment by He Makes Ryan Look Like a Saint Tuesday, Jun 3, 08 @ 8:56 am
But actual expenditures can’t exceed actual revenue (including borrowing), because the state can’t print money, so the budget will be balanced in any case. Somebody just won’t get paid. The treasurer can’t pay out money he doesn’t have.

Comment by ANON Tuesday, Jun 3, 08 @ 8:59 am
So what is the point if you cannot sue/punish those who violate the constitution.

Perhaps one can change the constitution at the con-con to say something to the effect that any constitutional officer or legislator who votes for an unbalanced budget will have their pension permanently removed.

I bet there would be a more concerted effort to stay within the state’s means.

Comment by Plutocrat03 Tuesday, Jun 3, 08 @ 9:04 am
Just so we’re clear, I think it would be completely unnecessary to unchain the intern.

Comment by Not Exactly Anonymous Tuesday, Jun 3, 08 @ 9:18 am
The Governor may believe the budget is unconstitutional, but he still has only four choices: sign it, allow it to become law without his signature, veto it, or line item veto it.

Comment by Yellow Dog Democrat Tuesday, Jun 3, 08 @ 9:19 am
Through the 80’s it was always common practice for then Senate budget expert Howard Carroll to get up and cite the constitutional provisions for a balanced budget. It would be done in floor debate prior to a final vote on the budget. Revenue estimates were always pumped up and medicaid estiamates were always lowered–but the spending plan passed the straight face test. Ryan’s vetos came during a recesssion and a crash of revenues mid-year. Nothing has ever been tried like this before.

Comment by House Revisionism Tuesday, Jun 3, 08 @ 9:21 am
I think both the GA and governor have “knowingly” approved budgets that were out of balance many times — they just didn’t publicly acknowledge it. But if you look at the accounting tricks that are used — inflating revenue estimates, lowballing expenditures, holding bills, skipping payments, etc. — it’s not that unusual. Have some flush years, and you can whittle that down.

This is probably as honest a budget as any other year. If it’s a 2 billion dollar deficit, that’s about 3.3%. The rating agencies are holding at AA, so that’s pretty good. Apparently Fitch has a negative outlook, but I suspect that’s a national phenonemon and not necessariliy tied to our happy crew of Dems in Springfield.

If I were a governor, I would love to have this budget. All sorts of leverage to exercise with my reduction veto.

Comment by wordslinger Tuesday, Jun 3, 08 @ 9:22 am
Seems to me he would have a better chance to get a court to declare the budget unconstitutional than he would convincing the legislature to change it.

Comment by The Elderly Republican Tomato Farmer Tuesday, Jun 3, 08 @ 9:24 am
Blago: “I got a C in Constitutional Law”…he says it with a nauseating mixture of false humility and pride in his mediocrity.

Comment by You go Boy Tuesday, Jun 3, 08 @ 9:46 am
What is supposed to happen is Blagojevich stands in front of the Capital and locks the doors. This forces the GA to grab their powdered wigs and meet in tennis courts. Someone shouts “guillotine!” and the Inquisition begins.

Then they make Madigan Deputy for the Third Estate of the Estates-General.

Comment by VanillaMan Tuesday, Jun 3, 08 @ 9:54 am
I am not sure what the Gov and Jones thought would happen this year after they stabbed madigan in the back last year. The current budget for trimming by veto seems like a brilliant solution to dealing with a senate leader who is more interested in lining his pockets with pay raises then keeping his promises.

If Blago wanted a neat budget package perhpas he should not have gone through with a retalitory veto pen last year cutting only house projects and spending and the budgets of consitutional officers with whom he disagreed. You reap what you sow; and blag has planted nothing but weeds.

Madigan with this budget has declined to make house memebers and enemies of the the Gov easy targets for his veto pen. Last years trimmed budget allowed the Gov to simply make veto cuts for spite.

Now he has to trim for a real purpose. This whole mess today is all the fallout of Jones and Blago last year making a back door deal to break Jones promises made during budget negotiations.

That the republicans think they have some kind of deal and can work with Blago and Jones to get what they want speaks alot of the denial and lack of political savy that has the repubs in trouble today.

