Recently Minnesota’s blogsphere has been dominated by two stories : Republican endorsed candidate Mike Parry (SD-26) thirty-three scrubbed tweets and Judge Gearin issuance of a Temporary Restraining Order against Republican Governor Tim Pawlenty.
The common background to these two issues is our Constitution.
Mr. Parry has a Free Speech right to express his opinions. When Mr. Parry expressed that “Mr. O” was a "Power Hungry Arrogant Black Man" that immediately brought to mind the subject matter discussed in the Supreme Court ruling in Brandenburg –v- Ohio especially with the implied concern that the “President and Congress continues to suppress the white, Caucasian race".
No, Mr. Parry’s Free Speech needs to be heard by the voters as they make their choice in the January 26th Special Election.
Mr. Parry’s comments may be troubling to some, but what should be more troubling is his Waseca County News interview in which he seemed to be blameless and with a faulty memory “If it's on my account I wouldn't know how that one got on there”.
Sure makes you wonder what was stated on the other scrubbed tweets.
This leads to the other Constitutional right … in fact, it is probably our most important right … the protection from the power of government itself. Our Constitutional system is based on a system of checks and balances with the power of government split between the legislative, executive and judicial branches. The idea is to avoid dictatorial and unwarranted power vested in one person ... who would be labeled as Power Hungry and Arrogant.
And to Judge Gearin’s credit that is what she did. In the TRO, she writes that the unallotment statute "is constitutional. It was specific manner in which the Governor exercised his unallotment authority that trod upon the constitutional power of the Legislature, and the Legislature alone, to make laws that, in the Court's opinion, was unconstitutional. [SNIP] … the Governor crossed the line between legitimate exercise of his authority to unallot and interference with the Legislative power to make laws, including statutes allocating resources and raising revenues. The authority of the Governor to unallot is an authority intended to save the state in times of a previously unforeseen budget crisis, it is not meant to be used as a weapon by the executive branch to break a stalemate in budget negotiations with the legislature or to rewrite the appropriations bill.”
That, Mr. Parry is a Power Hungry Arrogant Man (who happens to be a caucasian.)
President Obama has worked with the Congress to authorize spending and tax bills (such as the “stimulus” bill that includes tax cuts equaling $288 billion) … it may be debated whether you like what Congress and the President have done – that’s an opportunity to exercise your Free Speech and tell your fellow citizens and potential voters --- but it was not done in an Arrogant manner … it was done with agreement between the Legislative and Executive Branches.
Contrast that with Governor Pawlenty’s reaction to Judge Gearin’s ruling, stating that she "has inserted herself into a political dispute".
No, she did what her job … protecting the citizens from an Arrogant exercise of power. As University of Minnesota law Professor Fred Morrison said in defending the judge's role: "A judge has a duty to rule on a legal complaint."
Governor Pawlenty’s reaction (and actions) is the definition of a Power Hungry Arrogant Man.
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2 comments:
Thanks for this.
And about this: The authority of the Governor to unallot is an authority intended to save the state in times of a previously unforeseen budget crisis, it is not meant to be used as a weapon by the executive branch to break a stalemate in budget negotiations with the legislature or to rewrite the appropriations bill.”
I don't see how it was unforeseen, and how it ever can be in the near future? We know there is trouble, and he's dismissing our many voices and acting on his own.
Looking forward to your post on Jason Engbrecht.
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