Tuesday, May 26, 2009

Tortured Logic of South Carolina's Association of School Administrators

Leave it up to unions and school administrators to come up with fuzzy math and tortured logic.

The governor’s contention has been that, since the American Recovery and Reinvestment Act of 2009 is a federal law that directs the spending of federal money, the lawsuit should be decided in federal court.

But the state Association of School Administrators thinks the matter should be settled in state court. The state constitution gives state lawmakers the authority to pass a budget. They passed a budget that includes spending about $350 million in federal stimulus money that the governor is refusing to request. Their argument is that the budget is a state law and the governor is sworn to uphold it, and a federal court shouldn’t be involved in making a decision about the state constitution.

This will be interesting how this plays out. It's pretty simple however, it's a federal law that imposes itself on the sovereign status of the state. So it should be handled in a federal court.

The who is injured and who has standing argument justifies that the Governor be the Plaintiff and the United States government be the defendant.

All other arguments are just for political show and amicus briefs..

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