If they think Blago will honor their projects and release funds if somthing passes then they are in serious denial of the world today. Madigans budget strategy is the perfect solution to the lack of leadership and double dealing which happened last time.

If onl Jones thought as much about his word as he did another pay raise.

Comment by Ghost Tuesday, Jun 3, 08 @ 9:58 am
Hold on… Illinois has a constitution?

– SCAM
so-called “Austin Mayor”
http://austinmayor.blogspot.com

Comment by so-called "Austin Mayor" Tuesday, Jun 3, 08 @ 10:13 am
I think the commenters who observed that state budgets have frequently been unbalanced are essentailly correct, but given the incredible dysfunctional relationship among the three Democratic tops, there wasn’t any credible effort to enact a balanced budget this session.Legislsators just wanted to avoid a repetition of last year’s overtime fiasco.

Comment by Captain America Tuesday, Jun 3, 08 @ 10:20 am
Is there NO institutional memory in this town? In 1990 Thompson cut $179 million and reserved another $20 million to balance the GA’s unbalance budget - see http://www.lib.niu.edu/1990/ii900855.html . Unfortunately that source has almost no issues from the 1980s. But, for at least year, there is documentation the GA passed unbalanced budgets and the Gov vetoed them into balance.

And here, from 1991, is another article http://www.lib.niu.edu/1991/ii910845.html complaining about budgetary tricks and “balanced” budgets.

Doesn’t anyone remember anything around here?

Comment by Frustrated Tuesday, Jun 3, 08 @ 10:22 am
Good luck campaigning in November on the “Its not our fault, Jones broke his word” meme.

Many victories!!!

Comment by Problem Tuesday, Jun 3, 08 @ 10:30 am
===Good luck campaigning in November on the “Its not our fault, Jones broke his word” meme.===

I highly doubt either side will use that as much of an issue. Too insidery for voters.

Comment by Rich Miller Tuesday, Jun 3, 08 @ 10:35 am
Exactly

Comment by Problem Tuesday, Jun 3, 08 @ 10:43 am
Also look at Ryan’s last year. They passed a way out of balance budget and after he reduced it substantially the Senate Repubs had to sustain his vetoes. Likely cost Sen Donahue her seat.

Comment by Madame Defarge Tuesday, Jun 3, 08 @ 10:56 am
Oh no Capt. Fax; I am sure all of Cross will use day and night to help shrink his group. He will be helped by WhackyJack McCain and Chopper Jim.

BTW Did Rep.Shock,the apparent front runner to replace Ray LaHood, doom his campaign by accepting Blagoof endorsement Sat. nite?

Seems like a bad,bad decision

Comment by Reddbyrd Tuesday, Jun 3, 08 @ 11:05 am
We shouldn’t be surprised that an elected official supports disobeying a constitution. During the past 50 years, all of the presidents and the majority of the U.S. senators and congressmen have supported disobeying the U.S. Constitution. The 10th Amendment states that all powers that aren’t reserved for the federal government, in the Constitution, are reserved “for the states or the people.” The Constitution doesn’t mention health, education, energy, transportation, or housing, so all of those cabinet departments are unconstitutional.

Comment by PhilCollins Tuesday, Jun 3, 08 @ 11:52 am
Frustrated:

To borrow from another thread, today’s $2 billion deficit is Thompson’s $179 million deficit times eleven.

Comment by Six Degrees of Separation Tuesday, Jun 3, 08 @ 11:52 am
I see a bit of a difference -

Wasn’t it just Thompson’s budget office who claimed it was out of balance, and the GA saying it was balanced?

The GA still appropriated based on its estimates of revenues. Just like what happens every other year.

Nobody was trying to make Thompson be the political pinata by willfully passing an out of balance budget.

Comment by problem Tuesday, Jun 3, 08 @ 12:00 pm
Don’t have access to newspaper archives or Lexus / Nexus, but remember in 1986 or 1987 Sen Howard Carrol specifically commenting that the GA was sending Thompson a budget that was out of balance - i.e., it would spend the balance to zero $ on the next June 30th, and they were depending upon him to veto it into balance. Anyone out there with archive access?

Comment by Frustrated Tuesday, Jun 3, 08 @ 12:28 pm
Six Degrees:

You’ve got to take the cost of gas prices into account. Can’t ever forget that.

