Friday, February 27, 2009

Who's Pen will be Mightier: Palin's Line Item Veto or Obama's Authority (Poll Included)(2nd Update)

An interesting scenario is setting up under the stimulus package. In Alaska, the Governor has line-item veto on budget matters.

In the federal stimulus law, there is a provision that allows for the state legislature to by-pass the executive branch.

H/T to conservatives4palin on the topic of the legislator's comments on the matter.

The language of the stimulus bill:


SEC. 1607.

(a) CERTIFICATION BY GOVERNOR. Not later than 45 days after the date of enactment of this Act, for funds provided to any State or agency thereof, the Governor of the State shall certify that: the State will request and use funds provided by this Act and will use the funds to create jobs and promote economic growth.

(b) ACCEPTANCE BY STATE LEGISLATURE. If funds provided to any State in any division of this Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State.

(c) DISTRIBUTION. After the adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the State either by formula or at the State's discretion.

As stated, there is an interesting scenario setting up where by state constitutional authority, the Governor is given line-item veto. Something that is not held in the federal constitution per U.S. Supreme Court decisions.

Technically, a constitutional question of law can come into effect in that the federal stimulus package can have the caveat of holding states in obligation on future funding of items and projects.

From a constitutional stand point, Obama is overruling Alaska's Constitution in that he is allowing the state legislature through federal law, to completely by-pass the state constitutional provision giving the Governor the executive authority to use her veto pen.

A poll on the topic is in the upper left-hand of the page.

Update:Freeper Yehuda's comments on Robert Reich

iiuc, this is what/how Robert Reich was back-door hinting to Rangel in the otherwise infamous “white male white construction workers” video last month:

at 1:58

Rangel: “Governors are going to be forced to find some formula to find out how...

2:23 “...remove the discretion...

3:13” mandating the criteria and the formulas`

Reich: “absolutely the criteria and the formulas ought to be mandated, governors should be given a choice of signing on the bottom line or not, they should be held accountable, they should not be held up in state legislatures...”

Update: A Cup of Tea Anyone.....

Scenes from the D.C. Tea Party; Updated, vid added

Anti-stimulus protesters rally at the Arch

Tea Party Protest Held In Omaha

The First Report from the Springfield, Missouri Tea Party: Springfield, Missouri Patriots Gather to Protest Obama, Stimulus, Spending, and Taxes

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