Comment by Learning the Ropes Tuesday, Jun 3, 08 @ 1:45 pm
Frustrated, spending down existing balances are “funds available.”

Comment by steve schnorf Tuesday, Jun 3, 08 @ 3:27 pm
Learning-

It shocked me, but the Consumer Price Index has only gone up 164% from 1990 (the end of Thompson’s term) to 2008.

http://stats.bls.gov/cpi/home.htm

Use the “Inflation Calculator”.

Gasoline, much more.

$1.35 in 1990 to about $4 now = almost 300%.

http://www.eia.doe.gov/emeu/aer/txt/ptb1108.html

Comment by Six Degrees of Separation Tuesday, Jun 3, 08 @ 4:09 pm
ghost is right on target, and there would be no reason for Madigan to go to a leaders meeting.

Emil proved he cannot keep his word last year (pretty sad for a guy that has been in the legislature for close to 30 years) and Rod is, well, Rod.

It is up to Rod to balance the budget. Had they sent him a budget that cut the programs to bring balance, he would have held a press conference to bash the House Dems and their evil ways. Instead, he now finds himself in the difficult position of having to make the cuts himself. Had he not burned so many bridges these past 5 years, the legislature may have done the dirty work for him, but they learned their lesson.

By the way, I am fascinated by the constant line that it is the House Dems fault the budget is out of balance. Uh, the Constitution states that both houses must pass an identical bill in order for it to be sent to the Governor.

The Senate concured with the changes the House made. So it is their fault as well. Rod’s constant line is just another attempt to bash Madigan and protect Emil.

Comment by familar with the situation Tuesday, Jun 3, 08 @ 5:13 pm
Steve Schnorf -
Explicit in Senator Carroll’s statement was that with a $0 June 30th balance, the July, August, and September (3 month lapse period then) revenues would not be sufficient to pay the lapse period and current year’s bills - which is why they expected Thompson to veto enough so that would the could get through the lapse period.

Comment by Frustrated Tuesday, Jun 3, 08 @ 5:23 pm
I don’t think many people out here in the real world are terribly concerned about the details of the state budget. A budget was passed. The governor may have to make some cuts later. So….? In fact, given the current economic situation in Illinois and the rest of the country, it might make sense to wait a while and see which way revenues are going. Will the country continue to sink into recession or will there be an upturn.
Either direct could affect revenues, as could rising gas prices. I really don’t think this is an issue that is going to grab us regular types as much as hearing that there was no budget at all, or that the legislators are getting yet another hefty raise (oops-may be too late to fix that one).

Comment by Cassandra Tuesday, Jun 3, 08 @ 5:36 pm
AA remembers a few things from the 80s and 90s-

-The Governors and the four Leaders had their squabbles, but they trusted each other and kept their promises to each other.

-The Approp Committee chairs, especially the unforgettable Howie Carroll, were essentially the “budgeteers” of their time. Howie had to be reined in more than once by Pres. Rock because “Howie’s List” was longer than the “Caucus’ List.”

-As other posters have noted, starting with Rep. Skinner, the fall session was known as the veto override session in part because Dr. Bob Mandeville pushed a tight pencil and many a pet project would get “erased” from the Governor’s signed budget.

-Although quite a few Members quibbled with Dr. Bob’s grasp of the State’s checkbook, his integrity, honesty, and commitment to public service were never questioned. His later service as acting director of two troubled state agencies burnished his solid reputation.

Contrast that time with the present.

Virtually no one under the Dome would trust our Governor any farther than they could throw him, one caucus chair excepted.

The State Budget Director is harder to find than Jimmy Hoffa. The budget plans and decisions are made by the “Chief Operating Officer”, a position which does not exist in statute or in the Illinois Administrative Code. The trust level for this individual is only slightly higher than the Governor, in no small part due to his disdain for the Legislature and his penchant for withholding most details of important, highly complicated proposals until the eleventh hour.

Virtually all major budget discussions are held in closed meetings. Appropriations committee hearings are charades.

Against this backdrop, is there any wonder that the legitimacy of the new budget is being questioned?

Comment by Arthur Andersen Tuesday, Jun 3, 08 @ 7:16 pm